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07.27.10

New Flaw in Windows Facilitates More DDOS Attacks

Posted in Microsoft, Security, Windows at 5:03 pm by Dr. Roy Schestowitz

Stachledraht DDOS attack

Summary: Shoddy Microsoft software continues to provide opportunities for disgruntled people to attack and take down servers they dislike

ANY Windows botnet which is enabled by “Zeus” (Zeus is known to be a cause of DDOS attacks) is already taking advantage of Microsoft’s latest severe flaw which affects even fully patched Windows:

Miscreants behind the Zeus cybercrime toolkit and other strains of malware have begun taking advantage of an unpatched shortcut handling flaws in Windows. It was first used by a sophisticated worm to target SCADA-based industrial control and power plant systems.

No patch is available yet:

Security researchers have found more malware exploiting an unpatched Windows vulnerability via .LNK shortcut files.

According to Sophos blog July 23, two other pieces of malware have been observed targeting the bug. One is a keylogging Trojan the company is calling Chymin-A that is “designed to steal information from infected computers.” The other is Dulkis-A, a “worm written in obfuscated Visual Basic” that contains several subcomponents.

More here:

Slovakian security firm Eset reports the appearance of two malware strains that exploit security vulnerabilities in the way Windows handles .lnk (shortcut) files, first used by Stuxnet to swipe information from Windows-based SCADA systems from Siemens.

We covered those SCADA incidents earlier today. This has a serious impact on the world’s energy, not to mention those BP BSODs which we’ve already covered in [1, 2, 3].

The damage costs a lot of money and time (which can be equated to money) and the security world is “ill-equipped to solve digital whodunnits,” reports The Register.

“A lot of those efforts are very unqualified and pedestrian,” said Parker, who is director of security consulting services at Washington, DC-based Securicon. “There’s really not any science behind the efforts that many people have been making recently that have resulted in stories like China is attacking us, Russia is attacking us, Korea is attacking us.”

It is really hard to know where DDOS attacks come from these days. People don’t control their Windows PCs, which can be hijacked and chained back to some botmasters whose interests are not known.

Georgia has an unfortunate DDOS story to tell about its national infrastructure; after years of investigation it is still not perfectly clear if the Russian government had something to do with it or not. One youngster claims responsibility, but can he be believed? It can be hard to verify. And if one youngster can paralyse an entire nation, what does that teach us about those Windows zombies he used?

US Supreme Court May Have Another Chance to Eliminate Software Patents, But It’s Up to Microsoft

Posted in America, Microsoft, Patents at 4:45 pm by Dr. Roy Schestowitz

Supreme Court bricks

Summary: The i4i case, which is hinged on a software patent, can reportedly end up being decided at the highest possible level, but the company capable of doing so is Microsoft

AS THE i4i case carries on, it becomes apparent that Microsoft too can sometimes suffer from software patents, which it compares to mathematics when the software patents put it in the victim's side.

According to the Canadian news, this whole i4i brouhaha may get escalated to the Supreme Court:

The U.S. Patent Office has handed software giant Microsoft its third setback in a patent dispute with Toronto’s i4i.

In January, a judge ruled that Microsoft’s Word software infringed on a patent owned by i4i.

[...]

Microsoft still has as a final option an appeal to the U.S. Supreme Court. That would require that an application be filed by Aug. 27.

Red Hat’s Wildeboer asks: “Will Microsoft now finally pay or go [to] Supreme Court with i4i patents?”

Ruiseabra responds with: “I hope Microsoft goes to Supreme Court. More nails [are] needed for software patents coffin after Bilski.”

In other patent news, Toyota loses to a tiny entity with a deadly monopoly. How similar to Microsoft’s situation.

RedGhost was the first of a few of you to pass along Jalopnik’s detailed story of Toyota’s long patent battle with Paice and its founder Alex Severinsky, over patents on hybrid engine technology, which was just settled. We’ve actually covered the story before, last year when Paice — who had already won a court battle — aimed to get a second crack at the apple, by taking the case to the ITC, which potentially could bar the import of Toyota vehicles into the US if it found that Toyota infringed. Toyota settled the case the day the ITC was to begin its investigation, and it did so for one reason: the potential liability from a possible injunction isn’t worth the uncertainty. So you pay to make it go away.

The ITC is again being a nuisance [1, 2, 3].

How Microsoft Belittles ODF, Using the “Choice”-Themed Lies (and Why Google Should Offer ODF as a Choice)

Posted in Formats, ISO, Microsoft, Open XML, OpenDocument, Standard at 4:21 pm by Dr. Roy Schestowitz

“If thought can corrupt language, then language can also corrupt thought.”

George Orwell

Summary: Microsoft and its proponents/minions are still pushing an old propaganda line by claiming that Windows and OOXML will bring “choice”

THE NEWS is aflood with reports that IBM comes under scrutiny in the EU. Little is being said about the fact that IBM is being attacked SCO-style by Microsoft and its “satellite proxies” (IBM's words). We care about this because IBM’s mainframes run GNU/Linux — a fact that people like Florian Müller could not care less about (and this matters because “FlorianMueller” is the one who also pushed the news into Slashdot with his own convictions and bias). See the conversation in the previous post where Müller admits using Vista 7 (he seems like a permanent Windows user) and does not care so much if his stance is helping Microsoft. He’s apathetic to it. He also spins/subverts the word "choice" in the same way Microsoft does (same with the word “openness”*). It’s done just as Microsoft Malaysia did it to ODF and other branches of the company do under all sorts of situations. It’s a language game. Standards are about limiting choice at some level of granularity in order to ensure that different implementations work well with one another. Microsoft’s hypnosis strives to confuse people about choice; it’s about office suites, not formats.

Rob Weir has just informed his peers and supporters of ODF that Microsoft is restricting choice (abolishing and harming ODF’s status) using language games.

Microsoft’s talking points go something like this:

If you adopt ODF instead of OOXML then you “restrict choice”. Why would you want to do that? You’re in favor of openness and competition, right? So naturally, you should favor choice.

You can see a hundreds of variations on this theme, in Microsoft press releases, whitepapers, in press articles and blogged by astroturfers by searching Google for “ODF restrict choice“.

This argument is quite effective, since it is plausible at first glance, and takes more than 15 seconds to refute. But the argument in the end fails by taking a very superficial view of “choice”, relying merely on the positive allure of its name, essentially using it as a talisman. But “choice” is more than just a pretty word. It means something. And if we dig a little deeper, at what the value of choice really is, the Microsoft argument falls apart.

So let’s make an attempt to show how can one be in favor of choice, but also be in favor of eliminating choice. Let’s resolve the paradox. Personally I think this argument is too long, but maybe it will prompt someone to formulate it in a briefer form.

Glyn Moody remarks on this post by calling it a “nice debunking of a sneaky Microsoft trope about choice” and he also shares this word of warning about a new Google Docs “format”.

“I’m having trouble searching for just ODF formats, Did Google remove the ability?”
      –Anonymous
I asked Weir about it and he said that he “Can’t tell much from the screenshot. Not clear that it is a format. Maybe Punch is an app? Or internal test system?”

As a reminder, Google officially opposed OOXML when Microsoft was corrupting standards bodies all over the world, but Google never showed much active support for ODF, either. Google has been mostly passive and there are recent examples where Google exlcuded ODF support and was criticised for it (although not in a major way).

One person has just mailed us to say: “I’m having trouble searching for just ODF formats, Did Google remove the ability?”

“In general I’m losing it for Google,” said this person to us, “they support OS [open source] only when it suits them. They [are] really not our friends.”

Google Docs is of course proprietary.
_____
* When Microsoft says “openness” it never means “Open Source”. In cases where Microsoft is excluded or chooses to be excluded it advocates “choice” as means/route to depart from standards and embrace proprietary offerings instead.

Links 27/7/2010: KDE SC 4.5 RC3 Out, CentOS Dominates

Posted in News Roundup at 3:22 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

  • GNU/Linux is so Easy Even a Child Can Do IT

    This shows that GNU/Linux is not only for geeks. If you have some grown-ups in your organization who are reluctant to change, perhaps this example would inspire sufficient effort. The benefits outweigh the costs:

    * relative freedom from malware
    * relative freedom from anti-malware
    * freedom from monopoly, and
    * superior performance at lower cost.

  • Desktop

    • Userful prepackages Linux and applications for multiseat educational use

      A preview version of Userful’s Linux MultiSeat 2010 has been made available to potential users.

      [...]

      Based on Userful Multiplier and Edubuntu, Linux MultiSeat 2010 also includes a wide range of open source applications that are relevant to schools.

    • Dell’s ‘Brilliant’ Windows vs. Ubuntu Analysis

      “Dell has a problem,” said blogger Robert Pogson. “They want to be seen to be friendly to GNU/Linux so they have a few products, but they do not have a real campaign to sell GNU/Linux for fear it would offend M$ or their fans. I do not know at what point Dell will feel comfortable pushing GNU/Linux, but if they do not hurry others will pass them by.”

  • Server

  • Applications

  • Desktop Environments

    • K Desktop Environment/KDE SC)

      • KDE Software Compilation 4.5 RC3 Release Announcement

        July 26th, 2010. Today, KDE delivers the third release candidate of the upcoming KDE Software Compilation 4.5. The KDE Software Compilation consists of the Plasma Desktop and Netbook workspaces, a large number of applications for all purposes and the KDE development platform the applications and workspaces are built upon. The final version will be available next week This last RC is intended for verifying no showstoppers will creep into the final release of 4.5.0. It will also interest those who want an early look at what is coming to their desktops and netbooks this summer.

      • The Mission of KDE’s Wikis

        So TechBase is a source of mostly technical information. This includes step-by-step howtos for all sorts of KDE development as well as the feature plans and schedules for KDE releases and so forth. It’s mainly static content. Think of a howto for a Plasma Widget or a howto for building KDE. The content usually is valid for a long time, mostly even for years. For those of you longer in the KDE project, TechBase is the same as our good old developer.kde.org page (and we’ve never put arbitrary content there). The only difference is, that it’s now maintained as wiki.

      • Speak(er Setup0 Now, or Forever hold your Peace.

        Well it’s taken me a little time to commit this work, but here it is. This is the fruits of my labour from the KDE Multimedia Sprint earlier this year.

        [...]

        This code is now in trunk (r1154776) so feel free to try it out and report other bugs etc. This GUI is also included in Mandriva Cooker (I did want to include it prior to 2010.1 release, but the timing didn’t work out – tho’ it probably would have been OK considering the delays that cropped up in the release process). I expect this functionality to be included in any updated/backported versions of KDE for 2010.1.

      • KDE file transfer with KBluetooth

        After many years being a Windows user, I took my first steps as a Linux user under Ubuntu. As I started to learn more about the GNOME desktop manager, one of the pleasing and welcome surprises was to find out how incredibly easy it was to transfer files from and to my mobile phone using Bluetooth. From that point on, I tend to use this feature more often, uploading MP3 files or wallpapers to my mobile, or downloading pictures I took from its on board camera. In Windows XP I had always avoided the matter, not willing to download a few hundred MB just to get Bluetooth file transfer to work, or simply too lazy to install Nokia’s own software and have to use their specific cable.

        [...]

        This solution is very simple, so much so that I was ashamed I had not found it earlier. The downside is that it always requires a new device scan before sending files, which can be a bit annoying, but at least I can send and download files to and from my mobile using KDE’s own KBluetooth. Hope this helps in case you were having similar problems.

      • Simon at Akademy 2010: Interview with Peter Grasch

        Peter: It doesn’t make it easier, it makes it easy. It wasn’t easy before. As I said in the presentation, we developed the first run wizard with the KDE Usability team. We managed to come up with a nice wizard that gets people started right away.

      • Gereqi – Yet Another Amarok 1.4 Clone That Just Works

        For Amarok 1.4 lovers, there is more good news. Gereqi is yet another Amarok 1.4 fork, which is still in its early stages of development. And it is already looking good.

  • Distributions

    • PlainSight – Open Source Computer Forensics LiveCD

      PlainSight is a versatile computer forensics environment that allows inexperienced forensic practitioners perform common tasks using powerful open source tools such as RegRipper, Pasco, Mork, Foremost and many more.

    • PCLinuxOS/Mandrake/Mandriva Family

      • PCLinuxOS 2010.07 now Running perfectly On My Toshiba Satellite A100

        Earlier this laptop has been filled with PCLinuxOS 2007, PCLinuxOS 2008, PCLinuxOS 2009.1, and the last was 2010.07. From the series 2007-2009.1 my bluetooth still does not work. My Bluetooth works in PCLinuxOS 2010.1 with kernel update to 2.6.33, and version 2010.07 PCLinuxOS has worked perfectly on my laptop.

    • Red Hat Family

      • The most popular Linux for Web servers is …

        Even a Linux fan might not have heard of CentOS Linux but, if you’re a Web or other edge-server administrator, I can guarantee you know about CentOS. That’s because, according to Web Technology Surveys, in July 2010, “For the first time, CentOS is now leading the Linux distribution statistics on web servers with almost 30% of all Linux servers.”

    • Debian Family

      • Canonical/Ubuntu

        • Ubuntu Global Jam: Start Your Engines!

          To make the event as simple and accessible as possible, we have picked five topic areas and we are encouraging you lovely people to organize an event with one or more of them:

          * Bugs – finding, triaging and fixing bugs.
          * Testing – testing the new release and reporting your feedback.
          * Upgrade – upgrading to Maverick from Lucid and reporting your upgrade experience.
          * Documentation – writing documentation about how to use Ubuntu and how to join the community.
          * Translations – translating Ubuntu and helping to make it available in everyone’s local language.
          * Packaging – packaging software for Ubuntu users to install with a clock.
          * Other – other types of contribution such as marketing and advocacy etc.

        • Flavours and Variants

          • Ubuntu Studio 2.0 (Puppy Edition) Screenshots

            Ubuntu Studio 2.0 (Puppy Edition) is based on Ubuntu 10.04 Lucid Lynx and provides a lightweight interface where you can run popular Ubuntu Studio applications like Jack, Ardour2, Hydrogen and many more. This audio production software is available along side all the tools of a normal Puppy Linux desktop. Make sure you check out the Multimedia — Multimedia section of the menu as it contains a very impressive collection of tools and useful apps and I missed it the first time through. I found more applications are available in the Ubuntu repositories which are accessible using the Quickpet package manager, icon on the desktop. You’ll find Firefox, Chrome, Opera, Cinerella, Dia, Inkscape, and many other applications plus Quickpet provides a drivers section where you can add Nvidia or ATI Radeon drivers. Overall, this looks like an excellent idea and I’ll definitely watch as it is developed.

  • Devices/Embedded

    • Phones

      • Android

        • Android Will be Dominant Mobile OS According to Motorola’s Sanjay Jha

          Motorola’s co-CEO Sanjay Jha spoke out about the company’s relationship with Google and its Android OS at Fortune Brainstorm Tech over the weekend. Notably, he asserted his belief that Android would become the dominant mobile operating system seen on a vast majority of devices over the next five years. He likened the current battle between Android and the iPhone to the early years of personal computing, when Apple’s early lead was eventually overcome by a standard OS that was not linked to a specific manufacturer or device.

        • High-end Android sliders ready to roll from Motorola, HTC

          A photo of a T-Mobile-destined, Android-based HTC “G1 Blaze” phone has popped up on Engadget, and Droid Life has unveiled Motorola’s Droid 2, due for a Verizon launch next month. Meanwhile, Verizon’s Droid X delay has been extended, some minor screen and security problems have emerged, and the phone has been rooted but not fully conquered, according to reports.

    • Tablets

      • The Real $35 Tablet from India: an OLPC Complement, not Competitor

        Indian minister for HR Development HRD, Kapil Sibal announces $35 tablet project. It seems to be based on the Freescale i.MX233 system on chip, with a 7″ resistive 800×480 touch screen. Here’s my video with AllGo Embedded Systems, a R&D company based in Bangalore India, where they are showcasing their $35 tablet reference design at the Freescale Technology Forum in Orlando last month. This is likely to be the tablet that India’s HRD Minister is talking about:

        The Bill Of Material is as following:

        * ARM9 Processor: $5 (Freescale i.MX233)
        * Memory: $3
        * WiFi B/G: $4
        * Other discret components: $3
        * Battery: $5
        * 7″ 800×480 resistive touch screen: $15
        * Total bill of material: $35

Free Software/Open Source

  • The State of Open Source: Startup, Growth, Maturity or Decline?

    Depending on which particular business school text you pick up, you might have seen the organizational lifecycle stages described as some approximation of the following:

    1. Startup
    2. Growth
    3. Maturity
    4. Decline

    We must of course acknowledge the glaring impedance mismatch between mixed motive movements such as open source and profit-centric enterprises. Undoubtedly, open source will occasionally, even frequently, follow a different trajectory than will closed source alternatives.

  • Military Adoption of Open-Source Software May Increase Flexibility and Lower Cost

    Researchers at the Georgia Institute of Technology are helping the U.S. military analyze and develop the advantages of open-source software — programs that make their source code open to others so it can be changed and improved.

  • Quamachi: The VPN GUI with the funny name

    Need to connect to a remote client securely and simply? One way to do that is to employ Hamachi, a zero-configuration VPN service. While zero configuration sounds pretty easy, you can make things easier still by using Quamachi, a Hamachi GUI for Linux.

  • Inverting Monopoly

    Monopoly is not good for us. Monopoly is good for those who have the monopoly, in this case, two powerful corporations with fewer than a million people. We are thousands of millions. We can do more and better whatever the monopolists can do. Monopoly is not good for us because we pay too much for IT and are limited in what we can do with IT because we depend on what the two monopolists do. Then there are their partners. Need application X in 64bit? Nope. Need application Y to run on ARM? Nope. Need application Z to run on another OS? Nope. Need your network to be secure from intruders? Nope. Need an upgrade? Nope. Pay full price and you have to buy version 12.34 first, etc.

    Hardware. We can buy ARM, AMD, even Apple. If you are locked into Intel because the stuff you run only runs on that other OS and it only runs on x86 you can change.

    [...]

    Invest in FLOSS. Free yourself from monopoly. You can start right away by migrating parts of your operation to GNU/Linux and identifying the parts that do not migrate readily and fix the causes of that non-portability. Fix it by finding a FLOSS project that does what you need done or creating one. There are lots of resources on the web. FLOSS is reusable so you do not have to reinvent the wheel. Just use the wheels others have developed and contribute to the world under a Free Software licence.

  • Periodic table of the open source graphics and design apps
  • Web Browsers

    • Mozilla

      • Mozilla delays second Firefox 4 beta

        Originally scheduled for release late last week, Mozilla has confirmed that the second beta for version 4.0 of its open source Firefox web browser has been delayed by one week. Firefox 4 Beta 2 is now expected to arrive on Thursday, July 29th. The third beta is still on schedule for an August 6th release.

  • Oracle

    • OpenSSO, Neglected by Oracle, Gets Second Life

      The company, ForgeRock, has released a new version of Sun’s Open Single Sign On (OpenSSO) Enterprise software, called OpenAM, that adheres to the OpenSSO roadmap established by Sun.

  • CMS

    • Drupal trademark policy: update after 11 months

      The Drupal trademark policy was launched officially about 11 months ago. As explained in my blog post on the Drupal trademark policy, the purpose of the policy is to create a level playing field for all. It allows everyone to use the trademark without administrative hassle, while at the same time keeping some control and oversight to avoid dilution and misuse. For example, we all know the scarcity of cool domain names, and how frustrating it can be for a local Drupal user group to find that their domain name has already been taken by a commercial entity. The trademark policy seeks to resolve this problem.

      [...]

      I hope everyone can see that the trademark policy is not a money printing machine for me. In fact, it’s the opposite. I have paid personally for the creation of the policy and the cost of responding to trademark usage requests. The balance between costs and income is quite skewed out of my favor, although the amount of payments seems to be increasing.

  • Open Data

    • Patching democracy with open data

      I’ll spare you their 57-page argument that corporations are Americans too (apparently) and spending is speech. But the result left President Obama, congressional leaders, and states a little shaken, grasping for any fix shy of amending the First Amendment (and Sen. Kerry signaled that option is on the table). Out of that scramble has come Sen. Schumer’s DISCLOSE Act.

  • Open Access/Content

    • Climategate data sets to be made public

      The Climatic Research Unit at the University of East Anglia (UEA) in the UK, recently at the centre of the hacked emails controversy, is launching a pilot study into how best to make public three major temperature data sets and detailed records of how they are processed. They will include data repeatedly requested by climate sceptics under freedom of information legislation.

Leftovers

  • Theater Owner Begs Hollywood Not To Give Consumers What They Want

    It’s always kind of amusing when you see a business owner make obviously false statements as they try to justify why everyone should be worse off, just so they don’t have to adapt their business model. It’s especially amusing in the movie theater business, where we keep seeing theater owners complain about shortening windows between theatrical release, and when a movie can be viewed at home. As we’ve noted over and over again, every time a movie theater executive makes such a complaint, they are effectively admitting that they’re too clueless on how to compete. Even though they have huge theaters with great sound systems and seating, they’re admitting that they either don’t want to or simply cannot compete. If that’s really the case, they don’t deserve to be in business.

  • Can The Operators Of A Site Targeted By Homeland Security Crowdsource A Defense?

    We’ve already covered the bizarre story of Homeland Security effectively working for Disney in seizing some domains of sites that were used to file share movies (way, way, way outside of Homeland Security’s mandate), and covered the sneaky attempt to defend those moves by conflating copyright infringement online with counterfeit drugs being sold online. It’s also still not clear that Homeland Security even has the legal right to seize those domains as it did.

  • “Journalist” Who Wrote Fake GTA Story Ridicules Gamers

    The “journalist” who made-up the story about Grand Theft Auto Rothbury in yesterday’s Daily Star says he’s “baffled” by the uproar and has responded to complaints by ridiculing adult gamers.

  • Vision Media’s Bogus Lawsuit Dismissed; And Much More Attention Focused On Vision Media’s Business Practices

    We’ve written a few times in the past about the attempt by Vision Media TV to use legal tricks to force down critiques of its business practice. The company, as has been covered in detail by the press, tends to focus on charities, suggesting that it will create a news report that may air on “public television” with “Hugh Downs.” But the reality is that they’re expecting the organization to pay, and there’s no evidence that the content ever gets on TV anywhere. And Hugh Downs only participates in very, very limited cases. The company — or one very much like it, based from the same basic place — has gotten into legal troubles in the past. Even though the NY Times and NPR have covered Vision Media’s method of doing business, Vision Media has not sued them, even though it has claimed such articles are defamatory.

  • Security/Aggression

    • Ian Tomlinson’s family accuse CPS of ‘cover-up’

      The family of Ian Tomlinson today branded as a “cover-up” the decision not to bring a single criminal charge against a police officer who attacked the newspaper seller before he died.

    • Passwords in the wild, part I: the gap between theory and implementation

      Sören Preibusch and I have finalised our in-depth report on password practices in the wild, The password thicket: technical and market failures in human authentication on the web, presented in Boston last month for WEIS 2010. The motivation for our report was a lack of technical research into real password deployments. Passwords have been studied as an authentication mechanism quite intensively for the last 30 years, but we believe ours was the first large study into how Internet sites actually implement them. We studied 150 sites, including the most visited overall sites plus a random sample of mid-level sites. We signed up for free accounts with each site, and using a mixture of scripting and patience, captured all visible aspects of password deployment, from enrolment and login to reset and attacks.

      [...]

      Amazon, for example, didn’t block our brute force attempts, but there’s ample reason to believe they detect account takeover by other means. On the whole though, the level of security implemented is dramatically lower than security researchers might expect. There’s an interesting parallel here. At first the insecurity of passwords was blamed on users not behaving the way security engineers wanted them to: choosing weak passwords, forgetting them, writing them down, sharing them, and typing them in to the wrong domains. It’s now generally accepted that we should design password security around users, and that users may even be wise to ignore security advice.

    • Battle joined for future of open source IPS

      Fast forward four years however and the formerly close and protective relationship between the US federal government and Sourcefire/Snort has soured to the point that the Department of Homeland Security is funding an alternative through the OISF foundation. The Navy’s Space and Naval Warfare Systems Command (SPAWAR) and commercial partners are also contributing to the development of Suricata, OISF’s open source IPS.

  • Environment/Wildlife

    • How Concentrated Solar Power Can Meet India’s Future Power Needs
    • Would Obama’s ocean drive have stopped BP?

      As the Gulf of Mexico continues to battle the oil from the BP Deepwater drilling disaster, President Obama’s establishment of a national ocean policy is a significant step forward in the management of our oceans, our coasts, coastal economies and ocean health. This first ever national ocean policy is not a new idea – in fact, two blue ribbon commissions recommended establishing a national ocean policy more than five years ago. For the most part, those reports have sat on bookshelves in Washington DC, while legislative efforts to implement their recommendations were defeated by ocean industries.

    • BP locking in scientists, research to prep for lawsuits

      The scientific community has always had difficulty policing conflicts of interest, since financial interests and other exterior motivations have a very real potential to influence if and how scientific data gets reported. This issue has historically reared its ugly head in the biomedical community, where many researchers also consult for the pharmaceutical and biotechnology industries. But it appears that a number of different scientific fields are about to see these conflicts played out in a very public manner, as a report indicates that BP is now locking scientists into contracts that will prevent them from publishing their results at all.

    • “Giving Up Faith”: The EPA, Dispersants, and the Commons in Chains
    • Dead penguins wash up on Brazil’s beaches

      Hundreds of penguins that have apparently starved to death are washing up on the beaches of Brazil, worrying scientists who are investigating what exactly killed them.

    • Whales Scream Over Noise Pollution

      One downside is that “shouting,” as for humans and other animals, requires more energy expenditure and probable strain, so we are making life more difficult for these already at risk marine mammals. Since communication is tied to mating, feeding and more, these critical aspects of whale life may also be impacted.

    • UK-imported animal feed blamed for rainforest destruction
    • As nation, Russia, and world swelter under record-smashing heat waves, The New York Times sets one-day record for most unilluminating stories

      Globally NOAA just reported that June is the fourth month in a row of record global temperatures, and the first half of 2010 is on a record pace. This is all the more powerful evidence of human-caused warming “because it occurs when the recent minimum of solar irradiance is having its maximum cooling effect,” as a recent NASA paper noted.

      Globally nine countries have smashed all-time temperature records, “making 2010 the year with the most national extreme heat records,” as meteorologist Jeff Masters has reported.

    • US Senate drops bill to cap carbon emissions

      Plan to charge large polluters abandoned in favour of narrower legislation focusing on increasing firms’ liability for oil spills

    • Amazon deforestation in dramatic decline, official figures show

      Increased use of satellite data and new tactics to deter loggers have led to drop, says Brazilian environment agency

  • Finance

    • State Finances Rigged in Conspiracy by Banks, Advisers

      A telephone call between a financial adviser in Beverly Hills and a trader in New York was all it took to fleece taxpayers on a water-and-sewer financing deal in West Virginia. The secret conversation was part of a conspiracy stretching across the U.S. by Wall Street banks in the $2.8 trillion municipal bond market.

    • Basel Group Agrees to New Global Rules for Banks

      Central bankers and regulators have reached an almost unanimous preliminary agreement on new standards to reinforce the stability of the global financial system, adding to investors’ confidence in the outlook for many banks.

    • Debating the Securitization of Mortgages
    • Former Northern Rock executive fined, banned

      Britain’s financial regulator has banned the former finance director of mortgage lender Northern Rock – the country’s first major casualty of the global credit crunch – and fined him 320,000 pounds ($500,000) for misreporting figures on loan arrears.

    • ‘Systemic risk’ theory gains in stature as way to prevent the next bubble

      Americans might be counting on the day when home and retirement-fund values start to rise again, but anyone expecting to benefit from a future boom in prices should take note: Economic policymakers around the world are looking for ways to make sure that doesn’t happen, or at least not with such intensity that it risks the kind of bust that usually follows.

    • SEC now freer to hike whistleblower awards

      With powerful senators watching closely, federal investigators search high and low for evidence of insider trading in shares of Microsoft. One of Wall Street’s best-known hedge fund managers is targeted, but the feds can’t find proof. Years pass, and they close the case without filing charges.

    • Central Bankers Reach Initial Accord on Global Standards

      The rules, developed after lengthy negotiations among regulators on the Basel Committee on Banking Supervision, would not take effect for at least seven years.

    • Mistake: Why Goldman Sachs Channels Richard Nixon and Watergate

      You remember the big to-do about Goldman Sachs and how the United States Securities and Exchange Commission brought a so-called landmark fraud case against the mighty Wall Street firm? If you followed the legal soap opera, you were entertained with congressional hearings, thrilled by the lurid stories and dazzled by all the posturing and pandering. Then, at the eleventh hour, as the Gulf leak was capped, as FinReg was about to be signed, the Hollywood ending came into play as the case miraculously settled for something like half a billion dollars.

    • Booked: Suzanne McGee on Chasing Goldman Sachs
    • Video: Bloomberg’s Harper Discusses Goldman’s AIG Protection: Video
    • Wall Street Still Doesn’t Have a Sheriff

      The S.E.C. wasn’t forced to grapple with the issue until 1990, when Congress greatly expanded its power to seek financial penalties from corporate violators. (Before then, companies could shrug off civil orders as a passing embarrassment.)

    • F.C.I.C. Said to Aim at Goldman Derivatives Profit

      Goldman’s executives claim they do not track all information pertaining to derivatives, a position towards which the F.C.I.C. are clearly dubious.

    • Goldman Sachs Relied on Citigroup, Lehman for AIG Protection

      Goldman Sachs, the most profitable securities firm in Wall Street history, has argued that it didn’t depend on the U.S. government’s $182.3 billion rescue of AIG because the investment bank had collateral and credit-default swaps to protect itself. Joshua Rosner, an analyst at research firm Graham Fisher & Co. in New York, said the list of counterparties indicates that Goldman Sachs may have had difficulty collecting on those swaps.

    • In Short

      Goldman Sachs is facing a threat by the US financial crisis inquiry commission to hire outside accountants to comb through the bank’s systems for data on its derivatives business.

    • How Much Credit Card Rewards Cost the Poor

      According to the report, “Who Gains and Who Loses from Credit Card Payments? Theory and Calibrations,” released Monday, the reward programs create “an implicit money transfer” to credit card users from noncard users (i.e. cash payers) because of the across-the-board price increases merchants put in place to cover the costs of accepting the cards.

    • Ratings Agencies: Don’t Use Our Ratings

      Parts of the bond market are shutting down this week as ratings agencies try to figure out how they’ll be affected by a last-minute provision in the finance bill, the WSJ reports.

      President Obama will sign bill into law this morning, and this may be the first unintended consequence.

  • Censorship/Privacy/Civil Rights

  • Internet/Net Neutrality/DRM

    • Gov’t Unlocks Apple’s iPhone But Is The Jailbreak Era Over?

      The iPhone ecosystem, which Apple protects with the ferocity of a Smoke Monster, is about to get wilder.

    • Funny How All The Senators Supporting Anti-FCC Bill, Have Raised Lots Of Money From AT&T

      We mentioned, when the recent FCC report on broadband came out, that it seemed notable that the first politician out of the gate complaining about it, Rep. Cliff Stearns just happened to have had massive financial support from the biggest broadband players around when it came to raising money for his political campaigns. Given that, it seemed worth looking into the sponsors of a new bill designed to prevent the FCC from implementing net neutrality rules. Now I’m still not convinced the FCC really has the authority to do what it’s trying to do, but I find it even more troubling when a group of Senators get together and call a new bill the “Freedom for Consumer Choice Act (FCC Act),” and it seems like they’re all funded by AT&T. Somehow, I don’t think that AT&T is supporting “freedom for consumer choice” when it comes to broadband. Over the years, they’ve done exactly the opposite, and worked hard to limit competition.

    • Time To Face Facts: Broadband Caps Are Really About Protecting Video Revenue

      As various broadband providers drool over the idea of implementing broadband caps, they’ve mainly focused on the claim that they’re doing so to make “bandwidth hogs” pay “their fair share.” Sometimes they sprinkle this with claims of poverty over having to provide unlimited access to people who actually use it a lot. Of course, none of this is true. The various metered broadband plans almost always end up increasing everyone’s bills, and there’s little to no evidence that bandwidth hogs are a problem, either technologically or economically speaking.

  • Intellectual Monopolies

    • Copyrights

      • Three Strikes for Industry and Heritage

        Last year the Industry Ministry held a public Copyright Consultation, soliciting Canadian input on copyright reform. More than 8,000 Canadians made submissions in last year’s Copyright Consultation, and these submissions overwhelmingly said

      • SAS copyright lawsuit referred to European Court of Justice

        A copyright infringement lawsuit filed by SAS Institute against a small British software company is being passed from a British court to a higher European judicial body following a Friday ruling that has both companies claiming victory.

        [...]

        British court precedent holds that it is not copyright infringement to study how a program functions and write a program to emulate the functionality.

      • How Is It That New Copyrights Are Being Claimed On Work Done By An Artist Who Died 70 Years Ago?

        That sounded wrong to our reader, who questioned how that could make sense, seeing as Mucha has been dead for over 71 years. Now, I’m certainly no expert on Czech copyright law, so anyone out there who is an expert, feel free to chime in. But I’m assuming that the situation is similar to one that we discussed a year ago. In the US, thanks to Bridgeman vs. Corel, it is mostly believed that a photograph of a copyrighted work does not receive a new copyright (technically, it only applies in the court where the ruling was made, but the ruling has been followed by other US courts as well). However, in Europe, I believe the question is more or less unsettled — so many claim that a photograph of a work can itself get a new copyright.

      • Torrentfreak blasts a ‘bogus’ so-called ‘anti-piracy’ study

        It claimed websites such as Ars Technica and ZDNet were ‘taken in’ by a report put out by the Internet Commerce Security Laboratory (ICSL) and pushed by the ‘anti-piracy’ outfit AFACT, which said that only 0.3 per cent of files available on Bittorrent were legal.

        In a blog post, Torrentfreak said that the report tried to answer four questions and got them all entirely wrong due to inaccurate data and a flawed methodology.

        For instance, ICSL said that there were slightly more than a million torrent files from 17 Bittorrent trackers last Spring, but this was only a small sample of what they could have looked at. Also it was biased towards the most-seeded torrents such as TV and film, leaving others badly unrepresented.

      • Digital Economy (UK)

        • A Guide to the Digital Economy Act – Part 4

          Before the Digital Economy Act, it was possible for a copyright owner to gain an injunction against a service provider from the High Court. Under Sections 97A and 191JA of the Copyright, Designs and Patents Act 1988 (as amended by the Copyright and Related Rights Regulations 2003), the Court can grant an injunction if it is proved they have “actual knowledge” that someone is “using their service to infringe copyright” – s97A(1). In practice, this means the copyright owner must notify the service provider and then take them to court (where they would need to prove the infringement) before anything would have to be done. The powers potentially available under the Digital Economy Act take this much further.

Clip of the Day

Java is Everywhere


Benchmark Reviews is Plagiarism, Exposed, Resorts to DMCA Abuse (to Censor Critics)

Posted in Apple, Deception, Intellectual Monopoly at 12:06 pm by Dr. Roy Schestowitz

“Shoot first, ask questions later”

Summary: Another new case of DMCA abuse (bogus takedown request as means of censorship) shows why the likes of ACTA are a threat — not a treat(y) — to people’s freedom and why DMCA should be weakened or repealed

THIS post does not deal with software, for a change. LiberalViewer spoke to YouTube/Google earlier this month about DMCA abuse and fair use (see video above and bear in mind that it’s only part 1). These are important issues which increasingly impede or facilitate our freedom of speech on the Web.

Last year we wrote quite a lot about Microsoft’s laptop bribes [1, 2, 3, 4], which are a way of earning positive reviews for Microsoft products, notably Vista 7. Fake reviews of Microsoft products are not uncommon and they are sometimes posted by former or existing employees of the company. Over the years we have given several examples and offered concrete proof.

It is with some delight that we found out a corrupt reviewer getting busted over a fake review. This reviewer then resorted to DMCA abuse rather than apology, retraction, or stepping down from what now seems like a corruptible ‘publication’, namely Benchmark Reviews, which typically just excerpts (copies) almost everything from Phoronix and perhaps other benchmark/review sites. Here is what TechDirt wrote about it:

Reviewer Caught Posting Marketing Material As A Review… Uses DMCA To Takedown Site Of Guy Who Exposed Him

Duncan writes in to alert us to what must the mother of all stories of a guy caught doing something questionable online, who then goes to amazingly great lengths — including publishing private info, blocking users, changing content surreptitiously and (finally) using a bogus DMCA takedown to takedown the entire site of the guy who caught him. It’s quite a story, so let’s start from the beginning.

Read on as it gets interesting and the takedown request is clearly a bogus one. So get ready for the likes of ACTA, which introduce yet more draconian terms that hinder sharing for purposes of criticism (fair use). The whole situation around DMCA is made worse by the fact that there is burden of proof on the accused. What a ridiculous law and how sad it must be that Google, based on the panel discussion regarding YouTube, prioritises the MAFIAA at the expense of YouTube users when it comes to balancing fair use. See the full series of videos and you will find out that Google is quite pretentious about it (or maybe it’s just that spokesman of theirs).

Guess who among the software CEOs is a fan or a proponent of the DMCA? The guy who has stakes in Disney, Steve Jobs. That’s right, but he’s losing:

AFTER YEARS of taking a very conservative approach to the US Digital Millenium Copyright Act (DMCA), the US Library of Congress has issued a wave of rulings that all but turn the law on its head.

Every three years, the Library of Congress reviews its policy on the DMCA and releases its opinions about how it should be interpreted.

This time the Library allowed widespread circumvention of the CSS encryption on DVDs, under some conditions. And in an opinion that sails up the nose of Steve Jobs it has ruled that jailbreaking Iphones qualifies as “Fair Use”. It also will let punters crack their legally purchased e-books in order to have them read aloud by computers.

Yesterday the EFF made the following announcement:

EFF Wins New Legal Protections for Video Artists, Cell Phone Jailbreakers, and Unlockers

San Francisco – The Electronic Frontier Foundation (EFF) won three critical exemptions to the Digital Millennium Copyright Act (DMCA) anticircumvention provisions today, carving out new legal protections for consumers who modify their cell phones and artists who remix videos — people who, until now, could have been sued for their non-infringing or fair use activities.

Here is another new article titled “Why Fair Use is Not Just Acceptable, It’s Essential for the Future”

The Library of Congress added a number of ambitious new exceptions to the Digital Millenium Copyright Act’s prohibition of breaking copyright technologies today, most notably concerning iPhone jailbreaking and unlocking.

Too bad for Apple, eh? That company which Groklaw seems to be defending for reasons we cannot understand.

Why We Will Post More, Not Less

Posted in Microsoft, Security, Servers, Site News, Windows at 11:27 am by Dr. Roy Schestowitz

Lions

Summary: Our server has been under some kind of attack for the past day and a half, but we promise/vow to increase our posting pace rather than slow down as a result

IT IS within our capacity to make more posts in this Web site and due to disruptors we will publish more.

By “disruptors” we refer to bots that hammer on our server constantly in big amounts, since 10AM (GMT) yesterday. If you were unable to reach the Web site at times, this is why. Earlier today we suffered a 3-hour downtime because of that nuisance and although it would not quite qualify as DDOS in the full sense*, it has exactly the same effect (even though we suffered some really heavy DDOS attacks last year, lasting days).

“If you were unable to reach the Web site at times, this is why.”We try not spend so much time discussing it as it only feeds agitators and encourages them. In fact, this will be the last post which mentions this subject. There are more worthy news to focus on. We have always gotten past technical difficulties at the end.

If anything, all this obnoxious ordeal we’ve had since yesterday morning will motivate rather than demoralise. We won’t be stopped by such trash. If someone is trying to impede this Web site’s operation/speech, it will only make things worse for that someone.

Speaking of Windows zombies, watch how people’s pockets are being emptied because of Trojan horses for Windows.

Trojan horses that were planted onto the victims’ computers would generate a fake error message and request that the victim re-enter the authorization code. This way, amounts up to €4,000 were transferred to money mules and thence to Eastern Europe. The worrying part is that many cases were never reported to the police, because the bank preferred to refund the money to the victim rather than risking its reputation. The extent of this type of fraud is unknown.

These people lose a lot more than access to their Web site. What is the true damage caused by Windows? Some say trillions of dollars [1, 2].
______
* The bots actually identify themselves as Microsoft bots for the most part (far fewer of Yahoo! and anything else, but mostly fake Microsoft bots with forged user-agent strings that don’t make sense). We do filter out what we can, but sometimes the load takes Apache out of commission.

Links 27/7/2010: Dell Sells Ubuntu Over Phone; Linux-based Pandora Runs Mortal Kombat 3

Posted in News Roundup at 10:30 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

  • Desktop

    • Dell decides to sell Linux boxes over the phone

      TIN BOX FLOGGER Dell has quashed reports that it stopped selling machines preloaded with the Linux distribution Ubuntu.

      It was reported that Dell had given up on its Linux experiment by going back to being a Microsoft only shop, however the firm responded to those stories by telling The INQUIRER that it will continue to sell selected machines with Ubuntu installed. However, punters looking for the capable alternative to Microsoft Windows will have to order by phone.

  • Kernel Space

    • Benchmarking ZFS On FreeBSD vs. EXT4 & Btrfs On Linux

      While ZFS was not faster than EXT4/Btrfs overall, these results certainly show that this file-system is a superior choice to the UFS file-system options on FreeBSD. The performance of ZFS is certainly better than UFS and it has the much greater set of features. It would actually be nice to see ZFS enabled by default in FreeBSD in a forthcoming release or at least for it to be properly integrated with the FreeBSD installer like what has been done with PC-BSD.

  • Distributions

  • Devices/Embedded

    • Android phone sales triple this year

      “The figures suggest an increasing number of consumers are now asking for Android handsets by name,” said GfK analyst Megan Baldock. “Operating systems are no longer simply a by-product but a key selling point in their own right.”

    • Augen’s $150 Android tablet hits Kmart circular, coming to stores later this week

      We can’t say we’ve heard of Augen before, but the company certainly sparked our interest (and that of Kmart circular readers) this weekend with its $149.99 7-inch Android tablet. Oh yes, you heard right shoppers — the small Florida-based shop is bringing an Android 2.1 tablet with WiFi, 2GB of storage and 256MB of RAM to a store near you for just 150 buckaroos.

Free Software/Open Source

  • Project of the Month, June 2010

    OpenNMS was registered on SourceForge in March of 2000 as project 4141, about two months after NetSaint which later became Nagios. So it has been around for while, almost longer than any other open source management tool.

    It was designed from “day one” to be enterprise-grade, that is to manage tens of thousands, if not hundreds of thousands, of devices from a single instance. Ultimately it will be able to mange unlimited devices with a heavily distributed architecture.

  • If Oracle Bought Every Open Source Company…

    Recently, there was an interesting rumour circulating that Oracle had a war chest of some $70 billion, and was going on an acquisition spree. Despite the huge figure, it had a certain plausibility, because Oracle is a highly successful company with deep pockets and an aggressive management. The rumour was soon denied, but it got me wondering: supposing Oracle decided to spend, if not $70 billion, say $10 billion in an efficient way: how might it do that? And it occurred to me that one rather dramatic use of that money would be to buy up the leading open source companies – all of them.

  • Open Core is a bad word

    Matt Aslett continued his series on Open Core yesterday, and pointed to my post on the subject. He says, and I agree, that we can’t expect companies to call themselves Open Core as a means of differentiating from Open Source if we use pejorative phrases like “crippleware” to refer to Open Core projects.

    But that ship has long since sailed. No company has every described themselves as “an Open Core company” to anyone except VCs, as shorthand for their business model. In the software business, Open Core has no-one defending it, and it has no brand value. In fact, in free software circles, Open Core has been a pejorative phrase almost since it was coined – fauxpen source, popularised by Tarus Balog, cites Open Core as a synonym, and pretty much every mention of it which I have found has not been by a vendor referring to themselves, but by an analyst or commentator referring to a class of business models.

  • Openness/Sharing

    • Liberate U.S.: Do government legal files belong to the people?

      Years ago, as young student serfs toiling on the law school legal plantation, several of my peers and I “had a vision.” It was not as big as some, but hopeful and liberating nonetheless, of legal information being freely accessible to all Americans.

    • Navigating the Wild West of non-peer-reviewed science

      Peer review serves as a critical sanity check for the scientific literature. It is by no means a perfect system—flaws ranging from outright fraud to subtle errors can easily slip past reviewers—but peer review can generally identify cases where a paper’s conclusions aren’t supported by the underlying data, or the authors are unaware of other relevant papers, etc. As a result, peer review acts as a key barrier to prevent scientifically unsound ideas from attracting undeserved attention from the scientific community.

  • Standards/Non Standards

    • OpenGL 4.1 Specification Released

      The Khronos Group announced today the release of the OpenGL 4.1 specification, which has been defined by Khronos’ OpenGL Architecture Review Board (ARB). The previous version of the specification, OpenGL 4.0, was unveiled in March.

    • What is Google Punch? A New Google Docs Format

      A Google staff member posted a video on YouTube demonstrating a particular Google Spreadsheet function today, but when she selected a file format to launch – there was a new option on the drop down menu. Called Punch, the video made no mention of the file type and we’ve been unable to find any mention of it elsewhere. Internally, at least, it appears that something very new is in the works at Google Docs.

Leftovers

  • Curated computing is no substitute for the personal and handmade

    But I fear that when analysts slaver over “curated” computing, it’s because they mean “monopoly” computing – computing environments like the iPad where all your apps have to be pre-approved by a single curating entity, one who uses the excuse of safety and consistency to justify this outrageous power grab. Of course, these curators are neither a guarantee of safety, nor of quality: continuous revelations about malicious software and capricious, inconsistent criteria for evaluating software put the lie to this. Even without them, it’s pretty implausible to think that an app store with hundreds of thousands (if not millions) of programs could be blindly trusted to be free from bugs, malware, and poor aesthetic choices.

  • HP guns for printer ink competition

    HP has asked the US International Trade Commission (ITC) to have a look at some of the inkjet ink supplies and components that are being shipped to the Land of the Free.

  • Science

    • What Caffeine Actually Does to Your Brain

      More important than just fitting in, though, caffeine actually binds to those receptors in efficient fashion, but doesn’t activate them—they’re plugged up by caffeine’s unique shape and chemical makeup. With those receptors blocked, the brain’s own stimulants, dopamine and glutamate, can do their work more freely—”Like taking the chaperones out of a high school dance,” Braun writes in an email. In the book, he ultimately likens caffeine’s powers to “putting a block of wood under one of the brain’s primary brake pedals.”

    • Quark discoverer: Decoherence, language and complexes

      BEFORE my interview with Murray Gell-Mann officially begins, we have lunch. We are at the Santa Fe Institute (SFI) in the foothills of New Mexico’s Sangre de Cristo mountains, and here, lunch is a communal affair.

  • Security/Aggression

    • Guv: At least 2 state workers behind ‘The List’
    • The quiet threat: Cyber spies are already in your systems

      Is your company’s data under surveillance by foreign spybots looking for any competitive advantages or weaknesses they can exploit? This might sound farfetched, but such electronic espionage is real. It’s an insidious security threat that’s a lot more common than you probably realize.

    • Sixteen Years in Prison for Videotaping the Police?

      The ACLU of Maryland is defending Anthony Graber, who potentially faces sixteen years in prison if found guilty of violating state wiretap laws because he recorded video of an officer drawing a gun during a traffic stop. In a trend that we’ve seen across the country, police have become increasingly hostile to bystanders recording their actions. You can read some examples here, here and here.

    • Police chief: Yes, my plods sometimes forget photo laws

      The Metropolitan Police Force cannot be guaranteed to abide by the law when it comes to allowing the public their right to take photographs.

      That was the startling admission made last week by Met Police Commissioner John Stephenson under sharp questioning from Liberal Democrat London Assembly Member Dee Doocey during a Police Authority Meeting on 22 July in City Hall. Video footage of the exchange is available on the Metropolitan Police Authority site, with relevant footage from around the 68 minute mark.

    • Who controls the off switch?

      We have a new paper on the strategic vulnerability created by the plan to replace Britain’s 47 million meters with smart meters that can be turned off remotely. The energy companies are demanding this facility so that customers who don’t pay their bills can be switched to prepayment tariffs without the hassle of getting court orders against them.

  • Finance

    • SpongeTech Strikes Out in Bankruptcy

      SpongeTech Delivery Systems, which makes soap-filled sponges in such shapes as (appropriately) SpongeBob SquarePants and whose advertising has dazzled fans at sporting events, has filed for bankruptcy protection

      According to Crain’s New York Business, the Manhattan sponge maker’s demise began after the company’s chief executive was charged with fraud in May. Prosecutors said CEO Michael Metter helped to fake 99% of the company’s supposed sales, and he was charged with conspiracy and obstruction of justice.

    • Hedge Fund Owner in Rothstein Case Agrees to Surrender Bulk of Assets

      Fort Lauderdale, Fla., millionaire George Levin, whose Banyon Investors Fund was the primary feeder fund that funneled about $830 million into Scott Rothstein’s Ponzi scheme, has agreed to surrender the bulk of his assets under a bankruptcy settlement.

  • Censorship/Privacy/Civil Rights

    • US Newspaper starts charging online commenters token registration fee

      Newspapers have come up with various methods to monetise online content; for example, New Zealand’s The National Business Review has introduced a paywall for some of its online material.

      However, The Sun Chronicle in Attleboro, Massachusetts may be taking the search for new revenue streams just a little too far. It has announced that it will start charging its readers to comment on stories on the paper’s website. Before posting their thoughts on any story, readers must register their name, address, phone number, and a credit card number with the paper. Registered readers are charged a one-time fee of 99 cents for their commenting privileges.

    • Court: Violating Terms of Service Is Not a Crime, But Bypassing Technical Barriers Might Be
    • Privileged Information in a ‘WikiLeaks’ World

      “The advent of something like WikiLeaks kind of makes the traditional concept of prior restraint obsolete,” says Lee Levine, a name partner at Levine Sullivan (Levine is not advising The Times or any parties on the WikiLeaks matter).

    • UK ISP TalkTalk Monitoring its Customers Online Activity Without Consent

      Broadband ISP TalkTalk UK could be about to incur the wrath of privacy campaigners after some of its customers spotted that their online website browsing activity was being monitored and recorded without consent. The situation has caused a significant amount of concern with many end-users worried about the impact upon their personal privacy.

    • Italy: Internet press freedom under threat

      Guilia Bongiorno, president of the parliamentary judiciary committee, decided on 21 July that amendments to paragraph 29 of article 1 of the so-called Wiretapping Bill were “unacceptable”. The amendments targeted the article’s extension of the print press rectification obligation to the web. By eliminating even the possibility that this complex topic will be debated in parliament, the deicison threatens to make freedom of information on the web its first victim.

  • Intellectual Monopolies

    • Intellectual Property Rights and Innovation: Evidence from the Human Genome

      This paper provides empirical evidence on how intellectual property (IP) on a given technology affects subsequent innovation. To shed light on this question, I analyze the sequencing of the human genome by the public Human Genome Project and the private firm Celera, and estimate the impact of Celera’s gene-level IP on subsequent scientific research and product development outcomes. Celera’s IP applied to genes sequenced first by Celera, and was removed when the public effort re-sequenced those genes.

    • Copyrights

      • Fighting With Teenagers: A Copyright Story

        I signed on to the website that is most offensive to me, got an account, and typed my name into the Search box. I got 4,000 hits. Four thousand copies of my music were being offered for “trade.” (I put “trade” in quotes because of course it’s not really a trade, since nobody’s giving anything up in exchange for what they get. It’s just making illegal unauthorized copies, and calling it “trade” legitimizes it in an utterly fraudulent way.) I clicked on the most recent addition, and I sent the user who was offering that music an email. This is what I wrote:

        Hey there! Can I get you to stop trading my stuff? It’s totally not cool with me. Write me if you have any questions, I’m happy to talk to you about this. jason@jasonrobertbrown.com

        Thanks,
        J.

        Nothing too formal or threatening, just a casual sort of suggestion.

        But I wasn’t content to do it with just one user. I started systematically going through the pages, and eventually I wrote to about four hundred users.

        The broad majority of people I wrote to actually wrote back fairly quickly, apologized sincerely, and then marked their music “Not for trade.” I figured that was a pretty good result, but I did find it odd – why list the material at all if you’re not going to trade it?

      • Woot To AP: You Owe Us $17.50 For Copying Our Content

        When Woot announced last week that it was going to be acquired by Amazon.com, just about everyone wrote about it. However, of the many media organizations that covered the deal, only one has floated a policy that would charge bloggers for the kind of excerpting that’s historically been considered fair use. So, when the Associated Press, in writing about the Woot-Amazon deal, borrowed some of Woot’s own verbiage, the deal-a-day site struck back and told the wire service it expected $17.50 for the words. Or the AP could just buy two pairs of Sennheiser in-ear headphones and call it even.

      • RIAA suffers big setback in Tenenbaum case

        The music industry suffered another high-profile legal setback on Friday when a federal judge reduced a damages award against a file sharer found liable for copyright violations.

      • Judge Cuts File-Sharing Fine to $67,500
      • RIAA Appeals Reduction of Tenenbaum P2P Judgment

        Disagrees with Judge Nancy Gertner’s ruling that the $675,000 fine is “unconstitutionally excessive” and formally appeals the case to the United States Court of Appeals for the First Circuit.

      • Curse of the Greedy Copyright Holders
      • Indian Ocean Pokes at Record Companies, Gives away Latest Album for Free [Kill Piracy]

        Indian Ocean, a favorite of PI team (and our readers) has poked at Recording companies and decided to give away their latest album, 16/330 Khajoor Road for free. The album has seven songs and Indian Ocean is giving away free song from the album starting July 25th, 2010.

      • BitTorrent Releasers Slice The Top Off Movie Piracy Pyramid

        Online movie piracy has largely enjoyed a fairly predictable structure during the last decade. New releases have generally hit the Internet on high-security ‘topsites’ first and then trickled down to become widely available on peer-to-peer networks. TorrentFreak now takes a look at a new wave of release groups who operate with a fresh and BitTorrent-powered philosophy.

      • Peter Sunde Banned From Operating The Pirate Bay

        Earlier this year The Pirate Bay’s co-founders Gottfrid Svartholm and Fredrik Neij were banned from operating the site by a Swedish court. Today, The Pirate Bay’s former spokesperson Peter Sunde was added to this list, and now faces a fine of nearly $70,000 if he does not comply with the decision.

      • Copyright Finally Getting Around To Destroying Player Piano Music… One Century Late

        I’m reminded of this bit of history thanks to this story, brought to my attention by Glyn Moody, about how Jon “Maddog” Hall wanted to try to preserve some deteriorating piano rolls, but discovered (much to his annoyance) that copyright may be getting in the way. He points out that many old player piano rolls are deteriorating, and the small group of remaining collectors are hoping to preserve the music by digitizing them.

Clip of the Day

Ultimate Mortal Kombat 3 SNES – [Linux-based] Pandora emulation


Microsoft and Bribery, Fraud

Posted in Bill Gates, Dell, Finance, Fraud, GNU/Linux, Google, Microsoft, Search at 5:42 am by Dr. Roy Schestowitz

Money on a dark desk

Summary: A look at some of Microsoft’s latest bribes which are not a legal offence and some of the criminal acts of Microsoft and Bill Gates’ Corbis

WHEN IT COMES to Microsoft, there ought to be a distinction between “bribery” in the legal sense and “bribery” in the more metaphorical sense. Microsoft does both. Many mainstream publications accused Microsoft of “bribery” or attempted bribery when it decided to simply buy some customers rather than earn any [1, 2, 3]. Having failed to achieve much with this strategy (billions are being lost in the process), Microsoft is rebranding the same efforts and marketing them differently, this time characterising them as “charitable”. Yes, it’s like charitable bribery. George Orwell would love it!

Well, there’s a catch. In order to enable the $3 donation, users must set Bing as their default search engine.

It’s self evident. Microsoft is becoming rather scummy. But it’s marketed as a “charitable” endeavour, so how dare we criticise it? There are other miserable new attempts to crush Google’s cash cow (because Google also competes against Windows and Office, which are Microsoft’s cash cows).

“Rather sad when a company has to buy users of Bing and developers for Phone 7, don’t you think?”
      –Pamela Jones, Groklaw
According to Microsoft Nick, Microsoft is now offering another type of bribe for potential Windows phones developers. We gave several other examples last month. Groklaw says: “Rather sad when a company has to buy users of Bing and developers for Phone 7, don’t you think?” Groklaw also gives this example where Microsoft uses its employees to artificially inflate numbers.

Why can’t Microsoft attempt to earn customers and developers without bribing them? It’s a rhetorical question actually. How can Microsoft justify laying off more employees this month [1, 2]? Must it give their wages to people whom it tries to lure in?

Now we move on to some more serious charges where “bribery” means bribery in the legal sense. That’s where prosecution and jail sentence happen to those who are not affluent enough to bail themselves out (or bribe officials). Last week we wrote about the Bill Gates-owned Corbis scandal [1, 2], which came to light [1, 2] at a time when corruption in Intel and Dell also came to light. Yesterday we wrote about it again [1, 2] (also the day before that), owing to the fact that Dell fraud teaches us something about its attitude towards GNU/Linux. As the SEC put it in its press release:

Christopher Conte, Associate Director of the SEC’s Division of Enforcement, added, “Dell manipulated its accounting over an extended period to project financial results that the company wished it had achieved, but could not. Dell was only able to meet Wall Street targets consistently during this period by breaking the rules. The financial results that public companies communicate to the investing public must reflect reality.”

It seems likely that Microsoft is doing the same thing and a few months ago we wrote about the Pequot case. Coverage about this can be found in:

According to this new report, the SEC does one thing right by giving “$1 million reward for information in Pequot insider trading case”:

The money goes to Glen Kaiser and Karen Kaiser of Southbury, Conn. She’s the ex-wife of David Zilkha, a former Microsoft Corp. employee who had accepted a job at Pequot.

The SEC in general has decided to reward whistleblowers, which is the right thing to do.

The soon-to-be-signed financial reform package creates a new whistleblower program with potentially huge cash rewards for individuals who provide information about securities law violations to the U.S. Securities and Exchange Commission.

As a reminder, $4 million went to the Microsoft employee who exposed financial fraud inside the company and produced/shared documents as evidence. With the SEC’s new rules in place, how long will it take for another person who works for Microsoft to report Microsoft fraud? Microsoft paid its former CFO millions of dollars to keep quiet.

“One strategy that Microsoft has employed in the past is paying for the silence of people and companies. Charles Pancerzewski, formerly Microsoft’s chief auditor, became aware of Microsoft’s practice of carrying earnings from one accounting period into another, known as “managing earnings”. This practice smoothes reported revenue streams, increases share value, and misleads employees and shareholders. In addition to being unethical, it’s also illegal under U.S. Securities Law and violates Generally Accepted Accounting Practices (Fink).

2002 story about Charles Pancerzewski, Microsoft

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