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04.21.16

Links 21/4/2016: KDE Applications 16.04, New *buntu LTS Releases

Posted in News Roundup at 7:38 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • How British Gas Connected Home is moving beyond Hive and managing an “explosion” of IoT data using an open-source Apache stack

    Connected Home, the IoT offshoot of British Gas, knew it wanted an open source solution for its vastly growing pool of data and connected devices, now its looking at how to leverage this technology for its customers

    For anyone that watches television or listens to the radio in the UK, Hive is the connected thermostat device British Gas advertises with a catchy jingle which: “Controls your heating, from your phone.”

    What they won’t be aware of is the explosion of data a connected device like Hive drives back to its parent company, Connected Home, a business unit launched by British Gas in 2012 to operate along lean, start-up principles.

  • Small Business Project Management Software: A Look at ProjectLibre

    Change happens in every business. Whether it’s a move to a new office, a new product launch, or a total restructuring, careful planning is essential to execute changes smoothly. But why use project management software?

    While it’s possible to manage a small project with an Excel worksheet, small business project management software is a smarter choice. It helps you identify all the required tasks, allocate those tasks to the right people, and make sure your people complete those tasks on time.

  • Modeling Avengers: Open Source Technology Mix for Saving the World

    Cedric Brun is the CTO of Obeo, leads the EcoreTools and Amalgamation components, maintains the Modeling Package, and is a committer on Sirius, Acceleo, Mylyn. Benoit Combemale is an associate professor at the University of Rennes, and is a research computer scientist at IRISA and INRIA. He is co-author of two books, and a member of the ACM and the IEEE.

  • Open Source Blockchain Effort for the Enterprise

    The Hyperledger Project today is also announcing ten new companies are joining the effort and investing in the future of an open blockchain ledger: Blockstream, Bloq, eVue Digital Labs, Gem, itBit, Milligan Partners, Montran Labs, Ribbit.me, Tequa Creek Holdings and Thomson Reuters.

  • Events

    • First Brno Linux Desktop Meetup

      The desktop engineering team in the Red Hat office in Brno is quite large, we’ve got over 20 developers working on various desktop projects here, but there is no active community outside Red Hat. We’re also approached by students who are interested and would like to get started, but don’t know where and we’d like to have an event to which we can invite them, talk to them about it more in detail, and help them with things beginners struggle with.

    • ZeMarmot and GIMP at GNOME.Asia!

      While Libre Graphics Meeting 2016 barely ended, we had to say Goodbye to London. But this is not over for us since we are leaving directly to India for GNOME.Asia Summit 2016. We will be presenting both ZeMarmot, our animation film project made with Free Software, under Libre Art licenses, and the software GIMP (in particular the work in progress, not current releases), as part of the team. See the » schedule « for accurate dates and times.

    • Want more inclusivity at your conference? Add childcare.

      Providing conference childcare isn’t difficult or expensive, and it makes a huge difference for parents of young children who might want to come. If your community wants to (visibly!) support work-life balance and family obligations — which, by the way, still disproportionately impact women — I urge you to look into providing event childcare. I don’t have kids myself — but a lot of my friends do, and someday I might. I’ve seen too many talented colleagues silently drop out of the conference scene and fade out of the community because they needed to choose between logistics for the family they loved and logistics for the work they loved — and there are simple things we can do to make it easier for them to stay.

    • Roaming Teach-in for Digital Freedom (Washington, DC)
    • #LGM16

      Today I want to tell you about a conference that I really wanted to go to for 2 reasons: 1 – it was about open source graphics, 2 – it was in London =) You probably guessed it – it’s Libre Graphics Meeting.

  • SaaS/Back End

  • Healthcare

    • Slovenia modelling new eHealth services

      To build the data model, the researchers used OpenEHR – publicly developed specifications for health information systems and building clinical models. The tool is user-friendly for both medical experts and IT specialists, says Rant. “OpenEHR helps both groups to understand one another, improving collaboration.”

  • Pseudo-Open Source (Openwashing)

  • Funding

  • FSF/FSFE/GNU/SFLC

  • Public Services/Government

    • Finland organises hackathon on government budget

      “We want to inspire a broad range of experts, including economists, social scientists, behavioural scientists, designers, and of course software developers”, the ministry explains in its introduction. “We believe that the budget needs to be looked at in many different ways, and that combining different kinds of knowledge and experience, produce the best results.”

    • Study: Cross-border eGov services low on agenda

      Cross-border eGovernment services score low on national policy agendas, according to a study on cross-border cooperation between the Nordic countries. Well-organised, national eID infrastructures are not interconnected, the report says.

  • Openness/Sharing/Collaboration

    • Ukrainian Parliament to become more open

      Launched in 2012, the Declaration on Parliamentary Openness is a set of shared principles “on the openness, transparency and accessibility of parliaments supported by more than 140 organizations from over 75 countries”, said OpeningParliament.org, the project’s platform. OpeningParliament.org defines itself as “a call to national parliaments, and sub-national and transnational legislative bodies, by civil society parliamentary monitoring organizations (PMOs) for an increased commitment to openness and to citizen engagement in parliamentary work”.

    • Open Data

      • A Cycling Map

        For a couple of years now, I have been mapping the rural roads around here in OpenStreetMap. This has been an interesting process.

    • Open Hardware/Modding

  • Programming/Development

    • All Star Code Summer Intensive FAQ

      The All Star Code initiative prepares qualified young men of color for jobs in the tech industry by providing mentorship, industry exposure, and intensive training in computer science. This year’s All Star Code Summer Intensive program runs from July 11 to August 19. Here, All Star Code answers our questions about the program and tells us how to get involved.

    • Q&A: Gene Kim explains the joy of devops

      Devops is one of those volatile topics that mixes human behavior patterns with technology, often yielding dramatic increases in productive output — that is, more high-quality software at a much faster pace. It’s a fascinating area. But is devops fascinating enough for a novel?

    • Decoding DevOps, Docker, and Git

      Even as accepted standards on how to do it “right” remain elusive, DevOps is a crucial element of modern IT. Corey Quinn, director of DevOps at FutureAdvisor, has immense experience in operations and DevOps. I had an opportunity to talk to him ahead of his two talks at LinuxFest Northwest 2016: Terrible ideas in Git and Docker must die: Heresy in the church of Docker.

  • Standards/Consortia

Leftovers

  • The Strange Case of Tony Blair, Gordon Brown and the McCanns

    This again is absolutely not the norm. On a daily basis more British citizens have contact with foreign authorities than the total staff of the FCO. It would be simply impossible to give that level of support to everybody. Plus, against jingoistic presumption, a great many Brits who have contact with foreign police are actually criminals.

  • ‘Accuracy is for snake-oil pussies’: Vote Leave’s campaign director defies MPs

    “Can you go back to your seat please?” asked Andrew Tyrie, chair of the Treasury select committee as Dominic Cummings hovered menacingly over his shoulder.

    Cummings, Vote Leave’s campaign director, had no intention of going anywhere. Going back to his seat would be a victory for the cesspit of Brussels. Instead he stood over Tyrie, pointing at his phone.

    “I’ve got another meeting at four, so I’ll have to be out of here before that,” Cummings insisted, sticking it to the Man.

    “I don’t think you’ve got the hang of these proceedings,” Tyrie replied evenly. “We ask the questions and you stay and answer them.”

  • Science

    • Machine Learning and AI Coming Soon to Networking

      Machine learning and artificial intelligence have gained notoriety among the general public through applications such as Siri, Alexa or Google Now. But, beyond consumer applications, these new hot areas of innovation are bringing unbelievable benefits to the different components of IT infrastructure that enable it, said

      David Meyer, Chairman of the Board at OpenDaylight, a Collaborative Project at The Linux Foundation, in his presentation at the DevOps Networking Forum last month.

    • SpaceX Falcon booster comes full circle to Cape Canaveral after landing at sea

      Eleven days after a thrilling landing at sea, SpaceX’s Falcon 9 rocket booster is coming back to the company’s space-age garage in Florida, in preparation for engine tests and potentially the first-ever reuse of its rocket hardware.

  • Health/Nutrition

    • 12 reasons why tea is better than coffee
    • Criminal Charges Filed in the Poisoning of Flint’s Water Supply

      Three Michigan state and local officials have been criminally charged for their involvement in the Flint water contamination crisis. The water crisis began when Flint’s unelected emergency manager, appointed by Governor Rick Snyder, switched the source of the city’s drinking water from the Detroit system to the corrosive Flint River. The water corroded Flint’s aging pipes, causing poisonous levels of lead to leach into the drinking water.

    • Antibiotics Have Given Us Untreatable Gonorrhea

      Gonorrhea is like an extremely persistent garden weed. As far as sexually transmitted diseases go, it’s relatively easy to get and requires a multipronged offensive to annihilate. And even if you’ve thwarted it once already, you’re still left vulnerable to reinfection.

      So far, doctors have been pretty damn good at treating the disease, which is partially why England’s public health agency has just sounded the alarm over a rise in “super-gonorrhea” among Brits.

    • Prescription meds get trapped in disturbing pee-to-food-to-pee loop

      If you love something, set it free… so the old adage goes. Well, if the things you love are pharmaceuticals, then you’re in luck. Through vegetables and fruits, the drugs that we flush down the drain are returning to us—though we’ll ultimately pee them out again. (Love is complicated, after all)

  • Security

    • Tuesday’s security updates
    • Security advisories for Wednesday
    • Red Hat Product Security Risk Report: 2015

      This report takes a look at the state of security risk for Red Hat products for calendar year 2015. We look at key metrics, specific vulnerabilities, and the most common ways users of Red Hat products were affected by security issues.

      Our methodology is to look at how many vulnerabilities we addressed and their severity, then look at which issues were of meaningful risk, and which were exploited. All of the data used to create this report is available from public data maintained by Red Hat Product Security.

    • April security sensationalism and FUD

      If you happen to follow the security scene, you must have noticed a lot of buzz around various security issues discovered this month. Namely, a critical vulnerability in the Microsoft Graphics Component, as outlined in the MS16-039 bulletin, stories and rumors around something called Badlock bug, and risks associated using Firefox add-ons. All well and good, except it’s nothing more than clickbait hype nonsense.

      Reading the articles fueled my anger to such heights that I had to wait a day or two before writing this piece. Otherwise, it would have just been venom and expletives. But it is important to express myself and protect the Internet users from the torrent of pointless, amateurish, sensationalist wanna-be hackerish security diarrhea that has been produced this month. Follow me.

    • DRAM bitflipping exploits that hijack computers just got easier
    • PacketFence v6.0 released

      The Inverse team is pleased to announce the immediate availability of PacketFence 6.0. This is a major release with new features, enhancements and important bug fixes. This release is considered ready for production use and upgrading from previous versions is strongly advised.

    • [Old] The Athens Affair

      How some extremely smart hackers pulled off the most audacious cell-network break-in ever

    • Write opinionated workarounds

      A few years ago, I decided that I should aim for my code to be as portable as possible. This generally meant targeting POSIX; in some cases I required slightly more, e.g., “POSIX with OpenSSL installed and cryptographic entropy available from /dev/urandom”. This dedication made me rather unusual among software developers; grepping the source code for the software I have installed on my laptop, I cannot find any other examples of code with strictly POSIX compliant Makefiles, for example. (I did find one other Makefile which claimed to be POSIX-compatible; but in actual fact it used a GNU extension.) As far as I was concerned, strict POSIX compliance meant never having to say you’re sorry for portability problems; if someone ran into problems with my standard-compliant code, well, they could fix their broken operating system.

  • Defence/Aggression

    • Media Pretend Not To Know About British Boots on the Ground in Libya

      Yesterday Philip Hammond, UK foreign secretary, visited a naval base in Tripoli to be shown docking facilities for British military vessels. The authoritative Jane’s Defence Weekly published that the 150 strong amphibious Special Purpose Task Group of commandos and special forces is in the Mediterranean on the amphibious warfare vessel Mounts Bay. Obviously purely a coincidence with Hammond’s visit!

      Just as in Syria and in Yemen it will not be admitted that British forces are in combat. In classic Cold War fashion, they are “military advisers and trainers.” There is a specific development which disconcerts me in Yemen, where the SAS operatives supporting the devastating Saudi bombings of the Houthi population have been seconded to MI6. There is a convention that military operations are reported to Parliament and MI6 operations are not, so the sole purpose of screening the SAS as MI6 is to deceive the UK’s own parliament.

    • China tests ICBM capable of striking US within half an hour

      Beijing has successfully tested a new long-range ballistic missile capable of engaging any potential target worldwide. The rocket takes just 30 minutes to cover its maximum 12,000km range and can deliver multiple strikes on any nuclear-capable state.

    • Letter from the Netherlands

      (2) The Neths. has ordered 37 fighter jets F35s with hook ups for 20 odd upgraded nukes to be stored on Dutch soil. In case of war Dutch pilots are to drop these on targets to be determined by the US. Belgium, Germany and Italy have the same arrangement.

    • War, Football, and Realism: If Any

      From the footballer’s point of view, the United States won in Iraq. It killed huge numbers of people while losing few, destroyed whole cities, and never lost a battle. Yet it got none of the things it wanted: a puppet government, permanent large military bases, and the oil. A dead loss. If anybody won, they were Israel and Iran. In Afghanistan, America as usual devastated the country and killed hugely and with impunity, thus winning the football game – but accomplished nothing.

    • Obama knows 9/11 was linked to Saudi Arabia – its massive oil reserves are behind his official visit
    • Saudi diplomats linked to 9/11 plot
    • Why the U.S. and Saudi Arabia Are Suddenly Involved in a Tense Geopolitical Drama

      There’s a reason we’re suddenly talking about 9/11 all over again.

    • US Protects Saudis From Terror Suits, Backs Suits Against Iran

      Intense debate and international diplomatic blackmail has dominated the discussion of the Justice Against Sponsors of Terrorism Act, a bipartisan bill which would open up civil lawsuits against any foreign nations if they are found to be involved in the funding of a terrorist attack occurring on US soil.

    • President Obama Can Help Save Saudi Youth Facing Beheading

      These young men were sentenced to death for activities that, in the United States, are guaranteed by the First Amendment of our Constitution. The fact that they were sentenced to death for actions committed as juveniles is all the more shocking.

    • How The New Yorker Mis-Reports Syria

      Only 6 percent of Americans surveyed in a new national poll say they have a lot of confidence in the media — a result driven by a widespread perception that news stories are one-sided or downright inaccurate. That finding came to mind as I heard New Yorker editor David Remnick introduce an April 17 segment on Syria on the New Yorker Radio Hour.

    • I Fought The Taliban And They Came After Me And My Family

      So there’s this guy in Afghanistan who learned English from watching old Arnold Schwarzenegger movies. When the Americans invaded after 9/11, he offered to help them by acting as an interpreter … then wound up fighting alongside Army Rangers and saving at least five American lives in the process. The moment he felt like he was finally out of danger, the Taliban came after him and his family, forcing him to flee the country.

      [...]

      That means that many of the people shooting at American soldiers somewhere in Afghanistan, right now, don’t really know why Americans with guns are there in the first place. This is something you have to understand about the place if you’re wondering why we couldn’t find bin Laden the moment we landed: Afghanistan isn’t really a nation at all — it’s a sprawling hunk of land about the size of Texas, full of mountains, nomadic tribes, and villages. Most of the people there identify with their own little group and don’t give much of a shit about international politics.

  • Transparency/Investigative Reporting

    • RCEP: The Other Closed-Door Agreement to Compromise Users’ Rights

      A secretive trade agreement currently being negotiated behind closed doors could lay down new, inflexible copyright standards across the Asia-Pacific region. If you are thinking of the Trans-Pacific Partnership (TPP), think again—we’re talking about the lesser-known Regional Comprehensive Economic Partnership (RCEP). While RCEP doesn’t include the United States, it does include the two biggest Asian giants that the TPP omits—China and India. So while you won’t read about it in the mainstream U.S. press, it’s a very big deal indeed, and will assume even more importance should the TPP fail to pass Congress.

    • Noam Chomsky defends Julian Assange: “He should be given a medal”

      Assange and others established WikiLeaks in 2006. Since the release of the Chelsea Manning material, U.S. authorities began a long-term investigation of WikiLeaks and Assange, aiming to prosecute them under the Espionage Act of 1917.

  • Environment/Energy/Wildlife/Nature

    • NOAA: Monthly Temperature Reports Are ‘Sounding Like A Broken Record’

      Last month was the hottest March on record by far, NOAA confirmed Tuesday. March was 2.2°F above the 20th century average. This anomaly (departure from “normal”) was “the highest monthly temperature departure among all months” in the 1880-2016 record.

      It follows the hottest February on record in the NOAA dataset, which followed the hottest January on record, hottest December on record, hottest November, hottest October, hottest September, hottest August, hottest July, hottest June, and hottest May. This 11-month streak “is the longest such streak in NOAA’s 137-year climate record.”

    • Nuclear costs in uncharted territory

      If you want a job for life, go into the nuclear industry – not building power plants, but taking them down and making them safe, along with highly-radioactive spent fuel and other hazardous waste involved.

      The market for decommissioning nuclear sites is unbelievably large. Sixteen nations in Europe alone face a €253 billion waste bill, and the continent has only just begun to tackle the problem.

    • DCI Group Subpoenaed in Expanding Exxon Climate Denial Investigation

      DCI Group, a Washington DC public relations and lobbying firm, is the latest group subpoenaed in an expanding investigation by state attorneys general into the funding of climate change denial by ExxonMobil, according to court filings reviewed by the Center for Media and Democracy (CMD).

      ExxonMobil has now received separate subpoenas from both the New York and U.S. Virgin Islands U.S. Attorneys’ Offices. The Competitive Enterprise Institute (CEI) and DCI Group have also been subpoenaed by the U.S. Virgin Islands for records relating to their role in helping ExxonMobil with climate change denial.

      Seventeen state attorneys general—calling themselves “AGs United for Clean Power”—held a press conference on March 29, announcing increased collaboration between the states in investigating the opposition to tackling climate change.

    • Coral are bleaching along the entire Great Barrier Reef

      Coral reefs are about as colorful as the ocean gets—except when they bleach. Overly warm water can cause corals to spit out the colorful, photosynthetic, single-celled symbiotes that live inside them and produce most of their food. If the heat passes before the corals starve to death, their symbiotes can return, bringing color and health back to the coral.

      As the globe warms, widespread bleaching events are occurring with disturbing frequency. These tend to occur during times of El Niño conditions in the Pacific, which add a temporary boost to the warming water at some reefs. The current record-strength El Niño is sadly no exception.

    • Great Barrier Reef damage: ‘We’ve never seen anything like this before’

      Scientists in Australia have revealed the “tragic” extent of coral bleaching across the Great Barrier Reef, releasing maps which show damage to 93 per cent of the famous 1,500-mile stretch of reefs following a recent underwater heatwave.

      Warning that the reef is now in a “precarious position”, scientists released aerial survey maps which show that the mass bleaching event is the worst in history and far more severe than previous such events in 1998 and 2002.

    • New Indonesia mill raises doubts about APP’s forests pledge

      A landmark commitment by one of the world’s largest producers of tissue and paper to stop cutting down Indonesia’s prized tropical forests is under renewed scrutiny as the company prepares to open a giant pulp mill in South Sumatra.

      To fanfare more than three years ago, Asia Pulp and Paper promised to use only plantation woods after an investigation by one of its strongest critics, Greenpeace, showed its products were partly made from the pulp of endangered trees.

      Greenpeace welcomed the announcement as a breakthrough and the company, long reviled by activists as a villain, rebranded itself as a defender of the environment, helping it to win back customers that had severed ties. At the same time, it was pressing ahead behind the scenes with plans to build a third pulp mill in Indonesia.

    • Will Asia Pulp & Paper default on its “zero deforestation” commitment?

      This study by twelve international and Indonesian NGOs shows that in spite of its high-profile sustainability commitments, Asia Pulp & Paper (APP) is building one of the world’s largest pulp mills in the Indonesian province of South Sumatra without a sustainable wood supply. The US$2.6 billion OKI Pulp & Paper Mills project will expand APP’s wood demand by over 50%, with much of this coming from plantations on high-carbon peatlands.

  • Finance

    • Choice? What Choice?

      It is an old photo but worth recalling. Those expressions of delight of both couples in the company of their fellow members of the ruling elite are not feigned.

    • Bill That Obama Extolled Is Leading to Pension Cuts for Retirees

      One of the many obscure provisions jammed into a last-minute budget bill in 2014 endorsed and signed by President Obama is leading to what would be the first cuts in earned pension benefits to current retirees in over 40 years.

      The Washington Post reports that the Treasury Department is on the verge of approving an application from the Central States Pension Fund – a plan that covers Teamster truckers in several states – to cut worker pensions by an average of 23 percent, and even more for younger retirees. Over 250,000 truckers and their families would be affected. Workers over 75, or those who have acquired a disability, would be exempt from the changes.

    • PMQs: Cameron vows to ‘finish the job’ on academies

      David Cameron has defended controversial plans to force all state schools in England to become academies, saying it is time to “finish the job”.

      During Prime Minister’s Questions, Labour’s Jeremy Corbyn cited opposition to the “top down reorganisation” from teachers, parents and some Tory MPs.

      He said good schools should not be distracted by “arbitrary changes”.

      Sources said the government was likely to guarantee no small rural schools would close as a result of the shakeup.

  • AstroTurf/Lobbying/Politics

    • When ‘Both Sides’ Are Covered in Verizon Strike, Bosses’ Side Is Heard More

      In three New York Times stories, management was quoted eight times to workers’ four. In the Washington Post‘s two reports, the ratio was 6:2 in management’s favor. Buzzfeed‘s three articles favored the company 13 to 7, while Vox‘s lone post had four quotes from management and none from labor. In all four outlets together, there were 31 quotes from Verizon representatives, 13 quotes from workers and their representatives.

    • Donald Trump Is Right: The GOP Primary System Is Rigged

      I hate to agree with Donald Trump about anything, but he’s got a point: the Republican primary process is really unfair. Just look at New York: Kasich and Cruz won 40 percent of the vote but only 4 percent of the delegates. It’s an outrage.

    • Hillary and Trump’s Crushing New York Victories Proved One Thing: The System Is in Shreds

      New York’s primary process was exactly as high-profile, nasty and chaotic as you’d expect it to be, but in the end, it only highlighted that this election is just going to go on and on and on and on. Oh, and one more thing: that the way we elect presidential candidates is crazy.

      Seriously, why do we do things this way? In New York City, a slew of snafus and irregularities triggered a probe from the local Board of Elections, which is notorious for its incompetence. (You have to hand it to a city that can turn its police force into a monstrous high-tech army but can’t handle an election.) Millions of people across the state suddenly discovered that they were barred from voting because they weren’t registered Democrats. You can blame Sanders for not making more of a push to get his supporters to get their act in order, but New York has a ridiculously early deadline for changing your party registration. The burden should be on the state to make it easier to vote and not force people to have the equivalent of a key to a special club just to exercise a fundamental right. Of course, this is New York, the place that gave us Boss Tweed, so we shouldn’t be too shocked.

    • What Is Wrong With New York’s Voting System and How Can It Be Fixed? (Video)

      On “Democracy Now!” on Wednesday, voting rights advocates tallied the reforms New York state must implement to restore confidence in democracy after more than 125,000 Brooklyn residents were among many voters unable to cast ballots in the presidential primary on Tuesday because they’d been removed from voter rolls.

      New York Mayor Bill de Blasio said before the polls closed: “It has been reported to us from voters and voting rights monitors that the voting lists in Brooklyn contain numerous errors, including the purging of entire buildings and blocks of voters from the voting lists.”

      On Monday, Truthdig reported that hundreds of New Yorkers filed a class-action lawsuit alleging authorities had tampered with their registration.

    • Five States Have Primaries Next Week. Will They Face The Same Problems New York Did?

      Tuesday’s presidential primary in New York served as a stark reminder that voting irregularities and restrictions are not a thing of the past and not confined to the South.

      As residents purged from the rolls in Brooklyn keep struggling to have their votes counted, the nation’s attention is turning to the states scheduled to vote on Tuesday: Maryland, Connecticut, Pennsylvania, Rhode Island, and Delaware.

    • Dr. Jill Stein – Symptoms of a Sick Society
    • Bowing to America’s Oligarchs

      Apparently, other countries, but not the U.S., have oligarchs. Billionaire and Commerce Secretary Penny Pritzker came and went to the National Press Club with hardly a tough question on Monday.

    • The Democratic Stockholm Syndrome

      New Yorkers voted overwhelmingly for those holding their progress captive

    • The ICA and ODA: The IPA’s sham anti-truckie astroturfing operation

      IN my article last week on the Road Safety Remuneration Tribunal (RSRT), I wrote that I doubted that the people most actively opposed to these measures were owner drivers, but rather big business, which primarily benefits from lower freight costs.

    • The Primary Season That Won’t End

      An ongoing series that won’t be over any time soon.

  • Censorship/Free Speech

  • Privacy/Surveillance

    • Metadating helps you find love based on your everyday data

      This twist on speed-dating was part of an experiment run by a team at Newcastle University in the UK. They wanted to know what would happen in a world where instead of vetting potential dates by their artfully posed selfies or carefully crafted dating-site profiles, we looked at data gathered by their computers and phones. As use of data-gathering devices increases, it’s a world that’s just round the corner. The team calls it “metadating”.

    • Helen Nissenbaum on Regulating Data Collection and Use

      NYU Helen Nissenbaum gave an excellent lecture at Brown University last month, where she rebutted those who think that we should not regulate data collection, only data use: something she calls “big data exceptionalism.” Basically, this is the idea that collecting the “haystack” isn’t the problem; it what is done with it that is. (I discuss this same topic in Data and Goliath, on pages 197-9.)

    • Apple, Google, Microsoft, and others express ‘deep concerns’ over controversial encryption bill

      Coalitions representing major tech companies warn of ‘unintended consequences’ in letter to US senators

    • Keep the Pressure On: Brazilian Online Surveillance Bills Threaten Digital Rights and Innovation

      The Brazilian Chamber of Deputies is about to vote on seven bills that were introduced as part of a report by the Brazilian Parliamentary Commission of Inquiry on Cybercrimes (CPICIBER). Collectively, these bills would be disastrous for privacy and freedom of expression in Brazil. That’s why EFF is joining a coalition of Brazilian civil society groups in opposing the bills. As the vote takes place on April 27, it’s crucial that we voice our concerns to CPICIBER members now.

    • Last July, NSA and CIA Decided They Didn’t Have to Follow Minimization Procedures, and Judge Hogan Is Cool with That

      Yesterday, I Con the Record released three FISA Court opinions from last year. This November 6, 2015 opinion, authorizing last year’s Section 702 certifications, has attracted the most attention, both for its list of violations (including the NSA’s 3rd known instance of illegal surveillance) and for the court’s rejection of amicus Amy Jeffress’ argument that FBI’s back door searches are not constitutional. I’ll return to both issues.

    • Documents Reveal Secretive U.K. Surveillance Policies

      Newly disclosed documents offer a rare insight into the secretive legal regime underpinning the British government’s controversial mass surveillance programs.

      London-based group Privacy International obtained the previously confidential files as part of an ongoing legal case challenging the scope of British spies’ covert collection of huge troves of private data.

      Millie Graham Wood, Legal Officer at Privacy International, said in a statement Wednesday that the documents show “the staggering extent to which the intelligence agencies hoover up our data. This can be anything from your private medical records, your correspondence with your doctor or lawyer, even what petitions you have signed, your financial data, and commercial activities.”

    • Data privacy proponents are counting on the public’s right to know

      In the latest front in the great data privacy war, the Electronic Frontier Foundation sued the Justice Department on Tuesday, demanding that the government reveal whether it has obtained orders from the Foreign Intelligence Surveillance Court (FISC) compelling private companies to help investigators break into customers’ cellphones and devices.

    • ‘Terrorism investigation’ Court lets NSA collect telephone records data

      In its first ruling regarding phone records since the passage of the USA Freedom Act, the Foreign Intelligence Surveillance Court granted the National Security Agency the powers it requested. Much of the court order was redacted, however.

    • Apple: Governments Asked For User Data 30,000 Times In Second Half of 2015
    • Apple’s Spiking National Security Requests Could Reflect USA Freedom Compliance
    • Tech coalitions pen open letter to Burr and Feinstein over bill banning encryption
    • FBI’s Back Door Searches: Explicit Permission … and Before That

      As I have pointed out, Mukasey (writing with then Director of National Intelligence Mike McConnell, who would also have to approve any PRISM minimization procedures) made it clear in response to a Russ Feingold amendment of FISA Amendments Act in February of 2008 that they intended to spy in Americans under PRISM.

      So it sure seems likely the Administration at the very least had FBI back door searches planned, if not already in the works, well before FISC approved the minimization procedures in 2009. That’s probably what Hogan explained in that paragraph, but James Clapper apparently believes it would be legally inconvenient to mention that.

    • Why Did Congress Let Law Enforcement Officials Lie About Encryption?

      When you testify before Congress, it helps to actually have some knowledge of what you’re talking about. On Tuesday, the House Energy & Commerce Committee held the latest congressional hearing on the whole silly encryption fight, entitled Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives. And, indeed, they did have witnesses presenting “industry” and “law enforcement” views, but for unclear reasons decided to separate them. First up were three “law enforcement” panelists, who were free to say whatever the hell they wanted with no one pointing out that they were spewing pure bullshit.

    • FISA Court Still Uncovering Surveillance Abuses By NSA, FBI

      With multiple redactions and having survived a declassification review, another FISA court opinion has been released to the public. The opinion dates back to November of last year, but was only recently dumped into the public domain by the Office of the Director of National Intelligence. While the five-month delay seems a bit long, the alternative is no public release at all. The small miracle that is the public release of FISA court opinions can be traced directly to Ed Snowden and a handful of FOIA lawsuits — not that you’ll see either credited by the ODNI when handing over documents.

      The bad news is that the FISA court has uncovered still more abuse by the NSA and FBI. While there appears to be no imminent danger of the court yanking the agencies’ surveillance privileges (as nearly happened in 2008), the presiding judge (Thomas Hogan) isn’t impressed with the agencies and their cavalier attitude towards mass surveillance. The stipulations put in place to offset the potential damages of untargeted mass surveillance — strict retention periods and minimization procedures — are the very things being ignored by the NSA and FBI.

    • FBI’s PRISM slurping is ‘unconstitutional’ – and America’s secret spy court is OK with that
    • Public advocate: FBI’s use of PRISM surveillance data is unconstitutional
    • Public advocate: FBI’s use of PRISM surveillance data is unconstitutional
    • DOJ Sued Over Access to Requests for Encrypted Data
    • US government sued by activists looking for backdoor smoking gun
    • US surveillance court approves NSA phone records application
    • Watchdog Demands Info From Secret Court
    • EFF Sues DOJ for Secret Court Orders
    • EFF sues Justice Department to discover if secret orders are used to decrypt user data
    • National Security Agency now authorized to gather telephone records under new electronic spying law
    • U.S. DOJ Faces Lawsuit Demanding Disclosure of The Use of Secret Court Orders Against Tech Companies
    • EFF Sues DOJ Over Its Refusal To Release FISA Court Documents Pertaining To Compelled Technical Assistance

      Given the heightened interest in the government’s efforts to compel companies like Apple to break into their own products for them, the EFF figured it would be a good time to ask the government whether it had used FISA court orders to achieve these ends.

      Naturally, the government would rather not discuss its efforts to force Apple, et al. to cough up user data and communications. Hence the secrecy surrounding its use of NSLs, subpoenas and gag orders. Hence, also, its desire to keep cases involving All Writs Acts orders under seal if possible. Hence also (also) its refusal to discuss the secret happenings in its most secret court.

    • Joint Statement on the final adoption of the new EU rules for personal data protection

      Today’s adoption means a robust level of EU data protection standards will become the reality in all EU Member States in 2018.Member States have two years to apply the Data Protection Regulation and to transpose and implement the “Police” Directive. This timeframe gives Member States and companies sufficient time to adapt to the new rules.

      The Commission will work closely with Member States to ensure the new rules are correctly implemented at national level. We will work with the national data protection authorities and the future European Data Protection Board to ensure coherent enforcement of the new rules, building upon the work of the Article 29 Working Party. The Commission will also engage in open dialogue with stakeholders, notably businesses, to ensure there is full understanding and timely compliance with the new rules.

    • SS7 and NSA’s Redundant Spying

      But the fact that Lieu — who really is one of the smartest Members of Congress on surveillance issues — is only now copping onto the vulnerabilities with SS7 suggests how stunted our debate over dragnet surveillance was and is. For two years, we debated how to shut down the Section 215 dragnet, which collected a set of phone records that was significantly redundant with what we collected “overseas” — though in fact the telecoms’ production of such records was mixed together until 2009, suggesting for years Section 215 probably served primarily as legal cover, not the actual authorization for the collection method used. We had very credulous journalists talking about what a big gap in cell phone records NSA faced, in part because FISC frowned on letting NSA collect location data domestically. Yet all the while (as some smarter commenters here have said), NSA was surely exploiting SS7 to collect all the cell phone records it needed, including the location data. Members of Congress like Lieu — on neither the House Intelligence (which presumably has been briefed) or the House Judiciary Committees — would probably not get briefed on the degree to which our intelligence community thrives on using SS7’s vulnerabilities.

    • Nick Asks the NSA: Signaling System 7 (SS7)

      SS7 is the protocol phone companies use to talk to each other. It is an “out of band” signaling protocol, a separate communication channel used to coordinate calls and other features. For example, SS7 is the protocol involved in cellular roaming, allowing a cellphone to work effectively anywhere on the planet.

      Unfortunately SS7 has a large amount of legacy, the biggest being a design concept dating back to the old Bell telephone days with a single flat trust model. This means that a cellular company in Kazakhstan is considered just as trustworthy as AT&T.

    • GCHQ should split to offer separate cyber defence unit, says security expert

      GOVERNMENT LISTENING AGENCY GCHQ should be split into separate attack and defence units, according to a leading security expert.

      Ross Anderson, professor of security engineering in the computer laboratory at the University of Cambridge, explained that this would allow GCHQ to operate more openly, and make other public and private organisations more likely to collaborate with it.

      “The problem is that the UK government has demonstrated repeatedly that it’s not trustworthy. The Snowden documents made it clear that the British state is more interested in exploiting stuff than protecting it,” said Anderson.

    • NSA, FBI outed for violating court order to delete data

      A judge with the Foreign Intelligence Surveillance Court, where America’s intelligence agents go to get approval for secret spy operations, expressed concern top feds weren’t deleting information they collected off the Internet on unsuspecting individuals – in potential violation of law, recently declassified documents showed.

      Judge Thomas Hogan named the National Security Agency as “potentially” in violation of law, and said the office broke “several provisions” of its own internal policies, the Hill reported, citing the November 2015 opinion that was just made public. He also said he was “extremely concerned” the data hadn’t been deleted and the agency maintained its possession of such, in seeming violation of policy and law, the Hill reported.

    • Netflix CEO Says Annoyed VPN Users Are ‘Inconsequential’

      When Netflix recently expanded into 190 different countries, we noted that the company ramped up its efforts to block customers that use VPNs to watch geo-restricted content. More accurately, Netflix stepped up its efforts to give the illusion it seriously cracks down on VPN users, since the company has basically admitted that trying to block such users is largely impossible since they can just rotate IP addresses and use other tricks to avoid blacklists. And indeed, that’s just what most VPN providers did, updating their services so they still work despite the Netflix crackdown.

  • Civil Rights/Policing

    • CMD Exclusive: Why I Chose to Get Arrested in Defense of Our Democracy

      On Monday, I joined hundreds of fellow citizens who were arrested as part of a non-violent act of civil disobedience on the steps of our U.S. Capitol.

      I stood with people of all ages and all walks of life as part of a growing movement to reclaim an America that guarantees the unimpeded right to vote for all and a government that works for the people instead of the powerful plutocrats.

      I was there as someone who has worked for Clean Elections and ethical government for 20 years, and on behalf of my colleagues at the Center for Media and Democracy. CMD serves as a watchdog against corporate influence on democracy and public policy, and it sounded the alarm on the dangerous Citizens United decision of the U.S. Supreme Court six years ago.

    • North Korea Election Monitors Leave New York in Disgust (Satire?)

      A team of North Korean election monitors left New York City in disgust, claiming that democracy was “dead to them.”

      Following a long series of primary election issues across the United States, where local scams, manipulated caucuses and voter disenfranchisement ran wild, the United Nations requested the North Koreans provide a team of election monitors (above) to oversee the highly-contested New York primary. In choosing North Korea for the job, UN officials cited the “great similarities between the North Korean and American systems.”

    • Forcing the Innocent to Plead Guilty, an American Disgrace

      A record 149 people had their criminal convictions overturned in 2015 after courts found they had been wrongly charged, according to a recent study. Nearly four in 10 of those exonerated had been convicted of murder, and the average newly-released prisoner had served more than 14 years in prison. Most of the exonerations came in only two states, Texas and New York. The National Registry of Exonerations, a project of the University of Michigan Law School, found that there have been 1,733 exonerations since 1989, with the total doubling since 2011. More than two-thirds of last year’s exonerees were minorities. Five had been sentenced to death.

      There is a reason why most of the exonerations have come from two locales. District attorneys in Brooklyn, New York, and Harris County, Texas, have begun long-term reviews of questionable convictions, actions that are being watched by prosecutors and defense attorneys across the country. With 156 death row exonerations since 1973, according to the Death Penalty Information Center, this is a problem that must be addressed.

      The National Registry of Exonerations report stated further that 42 of those exonerated in 2015 had pleaded guilty, a glaring indication that the current system of seeking plea bargains simply isn’t just. Indeed, Propublica found that 98.2 percent of all federal cases end in conviction, with nearly all of those a result of plea deals.

    • UK Drug Dogs Finding Way More Sausage And Cheese Than Actual Drugs

      Drug dogs here in the US are mainly one-trick ponies, to clumsily mix a metaphor. Domesticated canines aim to please. Training of drug dogs involves giving them treats or toys upon alerting. You don’t have to be Pavlov to see how this plays out in the real world. Dogs will alert in hopes of a reward or be nudged in that direction by conscious or unconscious “nudges” by their handlers. Hence, we have drug dogs in use with horrendous track records. (But, notably, not horrendous enough to result in judicial smackdowns, for the most part.)

    • Harriet Tubman and the Currency of Resistance

      U.S. Treasury Secretary Jack Lew announced Wednesday that the revised $20 bill will feature the portrait of the legendary abolitionist Harriet Tubman. Tubman was born a slave, escaped to freedom and became a conductor on the Underground Railroad, as well as a campaigner for women’s right to vote. She will be replacing President Andrew Jackson on the front of the $20 bill. He was a contemporary of hers, who owned slaves (one of 18 presidents who did so) and became wealthy from their forced labor. The decision was influenced by grass-roots action, Lew said, as hundreds of thousands weighed in with their suggestions for which women to honor. It also was not without controversy.

    • Harriet Tubman Will Replace Andrew Jackson on the $20 Bill

      Treasury Secretary Jack Lew has decided that a redesigned $20 bill will feature a portrait of Harriet Tubman, a Treasury official confirmed to The Intercept on Wednesday.

    • No Prison Time For NYPD Officer Who Killed Unarmed Man, Then Texted Union Rep Instead of Helping

      Criminally negligent homicide is a felony, which will prevent Liang from resuming his career in law enforcement, and carries a maximum sentence of four years in prison.

    • Egyptian Policeman Kills Over The Price Of A Cup Of Tea In Latest Incident Of Police Brutality

      An Egyptian police officer shot three people after arguing with them over the price of a cup of tea in a Cairo suburb on Tuesday, leaving one of them dead. The incident raised furor among onlookers, who overturned a police car and assaulted another policeman.

      According to one witness, two vehicles carrying riot police and an armored truck quickly arrived on the scene, only to be pelted by rocks by the victims’ family.

    • Law Enforcement Forced To Hand Over $41K It Seized From Businessman At Airport, Plus Another $10K In Legal Fees

      An unidentified Techdirt reader sends in the news that Arizona law enforcement is going to be handing over $10,000 to Madji Khaleq as a result of a failed asset forfeiture attempt. This would be in addition to the $41,870 the DEA already handed back to Khaleq — every cent of the cash federal agents seized from him at the Tucson airport.

    • Brazil: Coup d’état – live on TV!

      An elected president faces impeachment just because Congress dislikes her.

    • 4 Ways Border Patrol Union’s Trump Endorsement Is Filled With Lies and Misinformation

      Since 2005, the Border Patrol has been showered with resources — including $8.4 million to sponsor a NASCAR team — that allowed it to expand its ranks at a breakneck pace. This trend has continued under the Obama administration. Unfortunately, recruitment surges by law enforcement agencies have historically led to — at best — the hiring of unqualified officers and — at worst — widespread misconduct and corruption. The Border Patrol is no exception.

    • ‘We Are Tonu’: Why has the murder of a 19 year old student sparked mass protests in Bangladesh?

      The death of Sohagi Jahan Tonu, a university student at Comilla Victoria College, led to massive protests and a social media outcry. What prevented this from just being another rape and murder case in Bangladesh?

    • Children cuffed, arrested, charged; Murfreesboro outraged

      Police handcuffed multiple students, ages 6 to 11, at a public elementary school in Murfreesboro on Friday, inspiring public outcry and adding fuel to already heightened tensions between law enforcement and communities of color nationwide.

      The arrests at Hobgood Elementary School occurred after the students were accused of not stopping a fight that happened several days earlier off campus. A juvenile center later released the students, but local community members now call for action — police review of the incident and community conversation — and social justice experts across the country use words such as “startling” and “flabbergasted” in response to actions in the case.

    • False Plagiarism Accusation Against Shaun King Shows Dangers of Online Mob Journalism

      On Tuesday afternoon, The New York Daily News published a column by its criminal justice writer, Shaun King (above), that denounced the harrowing treatment of a 37-year-old mentally incapacitated veteran, Elliot Williams, who died from neglect in an Oklahoma jail. Earlier that day, The Daily Beast had published a long, detailed, richly reported article on Williams’ death by Kate Briquelet, and King’s column was obviously based on Briquelet’s reporting.

      But as it appeared in the Daily News, King’s column provided no citation or attribution to Briquelet’s Daily Beast article. Worse, King’s column included two paragraphs that were verbatim copies from Briquelet’s article, and presented those two paragraphs without citation or even quotation marks. At first glance, it looked like a classic case of plagiarism, with King simply lifting two paragraphs and passing them off as his own. And The Daily Beast was understandably furious that their reporter’s excellent work would be pilfered without credit.

  • Internet Policy/Net Neutrality

  • DRM

    • Netflix crackdown in New Zealand takes hold

      Netflix warned in January that people outside the United States trying to watch content on the American catalogue would find it difficult to reach the service through VPN, but it seems to have taken three months for the crackdown to really be felt in New Zealand.

  • Intellectual Monopolies

    • Leaked IP Chapter Of Asian FTA Reveals Tough Rules For Poorer Partners, Civil Society Says

      The alleged intellectual property chapter of a secretive regional trade agreement between an association of ten Asian countries plus six others was released yesterday by a civil society group, which says richer countries in the region are pushing for stringent IP rules.

    • Trade secrets bill clears US House Judiciary Committee

      In a busy few days for trade secrets news, the House Judiciary Committee has approved a Senate-passed trade secrets bills with no changes and Indian company Tata has been hit with a $940m damages verdict in Wisconsin

    • House Judiciary Committee Approves Senate-Passed Trade Secrets Bill

      The House Judiciary Committee on Wednesday approved a Senate-passed bill that would allow civil litigation for the theft of international trade secrets.

      Lawmakers advanced the measure, S. 1890, by voice vote.

      Committee Chairman Rep. Bob Goodlatte (R-Va.) said the legislation “puts forward modest enhancements to our federal trade secrets law, creating a federal civil remedy for trade secret misappropriation that will help American innovators protect their intellectual property from criminal theft by foreign agents and those engaging in economic espionage.”

    • DTSA Moving Forward

      The House Judiciary Committee has taken the next major step toward implementation of the Defend Trade Secrets Act of 2016 (DTSA).

EPO Integrity on the Line: The Story of Željko Topić’s Controversial Diploma – Part IV

Posted in Europe, Patents at 3:38 am by Dr. Roy Schestowitz

Summary: More press reports about the controversial background of EPO Vice-President Topić, which in spite of his letter of response (neglecting to refute key allegations) continued to be published in the Croatian media

IN part one and in part two we looked at accusations that Topić, the Vice-President from the EPO, had forged his degree certificate (some still believe he never completed his degree). In part three presented a letter from Topić himself (bearing the name of SIPO even after he had left SIPO), but that letter said nothing to refute or deny accusations relating to this certificate. This isn’t like somewhat of a “Birther” movement; there are legitimate questions which need to be answered and documents that need to be seen.

“It can’t have been positive for Topić because if it had cleared him then it’s likely that Battistelli would have been the first to trumpet it to the world.”
      –Anonymous“On the 20th of June 2012,” our source told us, “Tjedno.hr published a follow-up article about the controversy surrounding Topić’s disputed claim to have obtained a Master’s degree from the University of Banja Luka. Tjedno.hr published a further article about this matter on 30 March 2013.” (to be covered in part 5 of this series).

“The final outcome of the official enquiry attempting to verify Topić’s academic qualifications which was announced by the Croatian Ministry of Science in March 2012 has never been revealed. It can’t have been positive for Topić because if it had cleared him then it’s likely that Battistelli would have been the first to trumpet it to the world.

“Readers should bear in mind that the Croatian Ministry of Science never conclusively remarked on the matter.”“The only other investigation into the matter was the “internal investigation” carried out at the EPO in 2013 as previously reported by Techrights. Hoping that this information is of some interest.”

Readers should bear in mind that the Croatian Ministry of Science never conclusively remarked on the matter. There is the possibility of political suppression of the findings.

Below is an English translation of the article about it. Original Croatian text can be found here and for the sake of brevity we have added to the English translation some highlights in yellow.

LEAD STORIES

DOES ŽELJKO TOPIĆ HAVE A FAKE MASTER’S DEGREE?

A new scandal concerning the long-time Director of the State Intellectual Property Office

Date: 20 June 2012

Croatian letter

Željko Topić departed from the SIPO at his own request on 30 April 2012 while the Ministry of Science, Education and Sports was in the process of conducting a supervisory investigation into the operations of the State Intellectual Property Office (SIPO) and in the midst of checking whether he has legal documents supporting his claim to have a masters’ degree in economics. His master’s thesis was reportedly defended in Banja Luka. In addition to an increasing number of pending criminal charges against him in Croatia, the story of Mr. Topić’s as yet unverified master’s degree is a special chapter in the murky biography of the long-time SIPO Director.

After his arrival in Zagreb, Željko Topić always claimed to have a postgraduate qualification as a Master of Economic Science and, based on that claimed qualification, he has for many years been drawing legally prescribed salary supplements although, as now seems to be the case, there is no evidence that he has truly earned the right to add this title to his name. After an anonymous letter of denunciation was sent to the Ministry of Science, Education and Sports, the Ministry requested the Faculty of Economics in Banja Luka to send official confirmation concerning the validity of Topić’s postgraduate qualifications but to date the requested information has not been received. The letter of denunciation pointing to the possibility of false claims concerning the master’s studies and the postgraduate diploma is published exclusively as an attachment to this article.

THE RIGHT TO FEES FROM LENDING BOOKS WAS IGNORED

Portal Tjedno has previously written on two separate occasions about numerous questionable actions on the part of Željko Topić. In the context of his various dubious activities it is interesting to note that so far no one appears to have bothered to ask who in the state administration is responsible for the fact that writers in Croatia still do not benefit from the legal right to fees from the public lending of books?

Following the adoption of the Copyright and Related Rights Act 2003, in 2005 the SIPO and its, now former, Director of Željko Topić, produced a document entitled “National Strategy for the Development of the Intellectual Property of the Republic of Croatia 2005-2010″ in which the implementation of the public lending right (PLR) was foreseen for the period 2006-2007. That document was approved by the Croatian Government in October 2005. The SIPO was supposed to coordinate the implementation of the measures set out in the document, including the introduction of the above mentioned PLR, in collaboration with the Croatian Writers’ Association and the Ministry of Culture, which funds libraries including the National and University Library, as well as the central library facility in the Republic of Croatia.

In addition, under the CARDS 2001 project relating to strengthening intellectual property rights in Croatia entitled “Strategy and Action Plan for the Implementation and Realization of Intellectual Property Rights” which was funded by the European Union and completed in 2005, one of the measures planned by the SIPO related to the implementation of the PLR in Croatia: identification and distribution of financial compensation to writers.

Based on the details about the PLR contained in the above documents and the planned schedule for its introduction in Croatia, a proposal was presented at the European and World Congresses on Public Lending Rights in Budapest and Paris in 2007 to organize the next European PLR Congress, i.e. for 2008, in Croatia with the aim of assisting Croatian writers to obtain a faster and better implementation of the new right.

OFFICIAL MERCEDES PURCHASED AT A BARGAIN PRICE

However, despite being designated as the official coordinators for the aforementioned “National Strategy”, the SIPO and its former director Željko Topić completely ignored their obligations in the area of public lending rights and failed to respond in an appropriate manner to the offer of foreign aid. In April 2008, Topić rejected the proposal of the organizers of the PLR Congress on the grounds that Croatia, as the prospective host state, lacked the necessary funds for co-financing the cost of the Congress (i.e. approximately 15,000 EUR). The organizers reacted with disappointment and skepticism to Topić’s rejection and decided to re-direct their offer of co-funding towards Bulgarian writers with the result that in September 2008 the European PLR Congress was held in Sofia, rather than in Croatia as originally planned.

At the same time as he rejected the proposal of the PLR Congress organizers due to an alleged lack of funds, Topić was busy approving the use of six vehicles by the SIPO (a Mercedes, three Audis and two Skodas), three of which were brand new vehicles that mainly served to satisfy his personal vanity. In this connection it is worth noting that the costs incurred for of one of these vehicles over a period of six months would have been sufficient to cover the co-financing of the Congress which was of such significance because of the support that it would have provided to Croatian writers. Topić also financed the costs of a new Audi 6 which was placed at the disposal of the supervisory Minister of Science (who was responsible for proposing the appointment and dismissal of the SIPO Director to the Government) thereby coming under suspicion of having “bought” his second term of office as SIPO Director for some HRK 500,000, a matter which is the subject of proceedings before the European Court of Human Rights in Strasbourg. As for the new Mercedes, Topic saved this for himself (as he was normally driving in the Audi). After three years of leasing payments from the State budget, he became the owner of the aforementioned vehicle in mid-2010 after paying only a nominal price for it.

That last sentence serves to reinforce allegations or rumours that Topić now drives this Mercedes, originally purchased for SIPO. Some say that they saw this vehicle parked in Munich and photos were circulating among EPO employees. This can’t be good for Topić’s (and by extension the EPO’s) credibility, can it? █

04.20.16

Corporate Lobbying for Software Patents in the United States and Against Alice, Against Patent Reform

Posted in Apple, IBM, Law, Microsoft, Patents at 9:09 am by Dr. Roy Schestowitz

Billionaires and their think tanks too get involved

Manny Schecter
IBM pushing for software patents not just via lobbyists like former IBMer, David Kappos (on IBM’s payroll for lobbying now), but also IBM’s Manny Schecter (above). Photo credit: Esteban Minero

Summary: The law surrounding patents in the United States continues to be manipulated or at least lobbied on by large corporations such as IBM and Microsoft, as well as by think tanks such as CATO Institute

THE PAST few weeks were spent looking at the front group led by David Kappos, who is paid by software firms such as IBM, Microsoft, and more recently Apple, which evidently has a lot at stake (it has just settled a patent lawsuit and here are ten of the earliest reports we were able to find about this [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]). Kappos is trying to diminish if not demolish the impact of Alice so that software patents continue to do their damage (recall the lawsuits from Microsoft against Linux, Apple against Android, and IBM against various Internet companies as of late).

“Kappos is trying to diminish if not demolish the impact of Alice so that software patents continue to do their damage (recall the lawsuits from Microsoft against Linux, Apple against Android, and IBM against various Internet companies as of late).”IAM ‘magazine’, a proponent of this Kappos lobbying agenda (openly so), has just said: “As this blog and others have reported, there has been a general increase in patent activity in the auto sector in recent years, which has brought with it a rise in new infringement lawsuits and activity at the Patent Trial and Appeal Board (PTAB). However according to data recently released by Unified Patents, the number of lawsuits in the sector dropped last year, despite a rise in the overall number of new patent cases in the US. There were 126 new cases filed in 2015 involving carmakers and their suppliers. That was down from 154 in 2014 and 160 the year before.”

Drop in litigation is a good thing, unless one runs a litigious company that is suing rivals or threatening rivals in order to extract ‘protection money’ (settlement). Recent statistics suggest that a vast proportion of patent lawsuits are now being filed by patent trolls, who typically use software patents. According to the above, which refers to trolls using common euphemisms, patent trolls “still account for the lion’s share of new cases with 88 suits filed last year.”

“Drop in litigation is a good thing, unless one runs a litigious company that is suing rivals or threatening rivals in order to extract ‘protection money’ (settlement).”One patent propagandist offers support to his buddy at IBM, which is increasingly a patent aggressor/bully. He previously interviewed him. “IBM’s Manny Schecter,” he wrote, “giving keynote @Innography #Insights2016 today @ 11am CT on “What should we do about Alice?” A very good question!”

One approach embraced by Manny (so far) is rather simple; pay David Kappos, a former IBM employee, to lobby the system. It’s sort of weird that the question is, “What should we do about Alice?”

“One approach embraced by Manny (so far) is rather simple; pay David Kappos, a former IBM employee, to lobby the system.”That’s like asking, “what should we do about the Supreme Court?” IBM seems arrogant enough to attack or discredit the highest court via Kappos (IBM).

The same kind of quote comes from this tweet, which says “IBM Chief Patent Counsel @MannySchecter @Innography Insights – What Should We Do About Alice?” (to his pleasure, based on his response).

“Don’t let IBM, Microsoft, Apple etc. effectively buy the law by ‘buying’ former officials like Kappos.”The one good thing about David Kappos, Manny Schecter and various other proponents of software patents (or boosters of IBM’s patent aggression) is that they help demonstrate/highlight how corrupt the patent system is. One conspiring to shape one’s system by lobbying is not illegal, but to put one’s staff in key positions and to pay to change law may be. Don’t let IBM, Microsoft, Apple etc. effectively buy the law by ‘buying’ former officials like Kappos. It’s a mockery of a system that’s supposed to be shaped by public interests. Ask Manny Schecter how much money, other than lots of salaries, IBM has just paid Kappos to legalise/promote software patents in the US. Generally speaking, try to find out who’s paying to change the law and how much. Yesterday we became aware of a ‘Conservative’ (corporatist) think tank of the Koch Brothers (CATO) publishing a paper on patents (spring edition), downplaying the severity of the patent system’s problems [1, 2, 3, 4, 5, 6, 7, 8, 9] to essentially defend patent trolls, which mostly come from (or to) Texas. This paper, based on the feedback, is widely liked by patent lawyers from Texas. █

EPO’s European Inventor Award Still a Subject of Embarrassment, Media Manipulation, Waste of Public Money, and Shameless Self-Promotion

Posted in Europe, Fraud, Patents at 5:42 am by Dr. Roy Schestowitz

The EPO’s VIP ‘inventor’ seems to be nothing but a scam

Theranos and EPO
So proud of Theranos…

Theranos
Oh. Ouch!

Summary: Battistelli’s introduction of a weirdly-covered (by French media partners) ceremony is revisited in light of a truly embarrassing revelation with criminal elements to it

Battistelli is doing a lot of what FIFA’s Blatter was doing in order to distract the media and create a positive image of the organisation. The EPO is supposed to be neutral about patents/applications it deals with, but neutrality was thrown out the window under Battistelli's regime (large corporations receive special treatment).

There is also this thing called “Inventor Award”, which the EPO keeps promoting in Twitter every week or so (sometimes several times per week), neglecting to say anything about corruptible media organisations that play along.

“Here is a new ego trip by President Battistelli,” told us a source this week, taking note of this news about a “scandal”. To quote:

The wheels are coming off the cart at Theranos, the $9 billion startup founded by Stanford dropout Elizabeth Holmes when she was 19. Its proprietary blood testing technology is the subject of a scathing report from the Centers for Medicare and Medicaid Services (CMS), but that’s just the latest in a growing list of woes for the troubled unicorn.

First, the FDA declared the company’s nanotube container for collecting blood from a finger prick to be an unapproved medical device. Then, CMS found serious deficiencies that forced a shutdown of Theranos’ Northern California lab. And while the company’s deal with Safeway never got off the ground, Walgreens is reportedly looking for a way to get out of its agreement.

But the one thing that the secretive Silicon Valley startup has managed to avoid is peer-reviewed, independent testing that compares the results of its proprietary diagnostic testing to that of other labs like Quest Diagnostics and LabCorp. Last week, that changed, and the results were devastating.

What does this have to do with the EPO? Theranos was somewhat of a VIP at the EPO, owing to the whole “Inventor Award” publicity stunt of Battistelli.

“The European Inventor of the year is a huge waste of applicants’ money (over 1 million EUR/exercise),” told us our source, “besides the ethical questions related to the mission of the EPO.”

“Unlike former presidents, Battistelli is no scientist but a well-connected politician from École nationale d’administration.”“It is a mere ego exercise for the sole satisfaction of the pathetic president with some real risks. And now here we are.” (warning: epo.org link)

So, in short, it seems to link Battistelli’s inane “Inventor Award” to potentially fraudulent pseudo-science. Not that Battistelli himself would be able to discern/distinguish between science and pseudo-science. Unlike former presidents, Battistelli is no scientist but a well-connected politician from École nationale d’administration. █

EPO Integrity on the Line: The Story of Željko Topić’s Controversial Diploma – Part III

Posted in Europe, Patents at 5:13 am by Dr. Roy Schestowitz

Web site of SIPO

Summary: Under SIPO’s name, after his departure from SIPO, Željko Topić posted a letter which looks like reactionary ‘damage control’

THE management of the EPO has got skeletons in its closet. It probably knows this, hence the aggression against EPO staff that’s brave enough to speak about it.

In part one and in part two we presented allegations that Željko Topić’s Masters certificate had been forged. There was more than just an anonymous letter about it. There were several investigative reports on this subject, as we shall show in parts four and five of this series. In order to maintain chronology, today we present Topić’s response to the previously-covered items.

“On the 30th of April 2012,” we were told about Topić, he “made a brief trip back to Zagreb to order the publication on the official SIPO Web site of a “press release” which he had drafted himself. It seems that Minister Jovanovic’s efforts to investigate the affairs of the SIPO ran out of steam due to political pressure from the then Croatian President Ivo Josipovic.”

Here is the original Croatian text [PDF], which is basically Topić’s position and here it is in English:

REPUBLIC OF CROATIA
STATE INTELLECTUAL PROPERTY OFFICE

Zagreb, 30 April 2012

PRESS RELEASE

Following a series of articles in the media, among which Jutarnji list and the Internet portal Index.hr have been particularly prominent, and in which arbitrary allegations have been levelled in an outrageous manner against the former Director General of the State Intellectual Property Office, Mr Topić, and against the activities of the Office as an institution, the State Intellectual Property Office is publishing the following press release with the aim of objectively and truthfully informing the public and preventing further misrepresentation by the media.

The so-called “affair” relating to Director General Topić is nothing more than the product of unprofessional journalism which, in its search for a sensational story, publishes incomplete information, unverified information and even complete disinformation, to which a completely arbitrary and tendentious interpretation is applied.

The main source of accusations against the Office and against Mr Topić personally is the unprecedented campaign conducted by Ms Vesna Stilin, who was dismissed from service in the Office at the beginning of 1999 by the then Director due to unauthorised absence from duty for a duration of 34 consecutive days. For over 12 years she has been exerting unrelenting pressure on the competent government and judicial authorities in an attempt to realise her own unfounded ambitions and interests while trying to depict the matter as a struggle against illegal activities of the Office. We emphasise that from 1999 until the present day Ms Stilin has instituted dozens of court proceedings against several directors of the Office, the Office as an institution and the Croatian state in which inter alia she has claimed huge sums of money which are purportedly owed to her by the Office and the Croatian state. Ms Stilin’s arbitrary and malicious allegations concerning irregularities in the Office’s operations have, unfortunately, fallen on fruitful soil created by the current atmosphere of public distrust towards state institutions due to the intensified fight against corruption in recent years. In addition to this, arbitrary allegations by malicious individuals driven by questionable motives are published uncritically as facts by an unprofessional media and without any prior verification or objective analysis.

In the context of this unprecedented campaign by Ms Stilin who, on an almost daily basis for the past 4 years, has been filing various absurd submissions, including criminal charges, against Mr Topić and the Office with government and judicial authorities, a report relating to a budgetary inspection of the Office’s operations conducted in 2008 has been published. The contents of this report have provided the basis for media misrepresentation concerning alleged financial malpractices at the Office.

The aforementioned report has been interpreted in an arbitrary manner, without any appreciation of its contents and context, which we now elaborate upon with the aim of clarifying this matter.

Due to the monopolistic nature of intellectual property rights and the complex procedures for their protection, and in accordance with generally accepted global standards, it has been prescribed that not only the usual state duties are to be paid in connection with these procedures, but, additionally, fees for granting and maintaining the validity of these rights.

In many countries, pursuant to the terms of international intellectual property agreements which in principle stipulate that the income from procedural fees for the granting and maintenance of such rights be used for the further development of the intellectual property protection system, this income is classified as the “proprietary revenue” of the competent intellectual property office. Such a practice also existed in Croatia from 1991, when the Office was established, until 2007, when the process of establishing the state treasury and the associated systematic regulation of revenue and expenditure in the central government budget led to a reinterpretation of the concept of “proprietary revenue” of government bodies. In other words, prior to 2007 the revenue from fees for intellectual property rights granting and maintenance procedures falling under the Office’s responsibility was remitted to a special sub-account of the government budget, from which the Office settled a part of its operating costs directly while unspent funds accumulated in the same sub-account and were visible in the prescribed financial reports of the Office.

That such operations were in conformity with the law is confirmed by an audit report from 2004 in which they were not called into question in any way whatsoever. However, according to the interpretation of the aforementioned budgetary inspection from 2008, the changes that had taken place in the meantime in relation to the definition of “proprietary revenue” of government bodies and in the context of the overall process of introducing a regulated government accounting system, resulted in a situation in which the Office’s revenue from fees for procedures for granting and maintaining the validity of intellectual property rights was henceforth to be considered as part of the general revenue of the central government budget. At this point it was requested that the funds which had hitherto been accumulated in the so-called “proprietary revenue” sub-account of the Office should be transferred into the central government budget account and that the planned expenditure from the central government budget for the operating costs of the Office be increased by a corresponding amount. The Office subsequently complied with this request. However, despite the detection of certain accounting irregularities in relation to the consistent management of expenditure between the so-called “proprietary revenue” sub-account and the central government budget account, the disputed budgetary inspection did not reveal any actual misuse of the financial resources.

The Office wishes to point out that the media reports concerning this matter and the allegations made by Ms Stilin systematically omit to mention that all detected irregularities were subsequently resolved and clarified, and that the competent authorities which had the disputed budgetary inspection report at their disposal evidently did not consider the established irregularities to merit further investigation. In every detailed audit of the operations of any legal entity a certain number of irregularities are almost always detected and the competent authorities subsequently undertake corrective measures depending on the objective gravity of the detected irregularities. It is emphasised that 8 identical copies of the disputed budgetary inspection report were compiled and submitted to the competent authorities in accordance with the applicable regulations on budgetary inspection.

The Office also wishes to draw attention to the misrepresentation concerning a “multi-million amount of fees” which the Director General allegedly paid out to himself and his “cronies”. The sum referred to corresponds to approximately 10% of the total amount that was paid out for the regular services of the Office employees over the same period, and it relates to payments made on various grounds to 42 of a total of 104 employees of the Office, including several months of full-time contract employment for a few individuals. It has also been omitted to explain that the only fee which was paid out to Mr Topić was for professional services on the examination committee for certified representatives in proceedings conducted by the Office and which was transparently and legally regulated and paid out in the same manner to all members of the examination committee. With regard to allegations about the fees for the committee members not being fully covered by the examination fees paid by applicants, we would like to point out that prior to the Decision of the Government of the Republic of Croatia in 2011 abolishing compensation due to civil servants for membership of expert committees, such fees paid to civil servants for services provided to expert committees in numerous state administration bodies were paid in full from the central government budget account, and that subsequent to the disputed budgetary inspection the Office aligned the examination fees with the level of compensation due to the examination board. The Office would also like to emphasise that in accordance with the results of the Feasibility Study on the Restructuring of the Office into a Self-Financing Organisation, which was carried out by independent experts, it was determined that the central government budget revenues arising from fees for the granting and maintenance procedures for intellectual property rights which were a direct result of the operations of the Office in 2007 and 2008 exceeded the total operating expenditure of the Office by approximately 800,000 HRK.

Concerning the fabricated “affair” about the allegedly illegal procurement of an official Mercedes vehicle and its “concealment” in the Office archives, all unfounded allegations based on malicious anonymous submissions by staff members were publicly refuted by the Office with counter-arguments immediately after their initial publication in 2009, a detail which the media now writing about this matter systematically omits to mention. They also fail to refer to a clear and unambiguous statement in the report of an administrative inspection conducted by the Ministry of Science, Education and Sports according to which it was established that there had been no irregularities in the procurement and usage of official vehicles at the Office.

With regard to the aforementioned criminal charges filed against the Director General of the Office, a key fact has been omitted: criminal charges can be filed by anyone, regardless of the merits of the case and the competent authorities are obliged to start investigative proceedings in relation to any criminal charges filed, no matter how unfounded they may prove to be after the investigation has been carried out. With regard to the specific criminal charges referred to here, the Office wishes to draw particular attention to the following facts.

The criminal charges brought by the employee Zdenko Haluza for the alleged forgery of an official document by Mr Topić are based on the date of entry into force of the Regulations on the Internal Organisation of the Office, which was incorrectly stated in the Decision concerning the transfer of Mr Haluza from an abolished position to a new position at the same level of competence and with identical associated rights. Mr Haluza has been trying to challenge the aforementioned transfer without success since 2008 and he refuses to carry out the duties associated with the new position to which he was transferred. After the legality of this transfer and the irrelevance in this regard of the incorrectly stated date were confirmed, Mr Haluza had exhausted the available means of redress in his proceedings against the Decision of the Office and he therefore resorted to the malicious filing of a criminal lawsuit for the forgery of an official document as the only remaining way of challenging the transfer. In the meantime, this lawsuit has been dismissed by the State Attorney’s Office. However, under the Croatian Criminal Code, a plaintiff can pursue the proceedings as a private plaintiff after the claim has been dismissed by the State Attorney’s Office, which is what Mr Haluza has done. In view of the evident absurdity of the criminal charges, it is more than certain that the outcome of the aforementioned proceedings will be in Mr Topić’s favour.

The second criminal charge against Mr Topić “by the employees of the Office” is the one filed by Ms Stilin as a private plaintiff which relates to the allegedly defamatory content of one of several proposals made by Mr Topić to relieve Ms Stilin of her duties as an Assistant Director. The alleged libel relates to a memorandum explaining the unsatisfactory performance of the duties of Assistant Director on the part of Ms Stilin due to which her dismissal from these duties was proposed. The media articles have systematically omitted mention of the fact, which Ms Stilin has confirmed in her public statements, that in the court proceedings in this criminal case Mr Topić has already been acquitted twice on the basis of two non-binding decisions, [i.e. first instance decisions that are not finally binding]. Based on previous experience it is certain that Ms Stilin will continue these proceedings until she has exhausted all available legal means, and thereafter by using other forms of pressure.

The third criminal charge is the one filed by Mr Frgačić in the so-called “Lufthansa-Affair”. The Office emphasises that it conducts more than 10,000 procedures a year in connection with requests to grant intellectual property rights, a significant part of which are terminated by a decision not to grant the requested right because the prescribed requirements have not been met. There thus exists the inherent possibility that an applicant will be dissatisfied with the decision of the Office no matter how well supported by arguments and based on law it was. The character of the dissatisfied party will determine which legal remedies they rely on to pursue their interests and this does not exclude filing arbitrary criminal charges and making accusations about the alleged corruption of officials.

It is also known to the Office that the obligatory investigative actions are being conducted as prescribed in relation to criminal charges the content of which makes it evident that they are based on malicious accusations originating from the habitual arsenal employed by Ms Stilin in the daily submissions with which she exerts pressure on the government and judicial authorities.

With regard to the so-called ZAMP Affair (Protection of Music Copyright), the Office has already issued a press release and on this occasion emphasises once again that all allegations of irregularities concerning the collective management of these rights are completely unfounded and that this has been recognised in the meantime by a good part of the objectively-minded public.

From the fact that Mr Topić is portrayed by the media in turns either as a confidant of President Josipović or as “Sanader’s apparatchik”, the absurdity of all speculation about his appointment as Director General being due to some kind of political patronage becomes apparent.

Apart from a year-long break when he worked in the private sector, Mr Topic held various professional and managerial functions in the Office more or less from the time of its establishment until he left the position of Director General to take up his appointment as Vice-President of the European Patent Office. It is evident from this that he was appointed as Director General based solely on professional rather than political considerations. The only person who has invoked party membership in an attempt to secure her own interests has been Ms Stilin who in her numerous absurd accusations against Mr Topić stated inter alia that her dismissal was a consequence of his discrimination against her because of her membership of HDZ.

Mr Topić’s selection as a Vice-President of the European Patent Office has also been the subject of outrageous misrepresentation by the media. The aforementioned position is awarded solely on merit and it is not a political appointment. Moreover, Mr Topić obtained the position on the basis of a publicly advertised competition for which he applied along with three other candidates. Mr Topić was chosen following the presentation of his candidacy to the Administrative Council of the European Patent Organisation, of which the European Patent Office is the executive organ, and after he had received the votes of a majority of the representatives of the 38 member states during the first round of secret voting on the four candidates, and it was not due to any kind of political lobbying by Croatian diplomacy.

In conclusion, the Office wishes to express its grave concern about the fact that such extremely unprofessional media manipulation based on malicious accusations from a small number of people obviously driven by questionable motives can cause the reputation of a state institution and its Director to be called into question in such an outrageous manner, despite the notable results achieved by the Office and its professional reputation in the relevant national and international professional circles, which is incontrovertibly confirmed by the official reports of the European Commission, the international awards presented to Mr Topić and his appointment to a high executive function at the European Patent Office based inter alia upon the results achieved during his many years as the head of the Office. We particularly regret that the competent institutions have also succumbed to this unprecedented pressure and have subordinated their actions to individual interests rather than objective reasoning based on relevant facts.

REPUBLIC OF CROATIA
STATE INTELLECTUAL PROPERTY OFFICE
Ulica grada Vukovara 78, HR-10000 Zagreb, Croatia: Tel.: (+385 1) 6106-100 (Director),
6106-418 (Receiving Office), 6106-111, 6106-105 (Staff) Fax: (+385 1) 6112-017; E-mail: info@dziv.hr

It is worth noting that the above does not at all address the accusations about faked academic qualifications, which thus continued to float as a subject of concern (future parts shall cover this). Stilin was sued by Topić for defamation, but Topić repeatedly lost the case. One may thus get the impression that what Stilin had alleged was true or at least defensive by evidence. █

Links 20/4/2016: Wine-Staging 1.9.8, Intel Layoffs

Posted in News Roundup at 4:53 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Google Updates TensorFlow Open Source Machine Learning Platform

    Google’s TensorFlow is an open source software library for numerical computation using data flow graphs. The architecture provides the ability to deploy computation to one or more CPUs or GPUs in a desktop, server, or mobile device with a single API.

  • Capital One open sources Cloud Custodian AWS resource management tool

    Last July it started developing the tool that would become Cloud Custodian and today it announced at an AWS event in Chicago that it was making that tool available as open source on GitHub.

  • SaaS/Back End

    • Mirantis and Supermicro to Deliver OpenStack Appliances

      Now, Mirantis has partnered with Supermicro, which focuses on server, storage, and green computing solutions,to deliver the Supermicro Mirantis Unlocked Appliance for Cloud Native Applications — billed as “a turnkey, rack-based appliance featuring Mirantis OpenStack, giving Supermicro customers an immediate onramp to agile development of cloud-native applications and container-based services in production.”

  • Databases

    • Firebird 3.0 is released

      Firebird Project is happy to announce general availability of Firebird 3.0 — the latest major release of the Firebird relational database.

      The primary goals for Firebird 3.0 were to unify the server architecture and to improve support for SMP and multiple-core hardware platforms. Parallel objectives were to improve threading of engine processes and the options for sharing page cache across thread and connection boundaries.

    • Weekly phpMyAdmin contributions 2016-W15

      One big area was charsets and collations, which were cached in the session data so far. This had bad effect of making the session data quite huge leading to performance loss on every page, while the cached information is needed only on few pages. I’ve removed this caching, cleaned up the code and everything seems to be behave faster, even the pages which used cached content in the past.

  • Oracle/Java/LibreOffice

    • Oracle Updates VirtualBox 5.0.18

      Full-disclosure I’m both a fan and an everyday user of VirtualBox and have been for many years. Simply put, as an easy-to-use desktop virtualization tool, it works without much hassle, setup or prior knowledge.

  • Pseudo-Open Source (Openwashing)

  • BSD

  • Public Services/Government

    • France improves fiscal transparency by opening tax calculator

      The fiscal calculator is used by the French fiscal authority to calculate the income tax of individuals. It is now freely accessible on GitHub and on the OpenFisca forum. OpenFisca is a social and fiscal simulator and its team is in charge of supporting the calculator.

  • Openness/Sharing/Collaboration

    • Open Hardware/Modding

      • The Sincerest Form of Flattery: Cloning Open-Source Hardware

        We’re great proponents (and beneficiaries) of open-source hardware here at Hackaday. It’s impossible to overstate the impact that the free sharing of ideas has had on the hacker hardware scene. Plus, if you folks didn’t write up the cool projects that you’re making, we wouldn’t have nearly as much to write about.

  • Programming/Development

    • The Operating System is the Target

      Abstracting the OS away isn’t inherently bad. Writing a program to run across multiple OS’s will need to unify the semantics of each system somehow. But making more use of the OS where appropriate can simplify a program while making it more robust and debuggable. OS’s already provide a wide range of tools to inspect what they are doing and by using the OS you get that introspection for free. Maybe next time you see yourself writing a service or tool, take a moment and see where the OS might be able to help you solve it.

    • Learn Git and GitHub Through Videos

      These days, GitHub is pretty much the warehouse district where nearly all open source projects are stored and maintained. There are some tricks to navigating the site, which can easily be mastered by watching tutorial videos.

    • 11 resources for teaching and learning Python

      If you’re looking to teach, tutor, or mentor beginning programmers, you’ve got your work cut out for you. Different learning styles, varying levels of knowledge, and a subject area that’s a moving target all conspire to see you run ragged as an instructor. Luckily, there is help available—lots of help. It comes in the form of open source textbooks, tools, and even games—all created to make being a teacher (and a learner) easier than ever before.

Leftovers

  • Optometrists Push For State Laws Blocking Online Eye Exams

    Billing itself as a sort of Uber-for-eye-exams, telemedicine startup Opternative recently came on the scene offering a quick, inexpensive alternative to traditional optical exams that uses your computer and smartphone. Following a 25-minute online exam, an ophthalmologist will approve your results and issue a prescription for a cost of $40. No doctor visit is required.

  • Sevens Marry Sevens: Is Online Dating Making Mixed-Attractiveness Couples More Rare?

    And with the trend in dating being a shorter time between meeting someone and dating them, with dating sites and apps playing a key role in this shift, matching people based on physical desirability because that’s how it tends to work outside of dating sites becomes something of a self-fulfilling prophecy. The algorithms will reinforce this by trimming people’s pool of candidates to their own desirability class, and we might see the end of mixed-attractiveness couples generally speaking.

    Is that a bad thing? I don’t know. I’m married and never did any online dating at all, so I have zero experience with it. I do know that if I were a user of any of these sites, I would feel potentially cheated out of meeting great candidates because the algorithm thought I was too attractive or ugly to meet them. But that ultimately doesn’t matter, as the trends show that online dating isn’t going anywhere, so we might just all have to get used to seeing synced up couples from a physical standpoint.

  • Science

    • We Asked Some Experts to Score Justin Trudeau’s Explanation of Quantum Computing

      Although Trudeau was at the Institute to announce $50 million in funding which will allow those working at Perimeter to continue their work on fundamental physics, he took the time to breakdown the essence of quantum computing for a clueless journalist…

      [...]

      While most applauded Trudeau’s remarkably “clear and concise” explanation of quantum computing, others deemed his description as totally off the mark.

  • Hardware

    • Intel to cut 12,000 jobs from global operations

      US tech giant Intel is shedding 12,000 jobs as it seeks to cut reliance on the declining personal computer market.

      The maker of computer chips will take a $1.2bn charge to cover restructuring costs.

      The job cuts, about 11% of Intel’s workforce, will be made over the next 12 months, Intel said in a statement.

    • Intel Confirms Major Layoff, 11 percent of Employees To Go

      Intel Corp. today announced that it would cut some 12,000 jobs—that’s 11 percent of its total workforce—by mid-2017, with the majority of those affected getting the bad news within the next two months.

      In a press release, the company said the “restructuring initiative” would “accelerate its evolution from a PC company to one that powers the cloud and the billions of smart, connected computing devices,” and that the compnay would be increasing its investments in “data center, IoT, memory, and connectivity businesses.”

  • Health/Nutrition

    • From the US to Indonesia, why do we perpetuate the ‘war on drugs’?

      The Indonesian president, Joko Widodo, decided to declare a state of emergency in relation to drugs. And one key measure he would take in response to this emergency was to execute everyone on death row for drug offences. So Indonesia proceeded to execute 14 people last year. They’ve recently made statements that they wish to continue with more executions. Some analysts say that this is part of a political strategy. That he was seen as someone who was not a tough man, who did not have strong standing or the confidence of party members. And so he decided to take this stance to show that he could be tough.

      It’s political convenience, it’s political gain, that governments choose to perpetuate and stay on this path.

    • Teflon Toxin Contamination Has Spread Throughout the World

      IN RECENT MONTHS, PFOA, the perfluorinated chemical formerly used to make Teflon, has been making news again. Also known as C8, because of its eight-carbon molecule, PFOA has been found in drinking water in Hoosick Falls, New York; Bennington, Vermont; Flint, Michigan; and Warrington, Pennsylvania, among many other places across the United States. Although the chemical was developed and long manufactured in the United States, it’s not just an American problem. PFOA has spread throughout the world.

      As in the U.S., PFOA has leached into the water near factories in Dordrecht, Holland, and Shimizu, Japan, both of which were built and operated for many years by DuPont. Last year, the Shimizu facility and part of the Dordrecht plant became the property of DuPont’s spinoff company, Chemours. Just as it did in both New Jersey and West Virginia, DuPont tracked the PFOA levels in its workers’ blood in Holland and Japan for years, according to EPA filings and internal company documents. Many of the blood levels were high, some extremely so. In one case, in Shimizu in 2008, a worker had a blood level of 8,370 parts per billion (ppb). In Dordrecht in 2005, another worker was recorded with 11,387 ppb. The national average in the U.S., in 2004, was about 5 ppb.

    • Drop in dementia rates suggests disease can be prevented, researchers say

      Dementia rates in the UK have fallen by a fifth over the past 20 years despite the population ageing, scientists say.

      With changes in lifestyle and education over the last two decades thought to be among the factors responsible for the drop, the researchers believe the study highlights the benefits of taking preventative action. “Physical health and brain health are clearly highly linked,” said Carol Brayne of Cambridge University who co-authored the study.

      Nick Fox, Professor of Neurology at University College, London who was not involved in the study, agrees. “This does suggest that our risk, in any particular age in later life, can be reduced probably by what we do ten, twenty or thirty years before.”

    • NHS spends millions picking up bill after patients suffer botched treatment in private hospitals

      Thousands of patients are having to be admitted to NHS hospitals after suffering botched treatment in private hospitals.

      Private hospitals ‘are often not equipped to deal with complications from surgery’, a damning report warns.

      As many as 6,000 patients a year need NHS care after bungled treatment at a non-NHS hospital.

      Almost half of them – around 2,500 – are ‘emergency’ cases who have to be rushed to the nearest NHS hospital.

      The problem is feared to cost taxpayers millions of pounds. Last night a senior doctor branded it a ‘national scandal’.

  • Security

  • Defence/Aggression

    • Bernie Sanders backs bill that would let Americans sue Saudi Arabia over 9/11 terror attacks

      Bernie Sanders has backed legislation that would let Americans sue Saudi Arabia over the 9/11 terrorist attacks.

      The bill is opposed by the Obama administration, but it is important to victims’ families, some of whom believe Saudi officials played some part in the attacks.

      The Democratic presidential candidate spoke in favour of the legislation on NBC’s “Today Show” ahead of the New York presidential primary.

      He said it was important to have a full understanding of the “the possible role of the Saudi government in 9/11.”

    • Saudi Arabia’s Alleged 9/11 Connection Just One of Many Reasons the U.S. Ally is a Problem

      Lawmakers from both parties, including Sen. Kirsten Gillibrand (D-NY) and Sen. Rand Paul (R-Ky.) have introduced legislation that would require the declassification of the 28 pages, and Congress is considering a bill that would allow terror victims’ families to sue the Saudi government for “contribut(ing) material support or resources” to “acts of terrorism.” The bill essentially removes the immunity currently enjoyed by officials of foreign governments from being held liable in US courts.

      The Saudi government has threatened to divest itself of up to $750 billion in American assets if the bill passes, and the Obama administration is currently lobbying Congress to not pass the bill, citing economic and diplomatic concerns as well as potential reciprocity against US officials and citizens.

    • Obama Went From Condemning Saudis for Abuses to Arming Them to the Teeth

      Thirteen years later, Obama is making his fourth trip to Riyadh, having presided over record-breaking U.S. arms sales to Saudi Arabia while offering only muted criticism of the kingdom’s human rights violations.

      And don’t expect the president to speak up while he’s there. Obama last traveled to Saudi Arabia in January 2015, cutting short his trip to India after the passing of the former Saudi king, Abdullah ibn-Abdulaziz al-Saud. During that visit, Obama was criticized for not speaking out against the flogging of prominent Saudi blogger and dissident Raif Badawi. In 2014, Badawi was sentenced to 10 years in prison and 1,000 lashes for “insulting Islam” and “going beyond the realm of obedience,” with the first flogging session taking place weeks before Obama arrived.

      In January, after a record-setting year for Saudi beheadings, Saudi authorities set off protests by executing Shia cleric and regime critic Nimr al-Nimr. U.S. response was muted. The State Department merely said the execution “risks exacerbating sectarian tensions at a time when they urgently need to be reduced” – and then fell silent on the repression of the following protests.

    • Night-vision goggle case cause of plane crash that killed 14, Air Force says

      A solid plastic case designed to hold a set of night-vision goggles was ultimately responsible for causing the crash of an Air Force transport plane that killed 14 people in October, the Air Force announced in a statement last week.

      [...]

      The Taliban quickly claimed responsibility for the crash, saying it shot down the aircraft.

    • Voices of Reason vs. the Doomsday Lobby

      In 2010, three high-ranking military officials including Air Force Colonel B. Chance Saltzman, Chief of the US Air Force’s Strategic Plans and Policy Division who had worked directly for the Secretary of the Air Force, published a major policy paper suggesting that the US should unilaterally cut its nuclear arsenal by more than 90 percent. The paper argued, “…the United States could address military utility concerns with only 311 nuclear weapons in its nuclear force structure….” With about 1,300 warheads on Trident submarines, another 500 or so on heavy bombers like B-52s or B2s, 180 on fighter-bombers in Europe and the last 450 on top of the Minuteman rockets, cutting to 311 would clearly mean the ICBMs would go the way of the Berlin Wall (since the favored war-fighting nukes are on submarines which can be kept secret from the American public and everybody else).

  • Transparency/Investigative Reporting

  • Environment/Energy/Wildlife/Nature

    • American Geophysical Union Sells Its Scientific Integrity For $35,000 In ExxonMobil Money

      Apparently you can buy the scientific integrity of the entire American Geophysical Union (AGU) for $35,000. Well, maybe you can’t, but oil giant ExxonMobil can.

      In February, 100 AGU members and other earth and climate scientists wrote an open letter to the board of 62,000-member group urging it to stop taking sponsorship money form ExxonMobil. The scientists urged the AGU to live up to its 2015 board-approved policy that says AGU will only partner with (i.e. take more than $5,000 from) organizations that meet “the highest standards of scientific integrity, that do not harm AGU’s brand and reputation, and that share a vested interest in and commitment to advancing and communicating science and its power to ensure a sustainable future.”

    • New Leak at Hanford Nuclear Waste Site is ‘Catastrophic,’ Worker Warns

      A leak at the Hanford nuclear site in Washington state has prompted warnings of “catastrophic” consequences, as workers attempt to clean up more than eight inches of toxic waste from one of 28 underground tanks holding radioactive materials leftover from plutonium production.

    • U.S. Greenhouse Gas Emissions Climbed For the Second Straight Year

      Over the last decade, the United States embraced energy efficiency and higher fuel economy standards, causing almost double-digit declines in U.S. greenhouse gas emissions. But since the last drop in 2012, that trend has gone in the opposite direction for the second time in a row, according to the Environmental Protection Agency’s annual Greenhouse Gas Inventory Report, which tracks emissions across the entire country.

    • We must remain in the EU to protect our environment

      Environmental problems don’t queue politely waiting for their passports to be checked.

    • Hillary Clinton’s Fossil Fuel Financiers

      Hillary Clinton’s campaign for the presidency of the United States is powered by a lot of fossil fuel money. How can this be, when nearly all of the industry’s contributions are going to Republicans? For one, the oil and gas giants are very, very wealthy, so just a small Democratic leak from the pipeline adds up quickly. Moreover, Clinton has a lot of support from the nation’s corporate lobbyists, many of whom represent fossil fuel companies. Finally, Clinton’s wealthy backers come primarily from the world of finance—hedge-fund billionaires, investment bankers, and Wall Street executives.

    • President Obama Wants to Protect Wildlife From Cruel Killing Methods, but Trophy Hunters Aren’t Happy About It

      The strong public support for the changes is a strong signal that unsporting practices like baiting of brown bears is scientifically flawed and no longer acceptable to the majority of Americans whose tax dollars support public lands. Bear baiting involves intensive feeding of bears, typically weeks in advance of hunting seasons, so that the animals become accustomed to feeding in a certain area and then become easy targets for trophy hunters waiting nearby in blinds. Bait usually consists of donuts, candy, grease, rotting garbage, corn, fish, meat and other high-calorie foods, which can be toxic and even fatal to bears and other wildlife. Chocolate and caffeine are and can be lethal even for bears who are not later killed by hunters.

    • US and China lead push to bring Paris climate deal into force early

      The US and China are leading a push to bring the Paris climate accord into force much faster than even the most optimistic projections – aided by a typographical glitch in the text of the agreement.

      More than 150 governments, including 40 heads of state, are expected at a symbolic signing ceremony for the agreement at the United Nations on 22 April, which is Earth Day.

    • Global Warming and the Planetary Boundary

      Climate change is on a fast track, a surprisingly fast, very fast track. As such, it’s entirely possible that humanity may be facing the shock of a lifetime, caught off-guard, blindsided by a crumbling ecosystem, spawning tens of thousands of ISIS-like fighters formed into competing gangs struggling for survival.

    • Hillary Clinton’s Fossil Fuel Financiers

      Hillary Clinton’s campaign for the presidency of the United States is powered by a lot of fossil fuel money. How can this be, when nearly all of the industry’s contributions are going to Republicans? For one, the oil and gas giants are very, very wealthy, so just a small Democratic leak from the pipeline adds up quickly. Moreover, Clinton has a lot of support from the nation’s corporate lobbyists, many of whom represent fossil fuel companies. Finally, Clinton’s wealthy backers come primarily from the world of finance—hedge-fund billionaires, investment bankers, and Wall Street executives.

    • Indonesia Is Still Burning

      The orange-furred toddler survived one of the most destructive wildfires on record, but with a plastic tube leashing her neck to the porch of a small hut, she hardly appears to have found salvation. A villager, Kasuan, who like many Indonesians goes by one name, found the orangutan cowering from wild dogs last fall, perched in one of the surviving oil palm trees in a scorched plantation near the burned forest that had been her home. The rest of her family, Kasuan tells me, perished in the epic forest fires that overtook Kalimantan, the Indonesian portion of Borneo, as woodlands were burned to make room for plantations that harvest palm oil, a $50 billion business. The ubiquitous ingredient is used in half of the packaged food and cosmetic products found on supermarket shelves, from Oreo cookies to Colgate toothpaste. At least nine of the highly endangered primates died during last year’s conflagrations. Three weeks before I arrive in March, three more orangutans, all of them female and one of them a baby, burned to death when the annual fires ignited months early.

      “If we didn’t rescue the orangutan from the haze and the fires, it would die like the others,” Erni, Kasuan’s wife, says. When the ape, which they named Sumbing, wasn’t tied to the post, Erni carried her like one of her own children. “I hope I can look after it and keep it healthy.”

      But the couple has no idea how to care for her when she grows into an adult weighing well over 100 pounds, if the animal survives that long. Compared with wild orangutans I’ve photographed, Sumbing’s hair and limbs look thin, and she seems frightened and depressed. She snaps at me when I first arrive but calms down when I pat her, and eventually she takes my hand for a moment. “I hope there are some authorities that will come to take care of the orangutan,” Kasuan says, contradicting his wife’s hopes, “because we can’t feed it what it needs.”

  • Finance

    • Investor-State dispute settlement undermines rule of law and democracy, UN expert tells Council of Europe

      Today before the Parliamentary Assembly of the Council of Europe, UN expert Alfred de Zayas explained why the investor-State dispute settlement (ISDS) mechanisms contained in trade agreements are incompatible with democracy, the rule of law and human rights.

      “Existing ISDS should be phased out and no new investment treaty should contain any provision for privatized or semi-privatized dispute settlement. It is wholly unnecessary in countries that are party to the International Covenant on Civil and Political Rights, which commits States to due process and the rule of law,” said Mr. de Zayas.*

    • No, Bernie’s Taxes Don’t Show That He’s a Hypocrite

      Tax laws are tax laws, and there’s nothing hypocritical about following them even if you disagree with them. Just the opposite, in fact. It speaks well of Sanders that he supports changes that would hurt him personally. It’s a helluva lot more than Republicans ever do.

    • Robert Reich: Why Is Everyone Ignoring One of Sanders’ Most Important Proposals?

      Bernie’s idea to tax financial speculation is right on the money, and not even radical. What gives?

    • Is ISDS dead? No, multi-million lawsuits still on the horizon

      When put to the test, the Investment Court System, proposed by the Commission to replace the ill-fated Investor State Dispute Settlement mechanism (ISDS), fails to protect the right to regulate, write Cecilia Olivet and Natacha Cingotti.

      Cecilia Olivet is a researcher on trade and investment at the Transnational Institute and Natacha Cingotti is a trade campaigner for Friends of the Earth Europe.

      In just a few days, the European Union will go back to the negotiating table with the United States in an attempt to salvage the small possibilities to complete a transatlantic trade and investment deal (TTIP) before President Obama leaves office.

      During the 13th round of TTIP negotiations in New York next week, a key issue will be the controversial subject of how to resolve investment disputes.

    • Australian Case Shows Why Corporate Sovereignty Isn’t Needed In TPP — Or In Any Trade Agreement

      One of central claims made by supporters of corporate sovereignty chapters in trade deals is that companies “need” this ability to sue the government in special tribunals. The argument is that if the extra-judicial investor-state dispute settlement (ISDS) framework is not available to a company, it will be defenseless when confronted with a bullying government. A new case in Australia shows why that’s not true.

    • France threatens halt to TTIP talks barring progress in coming months

  • AstroTurf/Lobbying/Politics

    • Why Don’t the Candidates Talk About Afghanistan?

      Perhaps at some point the media, the voters, or the next debate moderators might inquire of the candidates what their current thoughts are.

    • 6 Policies Obama wants Saudi Arabia to Change

      He has also blamed Saudi Arabia for spreading around its intolerant, Wahhabi version of Islam, a very minority version of the religion that is puritanical and dislikes outsiders. (Probably only 40% of Saudis are Wahhabis, hence maybe 9 million of the kingdom’s 22 million citizens. There aren’t really any Wahhabis elsewhere outside Qatar and Sharjah, though millions of people have become Salafis, i.e. Sunnis who come close to Wahhabism but don’t want to leave their Sunni traditions entirely. So there are 1.5 billion Muslims, and most of them are not Puritanical or xenophobic and most of them are fine with women driving and disapprove of the full face veil (a lot of Muslim women don’t cover their heads at all). But it should also be noted that there is no statistical relationship between Wahhabism and extremism (most Wahhabis are not extremists andy more than most Shiites or Sunnis are).

    • Bernie Sanders Can Win Over Conservatives

      Now consider Clinton. Even among liberals her name is synonymous with Wall Street, and Wall Street is not synonymous with optimism for the future. The FBI continues to investigate her conduct at the State Department, and her family’s multi-billion-dollar philanthropic network means she’s conspicuously entangled with the world’s glittering, begrudged oligarchy. Do you believe her campaign is positioned to overcome the conservative distrust that a right-wing attack machine captained by Trump, Ted Cruz or John Kasich will relentlessly inflame among the masses? Now combine your answer with polls that suggest one-third of Sanders’ spirited supporters would neither vote for nor support Clinton in the general election and those that show her trailing him against Republicans nationally by as many as eight points.

    • Bernie Sanders’ Camp Complains to DNC Over Hillary Clinton’s Fundraising

      The line between legal and illegal presidential fundraising has gotten murkier in our post-Citizens United world. The Bernie Sanders camp believes Hillary Clinton and the Democratic National Committee may have crossed it.

      On Monday, Bernie 2016 expressed its concerns in a letter to DNC Chair Debbie Wasserman Schultz. The letter claims that the Hillary Victory Fund—the joint fundraising committee created by the DNC and Hillary for America (HFA)—is violating campaign finance rules.

    • Breaking Up With the Corporate Duopoly of Democracy

      In recent years, waves of whistleblowers have emerged, exposing the unprecedented scale of government and institutional corruption. From Chelsea Manning to Edward Snowden, their courage and conscience not only revealed a system virtually devoid of morality, but it unmasked some of the operators of its machinery; those who act remorselessly without any regard for others.

      This callous and conniving sector of society has a name. They are psychopaths. Psychopathy expert Robert D. Hare called them “social predators”. Social worker Steve Becker depicted them as “exploitative-consciously violating individuals”. He described how a psychopath possesses an extreme sense of entitlement; an attitude of getting whatever he wants, and in his pursuit, others are simply an object that exist mainly “to satisfy his gratifications”.

    • Millions of New Yorkers Disenfranchised from Primaries Thanks to State’s Restrictive Voting Laws

      Voters head to the polls today in New York for both the Democratic and Republican primary in one of the most closely watched races of the election. But millions of New Yorkers won’t be able to vote, thanks to the state’s restrictive voting laws.

      The state has no early voting, no Election Day registration, and excuse-only absentee balloting. The voter registration deadline for the primary closed 25 days ago, before any candidate had even campaigned in New York. Meanwhile, independent or unaffiliated voters had to change their party registrations back in October—over 190 days ago—to vote in today’s closed Democratic or Republican primaries.

      Meanwhile, WNYC is reporting there are 60,000 fewer registered Democrats in Brooklyn and no clear reason why. This comes as a group of New Yorkers who saw their party affiliations mysteriously switched filed a lawsuit seeking to open the state’s closed primary so that they can cast a ballot. We speak to The Nation’s Ari Berman, author of “Give Us the Ballot: The Modern Struggle for Voting Rights in America.”

    • New Yorkers File Emergency Lawsuit To Give Voting Rights Back To 3.2 Million People

      With less than 24 hours until the presidential primary, a group of New Yorkers who saw their party affiliations mysteriously switched are filing a lawsuit Monday seeking to open the state’s closed primary so that they can cast a ballot.

      New York has the earliest change-of-party deadline in the country — registered independent voters who wanted to participate in Tuesday’s presidential primary had to change their party by last October. Many voters missed that deadline — or thought they met it, only to have paperwork get lost in the mail — and are disenfranchised as a result.

    • Trump, Clinton take New York, move closer to presidential nomination

      The voting in New York was marred by irregularities, including more than 125,000 people missing from New York City voter rolls. The city has roughly 4 million voters considered active for the primaries.

    • Clinton and Trump in a Landslide Victory in the New York State Primary

      Not only did it pit Clinton, its former U.S. senator, against Brooklyn-born Sanders, but both candidates aggressively parried. Sanders went after Wall Street and Clinton’s ties to financiers, held events where he reached out to other key constituencies (such as Puerto Ricans concerned about the island’s debt and striking Verizon telecom workers) and held rallies attended by tens of thousands of backers.

    • A Look at the Presidential Candidates’ Tax Returns

      Monday was the deadline for filing federal tax returns. The presidential candidates are also making tax-related headlines, as four of the five have already released their 2014 tax returns to the public. The takeaways? Bernie Sanders (who has made headlines for his low income compared to the rest of the 2016 candidates) pays the least, thanks to significant deductions. The Clintons, on the other hand, pay a 35.7 percent tax rate (compared to the average national rate of 14.7 percent).

    • After New York Win, Clinton Campaign Says Sanders’ Attacks Help Republicans

      Palmieri pointed to Sanders’ recent comment that Clinton is not qualified to be president—a remark Sanders quickly walked back—as well as his assertion in the last debate that he questioned her judgment. She also noted that the Sanders campaign on Monday accused the Clinton campaign of campaign finance violations.

    • Watch: Activist Whose Group Filed an Emergency Lawsuit in New York Blasts Mysterious Disenfranchisement of Thousands of Voters

      Shyla Nelson talks with The Young Turks about the federal lawsuit filed by Election Justice USA against the Department of Elections due to a giant voter purge in New York State.

  • Censorship/Free Speech

  • Privacy/Surveillance

  • Civil Rights/Policing

    • How I Was Arrested by a War Crimes Tribunal — for My Journalism

      On March 24 I stood outside the United Nations war crimes tribunal in the Hague, surrounded by dozens of men and women who had survived massacres and concentration camps and rapes during the Bosnian war. I had joined the gathering on Churchillplein before the announcement of the tribunal’s verdict for Karadzic, who was charged with genocide and crimes against humanity. I noticed a female security officer from the U.N. weaving back and forth through the crowd, trying to reach me. I realized, as the officer grabbed for my wrist and tried to put handcuffs on me, that my freedom was at issue on this day, too.

      “She’s crazy, she has no jurisdiction,” I shouted at a Dutch police officer who stood before me stone-faced. I didn’t try to run. I was on Dutch territory so I assumed the Dutch police would not allow a U.N. officer to arrest me. Having no police powers, the International Criminal Tribunal for the former Yugoslavia had always depended on member nations to execute its warrants—but this was about to change. Ironically, the tribunal’s first arrest by one of its own officers was going to be of a journalist who had reported on warlords and mass killers, rather than an actual war criminal.

    • Democracy Sleepwalking

      By the time the week was over, perhaps 1,200 were arrested. It may have been the largest nonviolent civil disobedience in years, but this is one more metric, like number of sponsoring organizations, to stick on a press release for media consumption. And the media know it. One high-level organizer scoffed at the mainstream media impact, noting the minimal coverage.

    • My Projection for Sanders v. Clinton in New York’s Primary

      This projection, if accurate, would keep Sanders on Another Path to Victory in terms of the pledged delegate race as I see it. The polls close tonight at 9pm eastern. By about 10pm, we should know whether I have stumbled upon a way to more accurately forecast Democratic primaries or whether I’ve been doing math to make myself feel better as a Sandernista.

    • Ben & Jerry Get Arrested At Capitol Hill Protests

      Ben Cohen and Jerry Greenfield – more popularly known as Ben and Jerry, the guys behind the ice cream – were among hundreds of protesters arrested at the Democracy Spring rallies at the United States Capitol Building on Monday. The protests began early this month with a 140-mile march from Philadelphia to D.C. and continued with a week-long sit-in to demand Congressional action on voting rights and campaign finance. Cohen and Greenfield were among some 1,300 peaceful protesters who were arrested. Actress Rosario Dawson, who in recent months has been an active and vocal supporter of Bernie Sanders, was also among those arrested.

    • The Sanders/Clinton Split on Israel

      There is a vast difference between Sanders and Clinton on Israel. Make no mistake. A President Hillary Clinton would strengthen Israel’s noose around the necks of the Palestinian people. She would not be an honest broker in any process to bring peace to that region.

    • BREAKING: NYPD Officer Sentenced To Five Years Of Probation For Killing Akai Gurley

      Former New York Police Officer Peter Liang was sentenced to five years of probation and 800 hours of community service by New York Judge Danny Chun Tuesday, two months after a jury convicted the former officer of manslaughter and official misconduct. Just before the sentence was handed down, Chun reduced the manslaughter count to criminally negligent homicide.

    • Thousands of Israelis Rally in Support of Soldier Who Executed Wounded Palestinian

      Thousands of Israelis rallied in Tel Aviv’s Rabin Square on Tuesday in support of an army medic who was caught on video last month apparently executing a wounded Palestinian suspect following a knife attack in the occupied West Bank.

      The medic, Sgt. Elor Azaria, 19, was charged with manslaughter by an Israeli military court on Monday for firing a single bullet into the head of Abdel Fattah al-Sharif, killing him, on March 24 in the city of Hebron. Sharif was one of two young Palestinians suspected of lightly wounding an Israeli soldier in an area of the city inhabited by Jewish settlers.

    • How Israel Killed the ‘Two-State Solution’

      The radical Israeli settlers in the West Bank city of Hebron present what is certainly a candidate for being the ugliest face of Israel’s creeping annexation of the West Bank. And, the expansion of settlements in the West Bank and East Jerusalem has reached a point that renders the so-called Two State Solution an impossibility.

  • Internet Policy/Net Neutrality

    • Did You Think the Battle Over Net Neutrality Was Over? Think Again

      A landmark decision by the US Court of Appeals for the District of Columbia that will determine the fate of US rules protecting net neutrality could come as early as this week.

      The central legal issue before the court is whether the FCC overstepped its regulatory authority in 2015 by reclassifying internet service providers, or ISPs, as “common carriers” under Title II of the Communications Act.

      Some of the nation’s largest broadband companies have challenged the FCC’s policy, calling it “arbitrary, capricious, and an abuse of discretion” that “harms consumers, competition, and broadband deployment.”

      By changing the way it approaches ISPs, the FCC claimed the authority to apply utility-style regulations originally designed for phone companies to broadband providers in order to prohibit blocking, throttling, and paid prioritization deals, in which ISPs like Comcast, Verizon and AT&T favor certain content, effectively discriminating against rivals.

  • DRM

    • Netflix: VPN Blockade Backlash Doesn’t Hurt Us

      Netflix CEO Reed Hastings says that the recent crackdown on VPN and proxy users hasn’t hurt the company’s results. The VPN blockade only affects a small but vocal minority, according to Hastings, and there are no signs that hordes of subscribers are abandoning ship.

  • Intellectual Monopolies

    • Nationalizing Trade Secret Law

      Nationalizing Contract Law?: It is interesting that congress is moving forward so quickly with nationalizing the traditional state-law claim of trade secret misappropriation. Most trade secret cases involve an underlying breach of contract between the parties. The current bill would implicitly have courts rely upon local contract law to determine the scope of rights of the parties before then determining whether a federal claim of trade secret misappropriation exists.

    • EU-Canada Trade Deal Still Struggling, As Romania And Belgium Say They Won’t/Can’t Ratify Treaty

      Alongside the better-known trade deals that aren’t really trade deals, TPP and TAFTA/TTIP, the smaller one between the European Union and Canada, CETA, is still trapped in a strange kind of political limbo. It was “celebrated” way back in October 2014, and has been officially in the “legal scrubbing” phase where the text is tidied up and translated into all the relevant languages (lots of them for the EU). Cleverly, the EU has used this period to sneak in the “lipstick on a pig” version of corporate sovereignty in an attempt to head off revolts among EU nations worried about growing public resistance to the idea.

    • Copyrights

      • Microsoft’s Azure Awarded FACT Anti-Piracy Seal of Approval

        Azure, the cloud computing platform created by Microsoft, has become the first service of its type to gain certification from anti-piracy group Federation Against Copyright Theft. The accreditation means that Microsoft has implemented many physical and digital processes designed to thwart online pirates.

      • California Assembly Looks To Push Cities To Copyright & Trademark Everything They Can

        If you’ve followed Techdirt (or US copyright law) for any length of time, you’re probably familiar with the fact that the federal government is barred from claiming copyright on any work created by the federal government (but it is able to hold copyrights that were transferred to it, which is another issue for another day). However, with state law, it’s a bit more murky. Many have (quite reasonably) argued that this same rule should apply to state laws as well. But states sometimes like to claim copyright in their works — and thus, for now, it’s officially a matter delegated to each state to decide for its own works. Remember when the state of Oregon claimed copyright in its own laws?

      • Authors Guild Petulantly Whines About How Wrong It Is That The Public Will Benefit From Google Books

        Yesterday we wrote about the fairly unsurprising, but still good, news that the Supreme Court had rejected an attempted appeal by the Authors Guild of the really excellent fair use decision by the 2nd Circuit appeals court over whether or not Google scanning books to build a giant, searchable index was fair use.

      • Copyright Experts: Fair Use is Not Getting a Fair Deal in Australia

        Fair use is one of the biggest undelivered promises of a report of the Australian Law Reform Commission to the Australian government two years ago, which recommended improvements to Australian copyright law. Instead of delivering a fair use exception, the government slapped users with onerous new enforcement provisions such as SOPA-style web blocking and data retention, along with a now-shelved attempt at a graduated response code for penalizing users suspected of infringement.

        Strangely, these new strict enforcement provisions have failed to transform Australia into a more innovative and productive economy, and so the government has finally turned its attention back to other copyright reforms such as fair use, by way of a new inquiry of its Productivity Commission. Cue the entry of Australia’s big media and entertainment conglomerates, who funded a fear-mongering report by PricewaterhouseCoopers (PWC) claiming that the introduction of a fair use exception to copyright would bring near-apocalyptic consequences for Australia’s creative sector, while failing to deliver significant benefits.

04.19.16

The ‘Great Conspiracy’ of Patent Lawyers, Lobbyists and Large Corporations for UPC and for Software Patents

Posted in Europe, Patents at 3:00 pm by Dr. Roy Schestowitz

Money in circulation, self-serving agenda everywhere one looks…

The undemocratic patent conspiracy (UPC): We'll just call it something misleading

Summary: The “Community patent” or “EU patent” or whatever euphemism those who created it (the architects) use these days (now it’s UPC) is threatening to engulf Europe without the European public ever being consulted about it (the ‘threat’ of democracy overcome by the rich and the powerful)

“It’s hard to see UK making any UPC-related decisions before result of the Brexit referendum is known on 24th June.”

These, surprisingly enough, were the words of IAM’s official Twitter account (based in the UK). We would go even further than this; as the UK is the only large English-speaking country in the EU (Ireland aside), what would a UPC look like without the UK? Would it be accessible to firms from the US? What about British? The language barrier is just one issue among many. The UPC fantasy is anything but a certainty; its proponents hope that by talking about it they’ll make it happen. There’s even a push to practically prepare the UK for it (ahead of any approval, vote, consultation with the public etc.) and UPC propagandists are being quoted by other UPC propagandists as saying that Brexit means nothing at all to UPC, not even to UPC inside the UK. What a farce!

Money talks.

Money can also change a person’s view.

Sadly, as we have pointed out here for a number of years, the debate about UPC is dominated by the few who stand to benefit from it at everybody else’s expense.

The other day Merpel started talking about the UPC in relation to the UK and already leaped to a debate about “UK Patents Court judges”, almost as though the UPC is inevitable and already here to stay. It never even arrived at all. Well, if it ever becomes a reality at all, there’s no guarantee it will reach the UK. Merpel wrote: “It would be misfortunate to squander this available experience, especially in the critical early days of the UPC. The success of the UPC will be determined by the quality of its decisions and, thus, the experience of its judges. Without experienced judges from one of Europe’s widely recognised and frequently used patent jurisdictions, the strength and attraction of the UPC as a competitive venue for European patent litigation will be depleted. A subsidiary issue is that, without the participation of the UK’s Patents Court judges, the attraction for litigants to use the UK’s local division to commence patent infringement actions would also be weakened (thus curtailing the positive benefit to UK’s economy). Such a state of affairs seems completely nonsensical given how hard the UK Government fought to secure a seat of the Central Division in London for exactly the same reasons (i.e., beneficial to the UK economy, key role in the stake and success of the UPC, etc etc etc).”

The UK ‘produces’ not that much other than services, and this includes software services. What kind of economic benefit/edge would the UK have if the UPC became a reality? Patent trolls are already starting to gather in London. Do we need even more of that? I, as a software professional, am growingly worried about these prospects.

The comments on Merpel’s post have mostly come from patent lawyers and attorneys, as one ought to expect given the blog’s audience. Some of the comments rightly point out issues. To quote some comments (copyright assigned to their posters):

Highly unlikely. Even if the UK is still around for the UPC and the UPC does in fact take off and this were to happen -unfortunately,the UK, France, Germany and Italy will be outnumbered by the non patent nations on the UPC. So you can start complaining now about the quality of the judgments to come like you do about the CJEU. In fact, the CJEU never pretended to be nor indeed was required to be a specialist court for patents but the criticism meted out to them about not getting it right whenever they dealt with the SPC Regulation was enormous -although on the other hand they always had a good stab at the Biotech Directive whenever they dealt with it.

As one comment put it:

If there’s a Brexit, game over.

Whilst I am not a Brexit proponent myself, many people are. We shall wait and see what happens. Another commenter says: “Given that the UK has (seemingly unlike almost all other countries ratifying the UPC Agreement) gone to the trouble to specifically create a national law applicable to EPUEs, it would be a terrible waste if there were no UPC judges who were qualified to interpret that law” (the remainder of this comment is added below).

If there are no UK judges in the UPC’s first intake, what will the UPC do about Articles 5(3) and 7(3) of Regulation 1257/2012, as applied to EPUEs filed by UK-based applicants?

That is, who will explain to the other judges how to interpret the national law of the UK that is “applied to European patents with unitary effect”?

Given that the UK has (seemingly unlike almost all other countries ratifying the UPC Agreement) gone to the trouble to specifically create a national law applicable to EPUEs, it would be a terrible waste if there were no UPC judges who were qualified to interpret that law.

Presumably, interpretation of the relevant national law is an issue upon which (due to Art. 5(3) of the UP Reg) questions could be referred to the CJEU. Could be interesting seeing how the CJEU handles that one!

Watch the enormous costs associated with it; one way or another these costs will be passed in the form of tax to a lot of Europeans, more so than to foreign corporations:

Its my understanding that the biggest problem is that a salary of EURO 11,000 per month is a deterrent. Very few in the UK seem to be interested in such a paltry remuneration, whereas in Germany they apparently already have over 1000 applicants!!

Some things are hard to believe:

1000 applicants from Germany? Twaddle as the application process hasn’t started yet (read the article).

Now the EPO is brought into it:

Will there be any full-time UK Patents Court judges in the UPC? Forget it, Judges. It’s the EPO. By the way pay no attention to that man behind the curtain!

Anon, anon was probably referring to this campaign:

https://www.unified-patent-court.org/news/preparatory-committee-launches-expression-interests-candidate-judges

Then comes up the problem associated with languages, which are already a problem at the EPO (we covered this before). To quote:

the key issue here is languages, what French or German language UK judges speak??? will them be able to take a case in German? or French? will a month or two in the Budapest training centre suffice for acquiring French and German language skills ?? the perfect candidates for these judge posts are members of the EPO Boards, however these people have a salary much higher than the 11.000 Euros net per month, so who will apply? I agree with some comments, above, the non Patent important UPC member states…
11.000 euros is half of the salary of an ECJ judge and 3 to 5 thousand euros less than an average member of the Boards of Appeal, who will leave aside its house, the children and the spouse job for this salary and for a non-permanent job of 6 years?.

It looks like representation would not be as diverse as people were led to believe:

Hire a couple of high profile patent judges from each of the main countries, and be sure they will fight for years trying to impose their own national practices and legal traditions in respect of hundreds of issues from the formal requirements to be met by a party´s request, to the admissibility of new arguments or the way orders should be formulated and decisions drafted. Less prominent candidates might be more prone to finding reasonable compromises.

And again a discussion about the waste of money:

Ah yes, but some have been preparing for this for some time (years in some cases)-sorting out their references,sending CVs to key persons, hobnobbing with civil servants from their MS,making sure they write articles on patents etc.

And don’t sniff at the 11,000 EUR tax free which does not include the massive list of benefits paid on top. For example, EU civil servants get an education allowance for their kids until age 26 (negotiated by the Germans over 50 years ago as German kids stay in higher education until then easily and so do British kids increasingly except there are increasingly no Brits left in the system and the Brits wanted to get rid of this).

How many people might even be qualified? Here is an educated guess:

At a conference in Strasbourg on the proposed UPC – memorable for having started the day that Icelandic volcano blew – the subject of judge’s qualifications for this role came up. It was estimated that the number of active judges who met the requirements was about – 20. Perhaps 50 at a push. Not official of course, but not very optimistic. And apparently not much improved upon since.

There is not much room at all for British judges anyway:

The numbers of judges initially required is probably relatively low. Given the number of proposed local divisions and allowing a bit of flexibility probably around 50 legally qualified judges are required almost all of whom would only be acting on a part time basis. However, if the response to the expressions of interest are representative, that is just as well since only 171 of those who expressed an interest had the qualifications and experience in patent litigation to be a legally qualified UPC judge without additional training.

At minimum, each local division will need at least one local judge, with the local divisions in UK, Germany, France, Italy and the Netherlands having two local judges. So there will necessarily be a spread of nationalities and at least 2 UK judges.

You would have to ask the existing UK patent judges whether or not they intend to apply but given the political capital that has been invested in the project, it is unlikely that the MOJ would prevent UK judges from serving on the court on a part-time basis.

Merpel’s post aside, we were rather disturbed to see a colleague from Bristows pushing the UPC in the same old fashion, first relaying UPC lobbying in a Microsoft-sponsored conference for patent maximalists who wish to influence policy (even Microsoft-funded lobbyists were there to promote software patents), then posts like this one and several others. “On a bleak Friday afternoon in London,” she wrote, “with the rain soaking into her paws and the wind messing with her perfectly coiffured fur coat, the AmeriKat was warmed by receiving an e-mail from Joan Scott of the European Crop Protection Association (ECPA) on one of her favorite topics – Supplementary Protection Certificates (SPCs). Prompted by her report of Margot Fröhlinger’s presentation on outstanding issues in the UPC at this year’s Fordham IP conference (see here), which included the need to iron out details on SPCs based on unitary patents…”

This Bristows (LLP/UPC) employee later wrote about Claire Phipps-Jones of Bristows LLP (notorious here for UPC promotion) and proceeded to some more of that. There is so much UPC promotion at IP Kat these days, usually courtesy of Bristows LLP staff. What is this, another corporate blog (for some contributors)? One way or another, EPO management must be happy. We are slowly led to believe that the UPC is almost here in the UK or is already here. This is far from the truth. Secrecy around UPC makes it hard to know exactly what’s happening (see this recent complaint about it). Like all sorts of so-called ‘trade’ agreements, it is a conspiracy of the rich and powerful against the rest. It’s usually large corporations and their lawyers and/or lobbyists.

“Unitary Patent Select Committee keeps meeting,” noted this one frequent critic (Francisco Moreno), “but transparency is not invited. Distribution key, anyone?”

Transparency for the UPC? They try to ensure that virtually nobody except UPC proponents even knows what this thing is about. Here is what Moreno wrote, having asked the EPO last year about the UPC [1, 2]: “An agreement has been reached but no details are provided: what is the % corresponding to each pMS? Or what is the formula that takes account of the GDP and the number of applications filed to fix the distribution key?”

Well, obviously, look who lobbies for the UPC and recall who benefits from it. Korenberg is quoted (paraphrased) as saying that “one rationale behind unitary patent court in Europe, decrease prohibitively costly enforcement for smaller companies,” but this is a lie. The UPC does exactly the opposite by exposing SMEs to more patent lawsuits and fees. It is in no way beneficial to the small firms, or even to European firms. It is also terrible for Spain [1, 2, 3] (Moreno should know this), so no wonder it opposes the UPC, in spite of lots of pressure, even economic blackmail. Conveniently enough, as some care to notice, UPC propaganda ‘forgets’ to mention that any SME which gets a patent faces lots of lawsuit threats from many more other companies. There are two sides to this coin and those who pocket all the coins are usually patent lawyers. According to this very recent update, citing a dubious report: “The 2016 annual report of the European Patent Office (EPO) pointed out that China maintains the most fast-growing European patent filer. With a patent filing number of 5,721 (22.2% increase compared to the data in 2014), China ranked the eighth among all the countries. The EPO stated that strong growth of the Chinese economy has become an important driving force in European patent development.”

So imagine how many patent lawsuits can come from China alone, never mind all those patent trolls from Texas.

The Bristows posts attracted comments too, just like the post from Merpel. Yet another response, in another thread, said that one should be “very uncomfortable with the EPO gaining control of the examination” while Battistelli is killing the Boards of Appeal and reduces quality of patents for the sake of superficial gains. Here is the comment in full:

use the EPO? Are you serious? That is one sure way of losing all of the collective knowledge of the national offices that has been gained over the last 20+ years regarding how to examine SPCs. How about we instead try to improve upon what already exists (e.g. by creating a virtual body), rather than throwing out the baby with the bathwater?

Another thing – unless and until a way is found to improve the governance of the EPO (including ensuring full compliance with fundamental principles of employment legislation in the EU), I would be very uncomfortable with the EPO gaining control of the examination of yet another highly valuable IP right.

Here comes a criticism of the prospect of the UPC, citing immaturity factor:

Come on: back in 1978 the EPO had 0 experience with patent examination. Yet it could start and flourish because it hired experienced examiners from national offices, and because it built on the Institut International des Brevets in Rijswijk.
The same holds for the UPC: when it starts, it will have 0 experience itself. Yet, nobody needs to be afraid of silly judgments because the UPC judges will be drawn from experienced national courts.
So, no doubt that the EPO will do just fine if it were (t)asked to examine SPC applications.

Governance will be the big issue with any virtual office: it will need real governance structures. Especially when you consider appeals: any decision from the appeal body will have to be implemented by the first instance, so again real governance is needed to ensure that this indeed happens.
So, it is better to involve a real body rather than a virtual one.

The EUIPO is an EU organization, that is true, but it has no knowledge of patents and technical things. Would that really be a more preferable solution for handling SPCs?

The employment issues at the EPO do not prevent it from examining patent applications as usual. Also, the EPO Board of Appeal issues are irrelevant for unitary SPCs if SPC appeals are handled by the UPC rather than by the EPO Boards of Appeal,just like the UPC handled administrative unitary patent appeals.

The EPO, in the mean time, keeps pushing for the UPC, effectively lobbying for a corporate takeover of Europe over at Twitter. Battistelli is the lobbyist in chief and the UPC sets up a “webinar on the Unitary Patent”, later stating: “IPO EU trademark regulation entered into force last month. Hopefully #unitarypatent package will be next”

They are referring there to EUIPO and the picture becoming clearer. They’re putting things under a common umbrella (like a corporate takeover) and readers may already recall the relation between the EUIPO and EPO, as we covered it several times in recent weeks [1, 2, 3]. Going back to the comments we have:

I should add that there are already not enough experienced SPC examiners to go around, and so it would be a disaster if the EPO were to hire a significant number of them.

For various reasons, national SPCs will be with us for a long time yet (perhaps indefinitely). Thus, the national offices will continue to represent important venues (perhaps the most important venues) for SPC applicants. To eviscerate their examining capability would therefore be doing applicants a serious disservice.

The alternative (a virtual body) would make the best of what already exists, whilst allowing national offices to retain their skilled staff. What’s not to like about that?

Anon, you argue that “The employment issues at the EPO do not prevent it from examining patent applications as usual”. However, handing responsibility for uSPCs over to the EPO at present would be akin to rewarding a problem child for appalling behaviour.

The discussion about SPC continues here:

This virtual body looks silly. Why not a real body like the EPO, with any appeals being handled by the UPC, but just like appeals against EPO decisions in unitary patent matters.

A basis in the EPC for doing so can easily be found, see Articles 63(4), 143 and 149a(1) EPC. Note that in Article 149a(1) EPC, whatever follows “such as” is non-limiting and can be skipped.

As regards fees and costs, the EPO should get its costs reimbursed, following the principles of Art. 146 EPC. For the remainder, the fee income can be distributed by the EPO among the participating states in the same way as their share in the unitary patent income.

As regards the law to be applied, changing the present SPC regulations will just result in long delays. So, it is better to accept the preset SPC regulations, and to look for any improvements later on.

The above could easily be handled in a relative small amendment of the unitary patent regulation 1257/2012, as it is a logical consequence of the decision to allow a subgroup of EU states to cooperate in unitary patent matters. Doing so would automatically result in jurisdiction for the UPC to handle appeals under Article 32(1)(i) UPC Agreement.

Just like with unitary patents, the new SPC provisions in the unitary patent regulation would be supplemented by decisions of the Select Committee.

And below that:

As an EU organisation, the EUIPO would appear to be better suited to the task than the EPO. One wonders why they were not chosen to handle the unitary patent registration procedure.

A cynic might suggest, based on the above, that Battistelli’s goal is to demolish the EPO in favour of the UPC (in whatever form it takes), then become the UPC’s head, get close to EUIPO, and maybe form or shift name to make up an umbrella organisation that’s EU-sanctioned (unlike the EPO that dates back to the EPC). Is this vision of the UPC starting by taking boards (of appeal, not Board 28) out of their job, then automating the job of examination with algorithms that do a shoddy job at examination, as we noted earlier today? Whatever it is, this is not looking good and secrecy creates more suspicion. To quote further comments:

An alternative would be to allow an applicant to request an SPC before any patent office of an EU state with this then extending to the EU as a whole in the same way that a national court can act as an EU court in design matters.

you have clearly failed to grasp the perils of throwing the baby out with the bathwater when it comes to experience in examining SPCs. Starting at ground zero with the EPO really would be a disaster for applicants – especially given the complexity of the (case) law.

Your perspective is so pro-EPO, can you please confirm whether you are on BB’s payroll before commenting again? As you may guess, I can confirm that I am not.

Notice the corrupting impact of the EPO paying vast amounts of money to a PR firm. Many people are often presumed to be on Battistelli’s payroll.

Speaking for myself (personally), I have been rather disappointed with IP Kat‘s coverage about the EPO as of late. There’s omission of so many important stories and developments. When was the last time IP Kat and notably Merpel even touched the EPO scandals? Maybe Battistelli got his way after he threatened some bloggers. They’re silent on it all. Several months ago I confronted IP Kat over its deletion of (refusal to approve) comments about the EPO, after people had reported this to me.

There is more UPC promotion in IP Kat these days than there is a mention of Battistelli and his latest scandals. And look who’s behind all the UPC promotion. It’s usually the Bristows staff. Where does UPC promotion come from? Those who would gain from UPC. Now that the UK is under a de facto coup (from EPO management, patent lawyers, and other opportunistic profiteers) we need the voice of opposition to at least be aired somewhere and that somewhere is not IP Kat.

It has become increasingly clear over time that not only is the UPC orthogonal to the interests of European citizens but one should also regard it as an active danger to anyone including those who work for the EPO as patent examiners. As for patent lawyers, the benefits of the UPC may depend on the kind of clients they have. But whether the clients are large or small, and whether they use patents offensively or defensively, the legal fees are still unavoidable, thus for a lawyer it is important to have as much patent confrontation as possible. This, except patent applications (sought in an aggressive/defensive atmosphere), is what ‘brings home the bacon’, so to speak. If the UPC causes more legal uncertainty and makes it more affordable to go to court even on a tight budget, then it means more legal action overall, hence more business to patent lawyers. █

European Patent Office Deemphasising Quality and Looking to Replace the Key Workers

Posted in Europe, Patents at 11:03 am by Dr. Roy Schestowitz

What is a patent office if not a collection of competent patent examiners? Battistelli is trying to break a mechanism that’s already working, presumably for corporate gains or increased profit/reduced salaries (the École nationale d’administration mindset)

EPO Frame Breaking
Context: “The Luddite movement emerged during the harsh economic climate of the Napoleonic Wars”

Summary: The unscientific approach of today’s management of the EPO and the dangers of outsourcing EPO jobs to other entities or even to highly flawed algorithms

BATTISTELLI has done a fine job driving away some of the Office’s best talent and his job is not done yet, despite the ongoing brain drain [1, 2, 3, 4] which seems unstoppable. Patent examiners are the very heart of any patent office; without them it’s just a bunch of clueless bureaucrats like Battistelli and their secretaries. How could they overlook this simple fact? According to this new report from MIP, “Michael Fröhlich has joined the European Patent Office as head of the Directorate European and International Legal Affairs” (not to be confused with Herbert Fröhlich, who was actually a legendary scientist). It often seems like all the EPO strives to be right now is a bunch of people in suits with a high-budget peripheral PR agency in the US (far more people there, based on the budget, than in the in-house PR department). We had enormous respect for the EPO back in the days, but what has it become and what is it still becoming?

Based on this new comment, “EPO examiners and BoA members have no concept of what a thorough analysis is like. How could they? Unless you have experienced the rigour of a multi-million euro invalidity or infringement suit, you probably think that the EPO procedure is pretty nifty.”

That’s somewhat of an unfair comment, but then again consider limitations on time, which got a lot worse under Battistelli because of policy changes that favour large corporations. Here is the comment in full:

The EPO has a unique position in juridical terms. It is just an administrative body tasked with taking administrative decisions – but with no judicial oversight. This wouldn’t be tolerated in any other branch of public administration I can think of, and it surprises me that the member states continue to connive in maintaining the conceit of a fair and thorough patent granting system.

Because it isn’t fair, and it certainly isn’t thorough.

It’s not fair, because the process can result in applicants being denied a patent which would be upheld as valid in a court of law. There is no mechanism for detecting, let alone righting, such injustices.

And it’s certainly not thorough. Most EPO examiners and BoA members have no concept of what a thorough analysis is like. How could they? Unless you have experienced the rigour of a multi-million euro invalidity or infringement suit, you probably think that the EPO procedure is pretty nifty. It isn’t. At best, it’s a good first approximation, but not more than that.

A response from a lawyer or attorney, taking or borrowing the term “thorough analysis”, said:

Are your comments based on a thorough analysis?
My experience (and the generally taken view) is rather that on average the analysis of BoA is more accurate and consistent than what you may get from national courts.
Of course there are exceptions such as your multimillion infringement suit (I am not sure as to what you mean as multimillion invalidity).
I sincerely hope that the UPC will reach the same standards as the BoA

We previously showed how the BoA swatted a software patent. This was a job well done and it involved a thorough analysis. It’s not fair to nitpick or generalise, making the examiners or judges seem as though they should bear responsibility for failures which go all the way up to the top. Overworked examiners surely cannot function and to expect output to improve this way would be unrealistic. A long response then said:

Ah! So that’s your point, Demut. A lack of symmetry. If the Technical Board of Appeal finds your issued patent (or patent application pending at the EPO) devoid of merit, you die without recourse to a Supreme Court of a contracting EPC State. Whereas, if you don’t get wiped out by DG3, you can go on asserting your rights all the way to the Supreme Court in each of 38 EPC Member States.

Perhaps not coincidentally, we see currently a huge ruckus about whether the USPTO can revoke patents it already issued. Does that lie heavy on your mind too?

But GATT-TRIPS promises a judicial review of an administrative decision and that’s what you get at the EPO. If you don’t like it, you can shun the EPO and file your patent application country by country.

I fully understand the grief of a patent practitioner who thought that the claim he drafted was good enough for the BGH and is outraged when DG3 revokes his client’s patent and the client demands to know why he is left empty-handed and deeply out of pocket. But that’s because the BGH chooses to paddle its own canoe up a different creek from the one defined by the established case law of the Boards of Appeal, which every other Member State finds persuasive.

Or are you from England, and outraged that the EPO does obviousness differently than in England?

Childishly crying “It isn’t fair” though, that doesn’t cut the mustard, sorry.

I’m curious though, what justifies your assertion that at the EPO thoroughness is lacking. I presume you hanker after full discovery, like the USA still does but which has been done away with in patent litigation in England. Of course, adversarial English legal procedure is big on cross-examination of witness evidence. If you were to argue that fact-finding is more rigorous under English law than under the civil law procedures used everywhere in the world, I would agree with you. But please don’t write off the EPO as “not thorough” because it does fact-finding like everywhere else in the world except the English common law countries. If there is any thoroughness lacking at the EPO, it is amongst the profession of representatives, who prepare their cases as if for a home fixture, in line with their particular domestic jurisdiction, and not thoroughly enough in line with an away fixture with the Rules of the Game as practised on the turf in Munich. The judges can only play what’s put on the table for them to consider.

I am reminded of the excuse every politician offers when losing an election: A communication failure, it was. We were not quite imaginative and creative enough, to get our winning message across to the voters.

But reply, do. What do you mean by “not thorough enough”? Are those guys in DG3 just not reading your stuff thoroughly enough for your liking?

There’s a bit of a withdrawal at this stage:

I apologize, I thought that your point was about the quality of the BoA decisions.

Now that I understood you better it seems that the difference is that I consider the BoA as a court and you don´t.
If however you take my position the system is lopsided as any other national system. Also there, once you get a refusal and go through all the available court levels, the final decision can be challenged in case of a positive decision in nullity proceedings but cannot be further challenged in case of a negative decision.

Or maybe the point is that in the EPC the number of available instances is rather reduced, because the BoA are already the final one. But I am not sure whether the users would like a different situation.

The picking on DG3 and the BoA carries on, with comments such as these:

The commentator eine gewisse Demut has an axe to grind, and would do well to confer with members of national judiciaries who have served on the EPO’s Enlarged Board of Appeal. Sir Robin Jacob, for example. For him, there is no doubt that the necessary GATT-TRIPS-compliant judicial supervisory function for the administrative work of the EPO is delivered by DG3.

…on average the analysis of BoA is more accurate and consistent than what you may get from national courts

True, but this is not the point I was making. The point is that the system is lopsided. The owner of a granted patent has full access to the legal process, while the owner of a refused application has none. Nobody can tell you how big this lopsidedness is, because there is no way of measuring it. It’s just an inherent feature of the EPC.

…would do well to confer with members of national judiciaries who have served on the EPO’s Enlarged Board of Appeal. Sir Robin Jacob, for example.

The quality of DG3 decisions is again not the point. The point is that their positive decisions are regularly tested in court, whereas their negative decisions are not. Incidentally, Sir Robin Jacob has written and spoken often about the lopsidedness problem.

Finally, as one person points out:

The quality of BoA decisions is probably the best that’s possible under the circumstances.

You’re right. The number of instances is reduced by at least two in the case of a negative BoA decision.

As regular readers ought to know, Battistelli crushes them now. He’s on some kind of war against the boards of appeal, despite them being the last sort of independent resort. They did, several years back, even took on the question of software patentability.

Speaking of software, guess what the EPO under Battistelli may be planning to do. Inevitably, as the Office is run by a clueless non-technical President, there’s some delusional thinking along the lines of replacing examiners with machines! You can’t make this stuff up! the whole point of having patent examiners is to have a manual operator(s) dealing with tasks that cannot be automated, require human interaction, literature surveys, and so forth. Here is how someone put it not too long ago:

The automatic examiner

In his last conference in The Hague, Mr Battistelli explained that in the future, examiners would get more support from their computer. Could it be that the Office is in the process of automating searches? In the age of Google, it is natural that our management is asking the question of automation. Computerised searches used to be the domain of a few selected database specialists, but nowadays everyone who types a few words into a search engine expects to find the relevant documents. It would thus appear that typing a few keywords into an artificial intelligence system should be sufficient to find all the “X” documents in a patent search. Or, even better, if one would directly feed the application in that system, it would extract the keywords, classify the application and spit out the “X” documents. Is that likely to work? Unfortunately, the answer is probably “no”. First, this is not at all what Google does. Google appears to use keywords but is a very different system internally: Google actually indexes the relationships between documents. To speak in examiners’s jargon, Google is more similar to ..combi than to ..xfull. The reason is simple: the creators of Google quickly realised that a pure keyword search does not work very well. Could we then imitate Google and use an automatic system that is similar? Unfortunately, again the answer is probably “no”. We already have automatic tools (like ..combi) using links between documents, but part of the problem is that new documents do not have links. Google has the same problem with new pages, which are very slow to enter their system. It is not clear how a patent office – that primarily deals with new documents – could overcome this problem.

Patent offices have a further specific problem: our users are not necessarily honest – if they all were, we would not need an examination system. In fact, Google and patent offices have exactly opposite problems: whereas Google advertisers want their pages to be found, some patent applicants may want to hide their application from their competitors. The “page rank” of Google is a valuable commodity. Top pages will be clicked more often than the bottom ones and clicks directly translate to sales. This is a real problem for Google, as some users try to play the system e.g. with “link farms”: collections of senseless pages designed to generate more links. Patent applicants (at least some of them) may not want their applications to be found. They also may not want us to find relevant documents. Some applicants try to obfuscate their application by avoiding keywords customary in the field. In such a situation the computer will fail to find relevant keywords and hence fail to find the relevant prior art. And this is presuming that the invention can be described in keywords, which is not necessarily the case either. Often the relevant information is in the drawings or in the arrangement of the features. For a human examiner all this is not a major problem. From an obfuscated application, he (or she) can still extract the information and knows how to rewrite the content in common keywords. A skilled examiner can extract the relevant information from drawings, tables, lists etc. He knows what is custom practice in his field, at what time in history and how various technologies developed. And he knows what documents he can find at which place in the classification.

Google is a commercial giant. It puts in a lot of effort in its search engines. For this it employs the world’s best IT experts. The effort comes at considerable cost. Unless the EPO thinks it can do better than Google, it may be wiser to rely on human examiners to design its patent searches rather than on IT experts.

Battistelli’s love for commercial giants has turned into an abhorrent, corrupt mess. Not only does he treat them favourably as applicants (UPC in its own right is beneficial to them) but he also gives them massive contracts without any transparency or as much as a public tender. Patent examiners aren’t Luddites and boards or appeal aren’t replaceable by some ludicrous, impractical system like that envisioned by UPC proponents.

If Battistelli stays in power for another year or two, nothing of value will be left at the EPO. He and his management team (many of whom are under-qualified buddies of his) ruin the Office and the misguided policies permeate and spread everywhere, even spilling to the outside (e.g. the boards). █

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