[Meme] Judges in Haar Must Behave Themselves

Posted in Europe, Patents at 5:31 pm by Dr. Roy Schestowitz

Judges under surveillance
Spying mode or ‘full Modi’ at EPO?

Summary: Don’t forget that the Office devoted a whole unit to spying on unions and judges; it’s not like they have something to hide, right?

The EPO’s War on Justice and Assault on the Law — Part 18: Promoting the Illusion of Peace and Haar-mony

Posted in Courtroom, Deception, Europe, Law, Patents at 5:10 pm by Dr. Roy Schestowitz

Previously in this series:

Carl Josefsson's PR machine
How Josefsson’s PR machine tries to create an illusion of peace and Haar-mony.

Summary: Contrary to what EPO management has attempted to convey (using agents of Benoît Battistelli and António Campinos, including Carl Josefsson), things aren’t rosy at Haar, where European software patents and many other bad things are being approved under pressure from clueless and ruthless EPO management

Before we conclude the present series, it is worth having a look at a significant innovation to the Boards of Appeal which was recently introduced by Carl Josefsson.

Josefsson is a media-savvy individual with a past record of involvement in journalistic activities in Sweden. He knows the importance of using the media to control the official narrative disseminated to the public and to secure a position of “interpretive dominance” in any kind of public debate.

“Josefsson is a media-savvy individual with a past record of involvement in journalistic activities in Sweden. He knows the importance of using the media to control the official narrative disseminated to the public and to secure a position of “interpretive dominance” in any kind of public debate.”At the start of 2020, he officially nominated two “judicial spokespersons” with responsibility for all PR matters relating to the Boards of Appeal.

The current spokespersons are Jeannine Hoppe and Nikolaus Obrovski and their names appear on all official external communications from the Boards of Appeal.

“The current spokespersons are Jeannine Hoppe and Nikolaus Obrovski and their names appear on all official external communications from the Boards of Appeal.”Before taking up her current position at the EPO, Hoppe – who is of German nationality – worked at the German Federal Patent Court (Bundespatentgericht) in Munich. This is the very same Federal Patent Court where Raimund Lutz was the boss before he became a Vice-President of the EPO in 2011, so feel free to draw your own conclusions there, folks.

The publicly available staffing records for the Federal Patent Court – which is in fact the Federal Patent and Trademark Court – show that Hoppe sat for many years on a judicial panel for trademark litigation (a so-called “Markensenat”) presided over by Achim Bender.

Jeannine Hoppe
Boards of Appeal spokesperson, Jeannine Hoppe.

Bender was a member of the OHIM trademark Appeals Board in Alicante from 1997 until 2007. Thereafter he returned to the Federal Patent Court where he headed a trademark appeals panel until his retirement in July 2013. Immediately following his retirement and without any cooling-off period, Bender joined the high profile IP law firm Vossius & Partner as reported by JUVE in August 2013.

In parallel to her judicial position, Hoppe had a side-job as the Court’s “spokesperson” responsible for PR matters. In the latter capacity, she acted as editor of the Court’s in-house publications such as its Annual Report.

Hoppe (right) at the MARKENFORUM 2016 with Cornelia Rudloff-Schäffer (German Patent and Trademark Office), Alexander Dröge, (Markenverband e.V.) and Ariane Mittenberger-Huber (senior judge at the Federal Patent Court).
Hoppe (right) at the MARKENFORUM 2016 [PDF] with Cornelia Rudloff-Schäffer (German Patent and Trademark Office), Alexander Dröge, (Markenverband e.V.) and Ariane Mittenberger-Huber (senior judge at the Federal Patent Court).

She also appeared as a speaker at events such as MARKENFORUM 2016 – a get-together for trademark law professionals in the exclusive five-star Hotel Bayerischer Hof in the centre of Munich. The annual MARKENFORUM events are organised by the industry lobby group Markenverband e.V. which represents the interests of brand-oriented businesses in Germany. Attendance at the 2016 event cost between € 690 (members) and € 890 (non-members).

The other key member on Josefsson’s PR team is Nikolaus Obrovski.

Nikolaus Obrovski
Nikolaus Obrovski, a vital cog in Josefsson’s PR machine.

Obrovski – who is of Austrian nationality – joined the EPO in 2014 as a member of the legal research department of the Boards of Appeal, at that time under the direction of Vice-President Wim van der Eijk.

In 2017 Obrovski was promoted to the position of personal assistant to the new President of the Boards of Appeal, Carl Josefsson. More recently in 2019, it was announced that he had been appointed as a legal member of the Boards of Appeal.

“More recently in 2019, it was announced that he had been appointed as a legal member of the Boards of Appeal.”Before joining the EPO in 2014, Obrovski had quite a varied career.

After studying law at the Johannes Kepler University Linz in Upper Austria, he started off as a judge in Vienna. In 2008, he was assigned to the so-called Amstetten “incest case” where he acted as an examining magistrate.

“In September 2008 after taking testimony from Fritzl in a courtroom, Obrovski ordered a visit to the basement “dungeon” of the “House of Horrors” in Amstetten in order to clarify certain factual details.”This was a high profile investigation into the activities of the Austrian engineer, Josef Fritzl, who stood accused of taking his daughter Elisabeth prisoner shortly after she turned 18, sexually abusing her and fathering seven children with her while keeping her in captivity in a secret basement room for 24 years.

In September 2008 after taking testimony from Fritzl in a courtroom, Obrovski ordered a visit to the basement “dungeon” of the “House of Horrors” in Amstetten in order to clarify certain factual details.

Josef Fritzl
Josef Fritzl (right) revisiting the scene of his crimes as ordered by Judge Obrovski in September 2008.

From contemporaneous newspaper reports it emerges that Obrovski wanted to visit the basement of the house in order to verify details about its construction, in particular in relation to the last door used to seal the “dungeon” from the outside world. He specifically wanted to hear about Fritzl’s alleged “escape plan” for his daughter and the children should anything have happened to him during her long years of her involuntary confinement.

“It would appear that this close encounter with the darker side of human nature led Obrovski to start looking for another job which might offer a “change of scenery”.”Fritzl failed in his attempt to persuade authorities that he had arranged for the door to open in case he fell ill or died. Austrian media said that his story of a time-release clock that would let them out was “not convincing”. No such mechanism was found in the “dungeon”.

When he was put on trial in 2009, Fritzl pleaded guilty to all charges with the exception of murder and grievous assault. On 19 March 2009, he was sentenced to life imprisonment without the possibility of parole for 15 years.

“Soon afterwards he took up a new position as a legal affairs attaché of the Permanent Representation of Austria to the European Union.”It would appear that this close encounter with the darker side of human nature led Obrovski to start looking for another job which might offer a “change of scenery”.

Soon afterwards he took up a new position as a legal affairs attaché of the Permanent Representation of Austria to the European Union.

Nikolaus Obrovski's signature
Obrovski was the legal affairs attaché of Austria’s Permanent Representation to the EU.

Some time later Obrovski was recruited by the European Commission as a senior lawyer in the Directorate General of Internal Market and Services, where he was assigned to the department responsible for copyright law.

Nikolaus Obrovski speaking
Obrovski, speaking at the centenary commemoration event of BUMA in 2013.

During his time at the European Commission, Obrovski was a frequent guest speaker at IP events such as the conference organised by BUMA, the Dutch music royalty collecting society, to mark the occasion of its centenary in 2013.

Well-informed sources from Austria have indicated that Obrovski is of Danube Swabian ancestry. His father is reputed to be Roman Obrovski, retired head of the Austrian Public Employment Service (ArbeitmarkserviceAMS) in Upper Austria.

If this information is correct, then Obrovski’s grandfather was a prominent member of the Danube Swabian community from the Vojvodina in northern Serbia, many of whom sought refuge in Austria and Germany at the end of the Second World War.

Refugee camp no. 65 near Linz which housed many Danube Swabians in 1945.

Refugee camp no. 65 near Linz which housed many Danube Swabians in 1945.

Many of the Danube Swabians who fled to Austria in 1945 were initially housed in a settlement near Linz where Nikolaus Obrovski (Senior) was in charge of Refugee Camp no. 65.

According to an obituary published in the Sudetenpost in 1977, Obrovski (Senior) came from Semlin (Zemun), now a suburb of the Serbian capital Belgrade, but formerly part of the territory of the Austro-Hungarian Empire (prior to 1918).

18 - Nikolaus Obrovski Senior - Sudetenpost 1977

During the Second World War, he is reputed to have worked as a journalist for the newspaper, Novo Vreme, which was the main propaganda organ of the Serbian collaboration government under General Milan Nedić. In cooperation with German agencies and local publishers, the paper took part in anti-Semitic and anti-communist propaganda campaigns.

“One key element of the current PR strategy is to project a public image of Josefsson as a thoughtful and cultivated patron of the arts.”But that’s enough of the serendipitous digressions down historical wormholes.

It’s time to return to the main focus of the present part, namely the modern and much more subtle propaganda machine currently operated by Josefsson at the EPO Boards of Appeal.

“A good example can be found in the recently released video about the EPO’s art collection where he waffles on about “art as a creative motor”.”As might be expected, the main function of Josefsson’s PR “Nebelwerfer” is to disseminate a smokescreen of “fake news” and “BS” in an attempt to mask the facts on the ground.

In this way, Josefsson tries his level best to maintain a carefully manufactured illusion of peace and Haar-mony inside his fiefdom – “Friede, Freude, Eierkuchen” as the Germans say.

One key element of the current PR strategy is to project a public image of Josefsson as a thoughtful and cultivated patron of the arts. A good example can be found in the recently released video about the EPO’s art collection where he waffles on about “art as a creative motor”.

This video has echoes of an earlier puff piece about the Boards’ exile to Haar published [PDF] by the Süddeutsche Zeitung in July 2018. Translation into English is available. [PDF]

“It’s almost as if Josefsson thinks that by posing as a connoisseur of modern art he can succeed in deflecting attention away from the serious governance problems afflicting the EPO, including his own Boards of Appeal.”On that occasion, Josefsson did his best to impress the German interviewer with his enthusiasm for the works of the “Master of Eglfing-Haar”, Eugen Gabritschevsky (1893 – 1979), a Russian biologist and artist who was committed to the psychiatric hospital in Haar in 1931. Gabritschevsky was diagnosed with schizophrenia and spent the remainder of his life in the hospital where, over a period of around thirty years, he produced an impressive body of art consisting of thousands of paintings and drawings.

It’s almost as if Josefsson thinks that by posing as a connoisseur of modern art he can succeed in deflecting attention away from the serious governance problems afflicting the EPO, including his own Boards of Appeal.

Nice try, Calle. Let’s see how far you get with it.

“Observers of EPOnia can expect to see Calle’s PR engine ratcheting into top gear as the date for the hearing in the referral procedure G 1/21 approaches.”But while you’re at it, don’t forget what “Honest Abe” Lincoln is reputed to have said about trying to fool the people.

Observers of EPOnia can expect to see Calle’s PR engine ratcheting into top gear as the date for the hearing in the referral procedure G 1/21 approaches.

It’s clear that his “judicial spokespersons”, Hoppe and Obrovski, will have their work cut out for them trying to whitewash the procedural shenanigans that have been going on in this case so far.

In the next part we intend to conduct a review of the current status of the case and speculate a little about what might – or might not – happen before the final decision is announced.

Links 23/5/2021: New Libreboot Release and KDE Goals Update

Posted in News Roundup at 3:39 pm by Dr. Roy Schestowitz

  • GNU/Linux

    • Audiocasts/Shows

      • Are “Mainstream” Linux Distros Better?

        Sometimes, I ramble on for long periods of time in front of the camera. Today’s video is a great example of this. I read a viewer email that asks several important questions regarding transitioning from “noob” to “power user”, if distros matter, and if desktop environments matter.

      • First experience with XFCE

        Today, we’re going to take a look at the last major desktop environment that I have never really touched, and that’s XFCE. This is the first video in a series that will cover the desktop, the default apps, and the customization options.

    • Kernel Space

      • Kernel hacker Brendan Gregg: What is Observability

        When I was a performance consultant I’d show up to random companies who wanted me to fix their computer performance issues. If they trusted me with a login to their production servers, I could help them a lot quicker. To get that trust I knew which tools looked but didn’t touch: Which were observability tools and which were experimental tools. “I’ll start with observability tools only” is something I’d say at the start of every engagement.

      • [EasyOS} Kernel 5.10.39 compiled with Paragon ntfs3 driver
      • Graphics Stack

        • The Forge Rendering Framework Adds Runtime API Switching, New Shader Translator – Phoronix

          The Forge rendering framework that picked up Vulkan and Linux support a few years back is out this week with a new release.

          This cross-platform rendering framework can be used by game engines for helping with much of the graphics heavy lifting. Notable with The Forge 1.48 is support for Variable Rate Shading, MSAA being implemented, run-time graphics API switching, a new Python-based shader language translator for going from their FSL shaders to the native graphics language shaders, OpenGL ES 2.0 support improvements, and a variety of other graphics rendering enhancements.

    • Benchmarks

      • Intel Tiger Lake Performance On Ubuntu 21.04 Benchmarks – Phoronix

        With recently showing desktops and servers enjoying better performance on Ubuntu 21.04 through high end hardware like Xeon Ice Lake, you might be wondering what this means for mobile Linux performance… Here are some quick weekend benchmarks of the Dell XPS laptop with Core i7 1165G7 “Tiger Lake” on Ubuntu 20.10 versus 21.04.

        Curious if these Ubuntu 21.04 performance improvements carried through to Intel-powered laptops, I ran some benchmarks on a Core i7 1165G7 laptop across the two latest Ubuntu releases.

    • Applications

      • Best EPUB Readers For Linux In 2021

        EPUB is the short form of Electronic Publication and you might have seen number of book that you have downloaded from internet in this format. Yes this is a common e-book format used by many E-Book software. In this post, we have listed out the some of the top and the best EPUB readers for Linux based operating systems exclusively in 2021.

      • The Shutter Screenshot Tool Finally Ported to GTK3

        By releasing version 0.96, the feature-rich screenshot application is finally ported to GTK3, making first step to get back to Ubuntu universe repository.

        Shutter 0.96 does no longer depends on goocanvas, Gnome wnck, GTK2 version of image viewer widget, unique and appindicator module. Instead, it now requires GTK3 version of image viewer widget, GooCanvas2, and libwnck-3.

        The release also remove the option “Captures only a section of the window”. because it didn’t work with the way how modern Qt and Gtk were drawing their windows anyway.

    • Instructionals/Technical

      • How To Install Polr on CentOS 8 – idroot

        In this tutorial, we will show you how to install Polr on CentOS 8. For those of you who didn’t know, Polr is a quick, modern, and open-source link shortener. It allows you to host your own URL shortener, brand your URLs, and gain control over your data. Polr assists you in promoting your online brand since it is more convenient to share short links and gain better insights by tracking clicks to each individual link.

        This article assumes you have at least basic knowledge of Linux, know how to use the shell, and most importantly, you host your site on your own VPS. The installation is quite simple and assumes you are running in the root account, if not you may need to add ‘sudo‘ to the commands to get root privileges. I will show you through the step-by-step installation of Polr URL shortener on a CentOS 8.

      • How to Rotate a Video in VLC (And Save It) – Make Tech Easier

        Watching a movie or other clip with a conventional 16:9 or old-school 4:3 aspect ratio is a cinch on VLC player. But the rise of smartphones has brought with it one unfortunate side effect – filming videos horizontally (or vertically), then rotating the camera after you started recording.

        This means that when you open the culprit video in a video player like VLC, you need to rotate it to make it properly watchable. Here we show you not only how to rotate a video in VLC but how to save it after it’s been rotated.

      • How to play Cities Skylines on Linux

        Cities Skylines is a 2015 city-building game developed by Colossal Order and published by Paradox Interactive. The game is single-player and allows for building cities and infrastructure on a massive, realistic scale. In this guide, we’ll show you how to play it on Linux.

      • Create Debian 11 Bullseye Bootable USB drive – Linux Shout

        Creating a bootable USB drive is not a difficult task, we just need the right software for our Linux operating system. Due to the limited shelf life of DVDs or CDs, people are moving towards Pen drive, thus this is the reason why most of us are now using USB drives to install operating systems on our Laptop or PC.

        Here we will learn the process of how to create a Debian 11 or 10 Buster bootable Pen drive…

      • DNF, YUM and RPM package manager comparison – The Linux Juggernaut

        We have been using the yum or rpm package management tools for a while for managing packages in Redhat, Centos and other distributions which have been forked from RHEL.
        Yum has been the default package manager since Redhat Enterprise Linux 5 onwards. Before yum, RHEL systems had been using the up2date software management program.
        The DNF package manager was introduced in Fedora 18 and became the default package manager for the Fedora distribution for operating system version Fedora 22 onwards and is intended to be a replacement for yum.

        In this article, we will compare these package managers to provide some perspective as to when and why you should consider using one over the other.

      • Google Cloud basics: Activate Cloud Shell – The Linux Juggernaut

        Google CLoud like it’s popular contemporary cloud vendors offers a means to manage cloud resources via the command line. The folks at GCP refer to this command line interface as cloud shell and it uses the gcloud sdk. One of the benefits of using cloud shell is that it can be launched directly from the Google Cloud console. In this post, we’ll demonstrate how to familiarize yourself with cloud shell while explaining some Google Cloud terminology along the way.

      • Install, Configure & Use Fail2ban on Ubuntu 20.04 LTS Server

        Bloggers and Developers who are running and managing their own servers, well of course they are responsible for its security as well. If in today’s world we don’t give heed to security then there is the possibility that our server would become a target of attackers – and cause damage. Well, although there are various online WAF, however, to harden the server an open-source program is available called Fail2Ban. It ensures that the IP address of an attacker is blocked for a certain period of time after several unsuccessful attempts and thus prevents an unlimited number of attempts that could later lead to finding out the password.

      • How to install Lubuntu from a USB drive | FOSS Linux

        Lubuntu is an open-source Linux distribution based on Ubuntu. The OS is super light, has fewer resource requirements, and uses the LXQT modern desktop environment. Before you initiate the installation process of Lubuntu, you need to download the correct Iso image that matches your computer’s specs.

        Lubuntu supports 64-bit operating systems with an up-to-date release every six months for short-term support versions and a long-term version release every 2 years. It is unfortunate for 32-bit system users since they dropped releasing new versions for Operating systems below 18.04LTS. However, the 18.04LTS for the 32-bit system is supported until 2021.

        As discussed earlier, you realized that Lubuntu offers two types of releases. The Long-Term Support (LTS) is recommended to many because its image is fully supported to function well with updates via the kernel and short-term support, which is less supported than the long-term support. LTS is generally supported for as long as three years.

      • Install and Use XRDP on Ubuntu for Remote Desktop Connection

        This is a beginner’s guide that shows the steps you need to follow for setting up XRDP on Ubuntu-based Linux distributions. With this, you can access your Ubuntu system from a different computer and use it graphically.

      • How to install Tomcat 9 on Ubuntu / Debian

        Tomcat is an open-source web server for Java-based web applications. It is used in development with Spring and JSP. In this guide, you will learn how to install and configure Tomcat version 9 on Ubuntu, Debian, or any of their derivatives.

        Apache Tomcat is an open-source web server, allowing you to execute java code. It can execute Java-related technologies such as Java Servlet, JSP, Java Expression Language, WebSockets, etc. Being open-source, Tomcat is mainly developed and maintained by open community developers under the Apache software foundation.

        So let’s how to install and configure Tomcat in Ubuntu or Debian and demonstrate a JSP program.

      • Setting up PostgreSQL 13.2 on Server Fedora 34
      • How to add shadows to transparent images using CSS

        This is an transparent image that I made in Inkscape. The shadows is added with CSS.

    • Games

      • Sunday Section – May 23, another round-up of Linux and gaming topics

        It’s time for the Sunday Section once again here on GamingOnLinux, going over some Linux gaming topics and other miscellaneous Linux topics we missed recently. Grab a coffee and enjoy a little read.

        Collabora have written up a new blog post about their continuing work with virglrenderer, a virtual OpenGL renderer. The idea is to get OpenGL performing well inside virtual machines to help with all sorts of workloads (like gaming!). Collabora has been using Perfetto, an open-source project for performance instrumentation and tracing, to analyse virglrenderer and they’ve managed to give a number of applications a nice little bump in performance like the Unigine Heaven benchmark seeing a 6.2% increase in FPS.

        Mike Blumenkrantz. currently under contract with Valve, has another blog post up on their with with Zink, the OpenGL over Vulkan driver. Blumenkrantz mentions a huge amount of work went into it recently to reduce the driver overhead, a working disk cache implementation and more. The work has resulted in a huge performance boost of Zink being “100%-1000% faster” where “in most scenarios where it was previously much slower than native GL drivers”. Quite a big win there then.

      • Cloud Gaming: Is it Going Anywhere? (Survey Results)

        And so we start sharing some of the results of the survey we have conducted with many of you in the course of April 2021, with our Linux Gamers Survey for Q2 2021. This time we will focus more specifically on the Cloud Gaming section. By the way, you may want to check the very informative article from cow_killer about the different Cloud Gaming options available for Linux gamers.

        In the survey, we were interested to see how many of you have already used any of the available Cloud Gaming solutions in the past. Turns out, most of you have not!

      • Steam on ChromeOS: “A win-win situation for both Google and Valve”?

        Following the recent release of our new podcast with Luke Short, please find the transcript below! You may not be familiar with him yet, but Luke Short is a former Red Hat employee and is currently employed at VMWare, specialized in cloud deployments (Kubernetes) – in his private time he happens to have a liking for Chromebooks and ChromeOS. Back in March 2021, he wrote a full article dedicated to the progress of several technologies that would make it possible at some point to run Steam directly on Chromebooks (x86 ones). We have therefore invited him to learn more about this topic. “Steam will run on ChromeOS” also happens to be is one of the most common predictions we had compiled for 2021 along with active folks on the Linux gaming scene.

    • Desktop Environments/WMs

      • K Desktop Environment/KDE SC/Qt

        • KDE Goals Update – May 2021

          Hello! This is the first entry in a hopefully reoccurring series of blog posts about the KDE Goals.

          The purpose of this series is to provide a frequent update about the Goals, to highlight what cool things are happening.

          Of course, our Goal Champions can still create additional content about their goals in any form they want: short blog posts, videos, in-depth articles, etc. This blog will aggregate that content and also give the champions a way to share quick updates without spending too much time blogging.

          And with that, let’s take a look at the updates!

        • Window decorations revisited (or: using the right tool for the job)

          KDE’s approach is so much better and more sane than the CSDs in GNOME. CSDs have wreaked havoc in the world of GTK desktops, with Xfce in particular suffering hard due to its use of Xfwm, causing a giant rift between the looks of Xfwm and the CSDs of many GTK applications. The main issue here is that a title bar is a title bar for a reason – I don’t want it littered with buttons and other widgets that belong to the application, not the window.

    • Distributions

      • Top 10 reasons to install elementary OS

        Elementary OS is fast privacy concerning Windows and macOS replacement. This OS is designed with an emphasis on security, user-friendliness, and beauty. If you cherish the look and feel of macOS, then you should try out the Elementary OS. It is ranked as one of the easiest to use Linux distros ever.

        You might have come across this exciting operating system or plan to install it in the future, and you have no clue where to begin and why to install it. Here is a comprehensive guide on why you should install the elementary OS.

      • New Releases

        • antiX 19.4 Lightweight Linux Distro Released with Updated IceWM

          AntiX is a lightweight Linux distro that can run on old computers without any problems. The project releases its latest bug-fix, updated version antiX 19.3 based on stable Debian 10 Buster.

          The goal of antiX is to provide a light, but fully functional and flexible free operating system for both newcomers and experienced Linux users. You need at least 256MB RAM, and the installer needs minimum 4.0GB hard disk size. So, If you are looking to revive your old hardware with Linux, well you can give antiX a try.

      • Canonical/Ubuntu Family

        • Utkarsh Gupta: Hello, Canonical! o/

          Today marks the 90th day of me joining Canonical to work on Ubuntu full-time! So since it’s been a while already, this blog post is long due. :)


          Those who know, they know that this is really very exciting for me because Canonical has been a dream company for me, for real (more about this below!). And hey, this is my first job, ever, so all the more reason to be psyched about, isn’t it? ^_^

    • Devices/Embedded

    • Free, Libre, and Open Source Software

      • FSF

        • GNU Projects

          • Libreboot 20210522 released!

            Libreboot is free (as in freedom) boot firmware, which initializes the hardware (e.g. memory controller, CPU, peripherals) in your computer so that software can run. Libreboot then starts a bootloader to load your operating system. It replaces the proprietary BIOS/UEFI firmware typically found on a computer. Libreboot is compatible with specifical computer models that use the Intel/AMD x86 architecture. Libreboot works well with GNU+Linux and BSD operating systems.

            The last Libreboot release, version 20160907, was released on September 7th in 2016. This new release, Libreboot 20210522, is being released today on May 22nd, 2021. This is a testing release, so expect there to be some bugs. Every effort has been made to ensure reliability on all boards, however.

            You can find this release in the testing directory on Libreboot release mirrors. If you check in the stable directory, you’ll still only find the 20160907 release in there, so please ensure that you check the testing directory!

          • Libreboot Sees First New Release In Nearly 5 Years, Supports More Old Motherboards

            Libreboot as the Coreboot downstream focused on providing a fully open-source BIOS/firmware replacement without any black boxes / binary blobs is out with a new release. The prior tagged release of Libreboot was all the way back in 2016 while has now been succeeded by a new release albeit in testing form.

            Libreboot 20210522 allows more Intel GM45 / X3X era hardware to work with this fully open-source alternative to proprietary BIOS/UEFI firmware. New boards supported by this Libreboot release include the Acer G43T-AM3, Lenovo ThinkPad R500, Lenovo ThinkPad X301, and Intel G43T-AM3. Yeah, it’s quite hard in 2021 to get excited about Socket 775 motherboards or 45nm Penryn laptops. Libreboot is largely limited to supporting these outdated platforms due to its focus on being fully open-source and not using any Intel FSP binaries, etc.

      • Programming/Development

        • Java

          • 3 reasons to learn Java in 2021 | Opensource.com

            Java was released in 1995, making it 26 years old as I’m writing this. It was proprietary at first, but in 2007, Java was released as open source under the GPL. To understand what makes Java important, you have to understand the problem it claims to solve. Then you can understand why and how it benefits developers and users.

            The best way to understand what Java solves is to develop software, but just using software is a good start, too. As a developer, your troubles are likely to begin when you send software that works perfectly on your own computer to some other computer; it probably won’t work. It should work, but as any programmer knows, something always gets overlooked. This is compounded when you try the software on another operating system (OS). It’s why there are so many download buttons on any given software site: a button for Windows, for macOS, for Linux, for mobiles, and sometimes even more.


            All the popular programming languages have great support systems in place. It’s what makes popular languages popular. They all have lots of libraries; there are integrated development environments (IDEs) or IDE extensions for them, example code, free and paid training, and communities of developers. On the other hand, no programming language seems to have quite enough support when you get stuck trying to make something work.

            I can’t claim that Java can differentiate itself from these two universal but contradictory truths. Still, I have found that when I need a library for Java, I inevitably find not just one but several options for a given task. Often I don’t want to use a library because I don’t like how its developer chose to implement the functions I need, its license is a little different from what I prefer, or any other trivial point of contention. When there’s bountiful support for a language, I have the luxury of being very selective. I get to choose one—among many perfectly suitable solutions—that will best achieve any requirement, however trivial.

            Better yet, there’s a healthy infrastructure around Java. Tools like Apache Ant, Gradle, and Maven help you manage your build and delivery process. Services like Sonatype Nexus help you monitor security. Spring and Grails make it easy to develop for the web, while Quarkus and Eclipse Che help with cloud development.

  • Leftovers

    • Health/Nutrition

      • European generics decry increasing delays from divisionals [Ed: As if without patents there will be no medicines; in reality, the patents prevent access to medicine, including generics, hence killing people needlessly]

        Sources from the generics industry claim long delays for opposition hearings and abuse of the divisional system has led to business uncertainty

    • Integrity/Availability

      • Proprietary

        • Security

          • Toggling Spectre Mitigations On Xeon Scalable Ice Lake Show Little Runtime Difference

            As usual when getting my hands on a new processor family, I was curious about the performance difference if booting the Xeon Platinum 8380 “Ice Lake” processors with the Spectre security mitigations disabled at run-time. Ultimately there was very little difference when using the standard “mitigations=off” option for these new Intel server processors.

            Intel 3rd Gen Xeon Scalable “ice Lake” processors are not affected by Meltdown, MDS, L1TF, ITLB Multihit, SRBDS, or TAA, but do still require kernel protections involving Spectre V1/V2/V4. Spectre V1 mitigation on the Ice Lake server CPUs involve usercopy/SWAPGS barriers and __user pointer sanitization, Spectre V2 on these new CPUs involves enhanced IBRS (Indirect Branch Restricted Speculation) and conditional IBPB (Indirect Branch Prediction Barrier) and RSB (Return Stack Buffer) filling.

    • Environment

    • Censorship/Free Speech

      • Around the IP Blogs

        SpicyIP analysed an interim order which was recently issued by the Delhi High Court, discussing the right to be forgotten and directing Google to remove a judgement on the petitioner’s acquittal from their search results and Indian Kanoon to block the judgment from being accessed by search engines.

      • Walking the Tightrope of the Right to be Forgotten: Analysing the Delhi HC’s Recent Order

        We’re pleased to bring to you a guest post by Sriya Sridhar, analysing an interim order recently issued by the Delhi High Court discussing the right to be forgotten and directing Google to remove a judgement on the petitioner’s acquittal from their search results and Indian Kanoon to block the judgment from being accessed by search engines. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law.


        India’s tryst with the RTBF, vis-à-vis court orders, has been a journey of inconsistency, in the absence of data protection legislation. In 2016, the Kerala High Court passed an interim order requiring IndianKanoon to remove the name of a rape victim published on the website which had published two judgments rendered by the Kerala High Court in writ petitions filed by her. The court recognised the petitioner’s right to privacy and reputation, without explicitly using the term RTBF. In 2017, a petitioner approached the Gujarat High Court for “permanent restraint on public exhibition of judgment and order” on an online repository of judgments and indexing by Google, as he had been acquitted of several offences by the Sessions Court and High Court and the judgment in question was classified as ‘unreportable’. Unlike in Kerala, the Court dismissed the petition on the grounds that the petitioner was not able to point out any provisions in law that posed a threat to his right to life and liberty, and that publication on a website did not amount to ‘reporting’ of a judgment since it is not a law report. Once again, RTBF was not discussed in detail.

        The Karnataka High Court then took a turn in the opposite direction, in 2018. The petitioner’s daughter had instituted civil and criminal proceedings against a person, subsequently reaching a compromise and stipulating that the proceedings would be quashed. The petitioner contended that his daughter’s right to privacy would be violated due to her name being present in the cause title. Holding in the petitioner’s favour, the Court directed the registry to mask her name throughout the order, and endeavour to ensure that any internet search of the order does not reveal her name. The reasoning behind this was that this would be in line with the “trend” in Western countries where RTBF is followed as a rule in sensitive cases involving the modesty of women. While this observation is inaccurate even in the context of the RTBF judgments in the EU, this judgment causes even more confusion given that the RTBF was not located in the right to privacy or Article 21 even post the Puttaswamy judgment.

    • Monopolies

      • KOL337 | Join the Wasabikas Ep. 15.0: You Don’t Own Bitcoin—Property Rights, Praxeology and the Foundations of Private Law, with Max Hillebrand

        Stephan Kinsella is an incredible scholar of the Austrian school of praxeology, his major contribution is the advancement of the arguments in favor of property of scarce goods, and against intellectual property of non-scarce goods.

      • Misleading Invoices: Four Years Behind Bars!

        We are constantly warning you about the danger of misleading invoices. Such letters requesting payment or offering a service seem to come from the BOIP, EUIPO, WIPO or another official body. However, be careful, these are scams!

        Trademark registers can be viewed by everyone, even by crooks. Said crooks regularly take note of the contact details of the trademark owners in order to send them misleading invoices. Please be warned that fraudulent invoices are becoming more and more convincing.

        While unfortunately such fraudulent behaviors are rife, it is a relief to see that some scammers are from time to time punished!

        Indeed, following a case brought in 2011 by the BMM (Benelux Association for Trademark and Design Law), the District Court of Brussels sentenced four years of prison to one member of a large criminal network.

      • IP Forecast: Customer Service Secrets Row Heads To Jury
      • New Report On Protection And Enforcement Of IP Rights [Ed: There is no such thing as "IP" (they mean something else) and those things they allude to are not rights either. Law firms like Freylinger need to study the basics of the area they operate in...]

        The European Commission (Commission) has published its Report on the protection and enforcement of intellectual property (IP) rights in countries outside of the European Union in which the state of IP protection and enforcement gives rise to the greatest concern and provides an update of the existing Commission’s list of priority countries.

      • Patents

        • IPLAC Fireside Chat on PTAB [Ed: Wolves to have a fireside 'chat' with sheep... they've long hated PTAB for tossing out loads of fake patents]

          Vice Chief Administrative Patent Judge Michael Tierney of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board and George “Trey” Lyons, III of McDonnell Boehnen Hulbert & Berghoff LLP will look at changes to, and the impact of the COVID-19 pandemic on, AIA Trial Proceedings, including: discretionary denials, motion to amend pilot program, § 101, and appealability, as well as lessons learned from the pandemic that will influence PTAB practice moving forward.

        • In-house reveal Brazil prosecution plans after SC ruling [Ed: Always just looking for something to sue, sue, sue]

          With the Brazil Supreme Court having removed the guarantee of a 10-year term for successful patents – retroactively for pharma and medical device technologies – in-house counsel are planning to analyse the patent landscape and speed up prosecution, according to five sources.


          President Joe Biden named Colleen Chien as a senior counsellor at the US Department of Commerce’s Office of General Counsel on Tuesday, May 18.

          Chien had been spoken of as a potential candidate for USPTO director, and it is unclear whether she could still take up that role.
          She is a professor at Santa Clara University School of Law and previously served in the Obama administration as senior adviser on intellectual property and innovation to the chief technology officer. She was also a volunteer as part of the Biden-Harris transition team.

          Chien was one of Managing IP’s 50 Most Influential People in IP in 2013. She was recognised for her work studying and fighting patent assertion entities – which included coining that term as an alternative to non-practising entity.

          In 2019, she wrote a letter, along with Mark Lemley of Stanford Law School, Melissa Wasserman at the University of Texas School of Law and several other professors, expressing concern about the proposed STRONGER Patents Act.

          The act was intended to strengthen US patent rights [sic] by reforming injunctive relief and inter partes reviews at the Patent Trial and Appeal Board.

          Chien and the other signatories argued against a provision of the bill that would have limited petitioners to filing one petition per patent claim, and said that the provision ignored the realities of patent litigation.


          China has indicated apparent support to a call from developing countries to waive intellectual property rights for COVID-19 vaccines.

          “China fully understands and is supportive of the developing world’s demand for [an] IP rights waiver for COVID-19 vaccines,” foreign ministry spokesman Zhao Lijian said on Monday, May 17, according to the South China Morning Post.

          “This would be in line with the idea that COVID-19 vaccines are a ‘global public good’, and part and parcel of [China’s] efforts to build a global community of health for all,” he added.

        • [Guest post] The TRIPS Waiver Debate: Why, and where to from here?

          I have been asked many times what I make of the debates about the TRIPS waiver. I had decided not to comment, especially on social media where it seems to be 50 shades of black and white. After listening to the “for” and “against” debate in the European Parliament, however, I decided to put a few thoughts on paper (well, on the screen) because for or against the waiver strikes me as the wrong debate.

          First, it is not a matter of being for or against *the* waiver. In the end, there is likely to be *a* waiver, with specific provisions about, inter alia (think of it as turning three knobs): (a) which rights are waived; (b) for which purpose and (c) for which period of time. It is possible that the WTO will actually vote on this waiver, though WTO practice would more typically look for a text-based consensus, turning the three knobs (and finding other knobs to turn) until everyone can agree—if at all possible. But whatever the outcome of that debate, it is unlikely fully to address four key issues concerning the effectiveness of the waiver, nor does it directly answer deeper questions about the future of pharmaceutical research.


          This should be possible, as some very recent pre-pandemic applications concerning mRNA vaccines for coronaviruses (not SARS-Cov-2) have not only been published but already granted (for example Moderna’s US patent 10,933,127 B2, issued March 2021).

          One might also ask whether voluntary licenses (presumably with know-how transfer) are or will be available. In that context, some observers who know the inner workings of the WTO have suggested that the push for the waiver may be a way to get leverage in discussion between governments and pharmaceutical companies.

          My second issue is: what idle capacity exists? Production capacity is necessary for third party manufacturers (and then people) to benefit from the waiver. It looks like this capacity exists, as Teva, among others, seems ready willing and able to produce vaccines. As far as I can see (and I may well be wrong), precise idle capacity had not been well documented until fairly recently.

        • European Commission defends compulsory licences over patent removal [Ed: Too many patent maximalists inside the European Commission]

          The European Commission defended using compulsory licences rather than lifting patents on Covid-19 vaccines on Wednesday, calling the United States’ stance in favour of the latter “a nice media stunt.”

          “Whatever respect one may have for [US President] Joe Biden, this announcement on the lifting of patents is just a nice media stunt, given that the United States exports almost no vaccines or vaccine components,” said Frédérique Ries (MR, Renew Europe).

          Ries called for encouraging knowledge sharing and technology transfer, as well as the establishment of production facilities, especially in Africa.

        • Horticulture protects innovation with more than just a patent [Ed: Patenting seeds, plants and animals as if humans 'invented' them...]

          An important comment on the figures is that not all innovations in horticulture are protected by a patent. Confidentiality, plant breeders’ rights, trademark rights and copyright are other intellectual property rights that are used in this sector, among others, to a greater or lesser extent. In the top sector of horticulture, for example, plant breeders’ rights are used by many more companies and secrecy is also, as can be read in the report, ‘in many cases a valuable alternative to patents’.

        • Six questions for an IP market at a critical turning point [Ed: The patent maximalists, funded by EPO and other thugs, keep berating officials that care for people and patients instead of patents]

          The confirmation that the Blackberry patent portfolio is up for sale will test the market’s appetite for the kind of mega-deal that we haven’t seen in some time. There are also indications that key parts of the LG Electronics portfolio are open to offers. The prospect of big legacy patent holdings being on the move is always a good story, but I’m equally interested in novel deal structures. One of the most interesting transactions so far this year was the settlement of a long-running dispute between SK Hynix and Netlist, which involved a chip supply agreement – a valuable asset indeed amidst a semiconductor shortage that nobody expects to ease soon. What other fresh approaches to IP deals might result from the exigencies of this very strange business environment we’re in?

        • What is Likely to Drive Chinese Patent Filings in the Coming Years?

          Chinese companies have filed the most number of patents in 2020 at the European Patent Office.

          Pharmaceuticals and biotechnology patents had the biggest jump in filings last year, which is unsurprising given the global health concern brought on by the coronavirus. Most research and development (R&D) projects undertaken last year targeted a cure for the coronavirus.

          With 3,113 applications, Huawei was again the most active patent applicant from China at the EPO, followed by Guangdong Oppo Mobile (715), Xiaomi (603), BOE Technology (556), and ZTE (458).

        • CRISPR-Cas9 – from Nobel prizes to priority [Ed: A firm of chronic liars is lobbying for patents on nature and on life as though these are inventions]

          Against the backdrop of a year characterised by heightened awareness of the biotech and pharmaceutical sectors, the Nobel Prize in Chemistry 2020 was fittingly awarded to Emmanuelle Charpentier and Jennifer Doudna for their contributions to the development of CRISPR-Cas9 gene-editing.

        • Counsel reveal top strategies for snagging summary judgments [Ed: "Attorneys should educate themselves on the practices of individual courts and judges" sounds like manipulative tactics, maybe even ways to select judges and courts one can control and corrupt]

          Attorneys should educate themselves on the practices of individual courts and judges, and make their arguments as simple as possible

        • Second Sight Medical trades higher on news of patent win
        • Soligenix Receives Japanese Patent for Improved Production of Synthetic Hypericin Composition

          Soligenix, Inc. (Nasdaq: SNGX) (Soligenix or the Company), a late-stage biopharmaceutical company focused on developing and commercializing products to treat rare diseases where there is an unmet medical need, announced today that the Japan Patent Office has allowed the patent application titled “Systems and Methods for Producing Synthetic Hypericin”. The allowed claims are directed to unique, proprietary methods to produce a novel, highly purified form of synthetic hypericin, and are similar to those previously allowed in the United States (U.S.). Synthetic hypericin is the active pharmaceutical ingredient in HyBryte™ (SGX301), the Company’s photodynamic therapy, for which positive primary endpoint results in a pivotal Phase 3 study for the treatment of cutaneous T-cell lymphoma (CTCL) were recently announced. This new patent is the first allowed in Japan covering the proprietary methods developed by the Company and further expands the comprehensive HyBryte™ patent estate, which includes protection on the composition of the purified synthetic hypericin, methods of synthesis and therapeutic methods of use in both CTCL and psoriasis, and is being pursued worldwide.

        • Germany: EBA set to hear case on the legality of the EPO’s video proceedings [Ed: This is a very, very major scandal but the rascals who run this EPO propaganda site, Managing IP, run “sponsored content” about it, diluting the signal (about the scandal. Managing Intellectual Property quit being about anything that even remotely resembles journalism because there’s more money in being a deceiving think tank and misleading rag than in reporting news of importance. In the coming days EPO management will bombard the media with lies and spam to distract from the absolutely horrific things happening inside the EPO, inc. stacked/kangaroo courts.]
        • European Inventor Award nominates Sumita Mitra as a finalist in the Non-EPO countries [Ed: Somewhat belated EPO spam will look to capitalise on actual scientists (i.e. not EPO autocrats) to distract from EPO corruption; they pay the media about 10 million euros to play along with this dirty games]
        • T 2255/15 – Can the Board of Appeal disregard third party observations that were only filed during the appeal proceedings? [Ed: The EPO cannot obey even the most basic laws]

          In the present case, the appeals lodged by the opponent and the patent proprietor lie from the interlocutory decision of the opposition division that the European patent No 1 369 037 in amended form. Third party observations were submitted in an early stage of the appeal proceedings, as well as in later stages, objecting to novelty and to inventive step w.r.t. newly field documents (existing grounds, but new facts, arguments and evidence). The patent proprietor requested that the third-party observations, with all the documents and annexes referred to in the observations, not be admitted into the proceedings as they were late-filed. However, the RPBA seems to only impose constraints on late-file submissions by parties, as does Art. 114(2) EPC, and not by third parties. How did the Board handle these third party observations: were they admitted and, if so, to what extent?


          I. The appeals lodged by the opponent and the patent proprietor lie from the interlocutory decision of the opposition division that European patent No 1 369 037 in amended form according to the fourth auxiliary request comprising the set of claims filed on 12 May 2015 met the requirements of the EPC.

        • Software Patents

          • The tech dilemma: Should I patent my app? [Ed: Dennemeyer's Irene Corn is lying to or giving false hopes to people, basically relaying the lie that software patents stand a chance in court. All they care about is patents, patents, and more patents, never mind their legitimacy.]

            Factors like the rise of the vast network of data-sharing devices known as the Internet of Things have led to smartphone apps becoming deeply rooted in consumers’ daily lives, addressing needs ranging from navigation and finance to leisure and health. Google and Apple Maps are some of the most obvious big names, but for a more recent example, consider the Corona-Warn app available in Germany, which helps track actual or possible exposure to COVID-19 and contact with others.

          • The Arthrex Decision and its Cure [Ed: Dennis Crouch, openly funded by patent litigation firms that lobby hard for software patents, is working overtime to undermine PTAB, which tosses out lots of abstract patents that oughtn't have been granted (maths)]

            The Supreme Court should release its Arthrex decision within the next 3-4 weeks on whether PTAB Judges were appointed in accordance with US Constitutional requirements. Officers of the United States must be nominated by the President and confirmed by the Senate; inferior Officers may be appointed by a head-of-department if authorized by Congress. US Const. Art. II, Sec. 2, Cl. 2. PTAB Judges were implicitly deemed inferior officers by Congress and appointment authority given to the Secretary of Commerce. However, in Arthrex, the Federal Circuit ruled that the Judges had significant independent authority and thus must be considered Principal Officers. The case was argued to the Supreme Court on March 1, 2021 and the court is set to decide (1) whether the PTAB judges are Principal Officers; and (2) if so, what result? The outcome has the potential to impact several thousand PTAB decisions — either by rendering them void or by confirming their validity.

            The Cure: As part of its Arthrex decision, the Federal Circuit struck-out an employment protection provision as it applied to PTAB Judges; and then ruled that, without those employment protections that PTAB judges were reduced to inferior officers. The court then ruled that its on-the-fly ointment applied cure to any post-Arthrex PTAB decision.

      • Trademarks

        • Think Outside The… Square?

          Another chocolate dispute in trademark matters is ruled by the German Federal Court.

        • EUTM data: French figures show ‘unique’ pharma TM conundrum [Ed: "Managing IP speaks to a division of pharma company Servier," but as usual it fails to speak to anyone but the most extreme elements, such as the litigation 'industry' and patent trolls. Bias is their product.]

          In our fifth and final data-led article on EUTM filings, Managing IP speaks to a division of pharma company Servier, and others, to assess trademark filing trends in France

        • By Chloe Co-Founder is Suing Bain Capital, Other Investors in Trademark Battle Over the Buzzy Vegan Brand

          In the midst of a pre-existing play for control over “by Chloe,” the swiftly-growing vegan restaurant chain that she co-founded in 2015, Chloe Coscarelli has filed a trademark infringement lawsuit against private-equity firm Bain Capital LP and a number of the other big-name investors in furtherance of what Coscarelli calls a case about “a circle of greed.” According to the complaint that she filed in a New York federal court on Monday, Coscarelli claims that the defendants, which “include some of the largest private equity firms in the world with over $130 billion in assets under their management, teamed up with ESquared Hospitality and James Haber … to profit off [her] name,” and in the process, “prioritized their own financial self-interest over what was right and lawful.”


          In the midst of Haber’s “scheme to ‘milk’ Chloe’s name” without her involvement or authorization, Coscarelli asserts that her corporate entity Chef Chloe LLC and ESquared “were litigating various disputes” related to ownership of the company. For one thing, Coscarelli had filed a trademark infringement, federal unfair competition, and breach of contract suit against ESquared in March 2018, in which she sought a judgment declaring that Chef Chloe LLC still maintained a 50 percent stake in the company and approval rights in connection with her name, and an injunction barring ESquared from using her name in connection with any products/projects beyond the restaurant chain without her authorization. And in a May 2020 decision, an arbitrator sided with Coscarelli.

          In addition to finding that ESquared did not have the right to seize Coscarelli’s stake in the company as a result of a previous dispute, the arbitrator held that an operating agreement entered into by Chef Chloe LLC and ESquared “did not strip Chef Chloe of approval rights for future expansion of trademark usage as one of its penalties for termination as a member.” Ultimately, as Dorsey & Whitney’s Melonie Jordan previously wrote, “The arbitrator stated that Chef Chloe must ‘abide by the deal that she made with the company to continue to use her first name as the name of the restaurant, but likewise [ESquared] must abide by the terms of the deal that it struck with Chef Chloe not to expand the use [of] the trademark beyond fast casual restaurants without getting her pre-approval.’”

          Fast forward to early this year, and Judge Jesse Furman of the U.S. District Court for the Southern District of New York confirmed the arbitrator’s determination, including that Coscarelli maintains an undiluted 50 percent interest in the by Chloe brand, as well as approval rights for the usage of her name when it comes to “expanding the use [of] the trademark beyond fast casual restaurants,” and awarded Coscarelli over $2.2 million in attorneys’ fees and costs.

Using a Single-Board Computer to Monitor IPFS

Posted in Hardware at 10:34 am by Dr. Roy Schestowitz

IPFS lights-based monitoring on self-hosted SBC
IPFS lights-based monitoring on self-hosted SBC (blue is for status, green and red for upstream and downstream payloads)

Summary: IPFS is light and simple enough to run from one’s home, even on a low-voltage machine, and the code below can be used as a baseline for monitoring IPFS activity 24/7

# 2019-04-22
# 2020-11-07

from blinkt import set_pixel, show
from random import randint,random,shuffle,randrange
from time import sleep
import argparse
import signal

def solid(r,g,b,s):
    while True:
        for pixel in range(8):
            set_pixel(pixel, r, g, b)
def random_lights3():
    while True:
        for pixel in range(8):
            r = randint(0, 255)
            g = randint(0, 255)
            b = randint(0, 255)
            set_pixel(pixel, r, g, b)
def random_lights2():
    while True:
        p=sorted(p, key=lambda x: random())
        for pixel in p:
            r = randrange(0, 255, 16)
            g = randrange(0, 255, 16)
            b = randrange(0, 255, 16)
            set_pixel(pixel, r, g, b)
def random_lights1():
    while True:
        p=sorted(p, key=lambda x: random())
        for pixel in p:
            r = randrange(0, 255, 8)
            g = randrange(0, 255, 8)
            b = randrange(0, 255, 8)
            set_pixel(pixel, r, g, b)
def spacer(r,g,b,seconds):
    while True:
        for pixel in range(8):
            set_pixel(pixel, r, g, b)
            next = (pixel+1)%8
            set_pixel(next, 0, 0, 0)
def reversed_spacer(r,g,b,seconds):
    while True:
        for pixel in reversed(range(8)):
            set_pixel(pixel, r, g, b)
            prev = (pixel-1)%8
            set_pixel(prev, 0, 0, 0)

def cylon(r,g,b,seconds):
    while True:
        for pixel in reversed(range(8)):
            set_pixel(pixel, r, g, b)
            prev = (pixel-1)%8
            if prev < pixel:
                set_pixel(prev, 0, 0, 0)
        for pixel in range(8):
            set_pixel(pixel, r, g, b)
            next = (pixel+1)%8
            if next > pixel:
                set_pixel(next, 0, 0, 0)

def pulsed_bar(r,g,b,seconds):
    while True:
        for fade in reversed(range(steps)):
            # print (fade)
            for pixel in range(8):
                set_pixel(pixel, r2, g2, b2)

        for fade in range(int(steps/1)):
            for pixel in range(8):
                set_pixel(pixel, r2, g2, b2)


def ipfs(r,g,b,seconds):
    steps=4  # how many stages in gradient
    brightness=0.5 # how bright the lights will get
    bluebright=100 # the brightness of the blue light in the middle (0-255), albeit overriden by input
    dim=1 # increase to dim down the lights
    run = 0 # running count for periodic file access
    while True: # run always (until interruption)
    # first, open from files the required values, which change over time
      if (int(run) % 50 == 1):
        with open(r'~/RateIn', 'r') as f:   # open from file the IN value
            # print(r)
            lines = f.read().splitlines()
            r=int(lines[-1]) # read the value
    # r=int(map(int, f.readline().split())) # prototype, for multiples (stale)

        with open(r'~/RateOut', 'r') as f: # open from file OUT value
            # print(g) # show values, debugging
            lines = f.read().splitlines()

        with open(r'~/Swarm', 'r') as f: # open from file Swarm value
            # print(g) # show values, debugging
            lines = f.read().splitlines()
            # print(bluebright) 

      for fade in reversed(range(steps)):  # fade in effect
#            print(g2) # show values again, debugging
#            print(r2)

            # print(g2) # show values again, debugging
            # print(r2)

            # print (fade)
            for pixel in range(3):  # first 3 LED lights
                set_pixel(pixel, r2/20, (g2*brightness)+(pixel*1), b2/20)

            for pixel in range(5,8): # the other/last 3 lights
                set_pixel(pixel, (r2*brightness)+(pixel*1), g2/20, b2/20)
            if  (bluebright==0):
                set_pixel(3, 255, 255, 255)
                set_pixel(4, 255, 255, 255)
                set_pixel(3, 0, 0, 0)
                set_pixel(4, 0, 0, bluebright)

      for fade in range(int(steps/1)): # fade out effect
            for pixel in range(3):    
                set_pixel(pixel, r2/20, (g2*brightness)+(pixel*1), b2/20)

            for pixel in range(5,8):  
                set_pixel(pixel, (r2*brightness)+(pixel*1), g2/20, b2/20)
            set_pixel(3, 0, 0, bluebright)
            set_pixel(4, 0, 0, 0)

def flashed_bar(r,g,b,seconds):
    while True:
        for half in range(4):
        for half in range(4,8):
        for half in range(4,8):
        for half in range(4):

def handler(signum, frame):
    print("\nSignal handler called with signal", signum)
signal.signal(signal.SIGTERM, handler)
signal.signal(signal.SIGINT,  handler)

# read run-time options

parser = argparse.ArgumentParser(description="Drive 'blinkt' 8-pixel display.")
parser.add_argument("pattern", help="name of light pattern: \
random[1-3], spacer, reversed_spacer, cylon, pulsed_bar, flashed_bar")
parser.add_argument("r", metavar="r", type=int, help="red channel, 0-255")
parser.add_argument("g", metavar="g", type=int, help="green channel, 0-255")
parser.add_argument("b", metavar="b", type=int, help="blue channel, 0-255")
parser.add_argument("timing", metavar="s", type=float, \
                    help="rate of binking in seconds")
options = parser.parse_args()

pattern = options.pattern.lower()
r = options.r
g = options.g
b = options.b
s = options.timing

if pattern == "solid":
elif pattern == "random3":
elif pattern == "random2":
elif pattern == "random1" or pattern == "random":
elif pattern == "spacer":
elif pattern == "reversed_spacer":
elif pattern == "cylon":
elif pattern == "pulsed_bar":
elif pattern == "ipfs":
elif pattern == "flashed_bar":
    print("Unknown pattern")


Example runtime: run-blinkt-ipfs.py ipfs 0 0 0 0.00

Based on or derived from baseline blinkt scripts; requires the hardware and accompanying libraries being installed on the system.

For the code to run properly in the above form, given that it takes input from files, the IPFS values need to be periodically written to disk/card, e.g. for every minute of the day:

* * * * * ipfs stats bw | grep RateIn | cut -d ‘ ‘ -f 2 | cut -d ‘.’ -f 1 >> ~/RateIn
* * * * * ipfs stats bw | grep RateOut | cut -d ‘ ‘ -f 2 | cut -d ‘.’ -f 1 >> ~/RateOut
* * * * * ipfs swarm peers | wc -l >> ~/Swarm

These lists of numbers can, in turn, also produce status reports to be shown in IRC channels. When our git repository becomes public it’ll be included (AGPLv3).

[Meme] ViCo: Videoconference as ‘Courtroom’

Posted in Courtroom, Europe, Patents at 7:54 am by Dr. Roy Schestowitz

Daddy, the dog peed on the floor again... Honey, I can't talk right now, I'm in the bedroo... I mean, courtroom
At least she didn’t break into the ‘courtroom’…

Justice is blind... LOL, real sorry, lost my connection...
Get a good lawyer… and a reliable router.

Summary: Very few people (in public discourse at least) have bothered pointing out how truly laughable it is that judges and parties in high-stake disputes connect to servers of some private, for-profit, foreign company to hold a hearing from living rooms, bedrooms, and sometimes even bathrooms

EPO Deciding on the Legality of ViCo… Over ViCo

Posted in Europe, Patents at 7:35 am by Dr. Roy Schestowitz

Video download link

Summary: The EPO‘s Enlarged Board of Appeals (EBA) will start discussing the legality of ViCo under scenarios where either party (or both) in a dispute rejects ViCo even though ViCo itself is, in my assessment, totally illegal and only being pushed using the ‘carte blanche’ of “pandemic” (as if patent disputes are “essential” or even critical)

EUROPE is watching! As noted in this morning’s articles [1, 2], Benoît Battistelli‘s protégé António Campinos will certainly be hoping that loads of hearings won’t be discredited (if not invalidated). The courts have been stacked, at least temporarily, and several problematic members remain in those courts (or boards, namely EBA).

“This sad situation oughtn’t have come about in the first place, but EPOnian regimes have been through much worse and they always get away with crimes, corruption, lies, and even deaths (staff committing suicide).”Remember that those are some of the same people who promote European software patents in defiance of instructions from the Parliament, precedents in European courts, and even the EPC itself.

EBA splitWhat good is the Rule of Law if those who check compliance with the law are the very same people who undermine it? What good is an adage like “justice is blind” when those who look to judge aren’t blind at all and are moreover stakeholders in the outcome? Or in one particular outcome?

This sad situation oughtn’t have come about in the first place, but EPOnian regimes have been through much worse and they always get away with crimes, corruption, lies, and even deaths (staff committing suicide).

Links 23/5/2021: Ardour 6.7 and GNU Parallel 20210522

Posted in News Roundup at 7:19 am by Dr. Roy Schestowitz

  • GNU/Linux

    • Audiocasts/Shows

      • Linux Action News 190

        Our take on the Freenode exodus, Linux Apps going public in ChromeOS, and Red Hat’s desktop hiring spree.

        Plus the new Firefox security features in beta, great news for F-Droid, and Apple transfers CUPS to a new home.

      • This Week in Linux 152: Freenode IRC Fiasco, SUSE IPO, RHEL 8.4, Element, Sublime Text, Wine

        On this episode of This Week in Linux, we got a ton of big news. We’ve got distro news from Red Hat for RHEL 8.4, SUSE made a lot of announcements at SUSECON, we’ve got a new release from GeckoLinux making some interesting changes. In App News, we’ll talk about the latest releases of the popular text editor, Sublime Text and Element’s new featured called Spaces and why I’m excited for it. Then we’ll just into the Hardware space with new laptops from Entroware and Tuxedo Computers plus a really cool hardware topic involving Space and Satellites. Later in the show, we’ve got a topic to cover that has quite a bit of Drama attached to it, that is the news regarding the situation around Freenode IRC network. All that and much more on Your Weekly Source for Linux GNews!

      • OniVim 2: The Only Useful Graphical Vim Client

        I’ve known about OniVim 2 for quite a while but I’ve only just recently got around to actually testing it, and I’m really surprised by how good this gui vim client actually is, most of the ones I’ve tried I literally cannot see any purpose for.

      • Fedora 34 | This is the ABSOLUTE Best Linux Distro of 2021 Yet (NEW RELEASE!)

        What’s NEW In Fedora 34? GNOME 40, Boosted Performance With ZSTD Compression, Smoother System with Systemd-OOMD. Linux Kernel 5.11, and an ABSOLUTELY NEW EXPERIENCE.

    • Kernel Space

      • Linux 5.12.6
        I'm announcing the release of the 5.12.6 kernel.
        All users of the 5.12 kernel series must upgrade.
        The updated 5.12.y git tree can be found at:
        	git://git.kernel.org/pub/scm/linux/kernel/git/stable/linux-stable.git linux-5.12.y
        and can be browsed at the normal kernel.org git web browser:
        greg k-h
      • Linux 5.10.39
      • Linux 5.4.121
      • Linux 4.19.191
      • Linux 4.14.233
      • Linux 4.9.269
      • Linux 4.4.269
      • Graphics Stack

        • VirtIO-GPU/Graphics Support Is Improving In QEMU But Slowly – Phoronix

          There continues a lot of work going into Virgl for 3D guest acceleration with the open-source Linux virtualization stack as well as most recently Vulkan driver activity. However, much of that work driven by Google these days is focused on Chrome OS with “Crosvm” rather than the venerable QEMU.

          Linux developer Gerd Hoffmann provided an update on the state of VirtIO-GPU and QEMU graphics for 2021, his first update on the matter since November 2019.

        • Mumblings Of A “Big New” Open-Source GPU Driver Coming…

          It’s sounding like a vendor is readying to publish a “big” new open-source driver, likely a GPU driver, for the Linux kernel.

          It’s looking like this driver will be from one of the vendors not jiving with the well established open-source ways and requirements of the upstream kernel processes… DRM co-maintainer Daniel Vetter has posted a meme on Friday in anticipation of this pending open-source code drop…

    • Applications

      • Ardour 6.7 Digital Audio Workstation (DAW) Released

        The open source Ardour Digital Audio Workstation for Linux, macOS and Windows has been updated to version 6.7. The new version comes with new workspace streamlined for recording.

        Ardour is a free software hard disk recorder and Digital Audio Workstation (DAW) application that runs on Linux, macOS, FreeBSD and Microsoft Windows. Ardour’s core user group are people who want to record, edit, mix and master audio and MIDI projects.

        It has the features you’d expect: multi-track high sample-rate recording, non-destructive editing (NDE) non-linear editing (NLE), VST/LV2 plug-in support for both FX and synths, MIDI and control surface support, and so on.

      • Ardour 6.7 Open-Source DAW Released with Dedicated “Recorder” Tab, Many Improvements

        Ardour 6.7 comes about three months after Ardour 6.6 and introduces a dedicated “Recorder” tab or window that offers some advantages when recoding audio. For example, it provides a more compact view of the record and monitor status, a simplified timeline, support for renaming hardware inputs to match the studio connections, as well as a high-precision meter with peak-hold for every hardware input.

        The new release also introduces a new “Streaming” preset option for the export feature that defines the right defaults, especially loudness levels, for popular audio streaming services like Amazon Music, Apple Music, SoundCloud, or YouTube, and allows you to import SMF (MIDI) cue markers as global markers.

    • Instructionals/Technical

      • Sandro Tosi: QNAP: control LCD panel and speaker

        Most (if not all) QNAP models come with an LCD display, in my model i got a 2 lines by 16 characters each. The tool to control the panel is:

        but sometimes it’s a bit stubborn in executing the commands, so as mentioned here you may want to killall -9 lcdmond and then issue the command you want; this is the snippet i’m using:

        # print a msg on the panel
        killall -9 lcdmond
        /sbin/lcd_tool -1 “$LINE1″ -2 “$LINE2″
        sleep 5
        # turn off screen light
        killall -9 lcdmond
        /sbin/lcd_tool -f
        it ain’t pretty, but it gets the job done.

      • Install Debian 11 Bullseye on Docker CE to test it – Linux Shout

        Debian 11 Bulleye is the upcoming Linux distro, thus if someone wants to test out its Command-line edition then Docker is the best way.

        Whereas people, those don’t know about Docker, it is a platform to create and run the virtual container to install the various application using the Docker Images. You can create these images by yourself or use the pre-built ones available on the Docker Hub repository.

      • 15 Things to do after installing Linux Mint | FOSS Linux

        You may run into issues if you continue using Linux Mint in its default configuration. We have a list of the 15 things you must do after installing Linux Mint.

      • What Are Shell Builtin Commands and How to Identify Them?

        Shell builtins are, as the name suggests, commands that are built into the shell. This is because it’s faster to run commonly used commands from RAM rather than looking them up on the hard drive. Shell developers figure that this is a good tradeoff as loading data from the memory is faster in comparison to disks.

        A common example in many modern shells is the cd command to change directories. Because you’ll use this command many times in a single session, it makes sense to load it in the memory for faster execution.

      • 5 Ways to Safely Download Software on Linux

        It is a common misconception that there are no viruses on Linux. The fact is: they do exist. Even though it’s possible for you to check through your program files to find the infected file, it could take you months before you realize that your Linux system has been compromised.

        Trust is a delicate thing, and you shouldn’t just give it away easily. Just because something has been provided on the internet does not mean that you can trust it. You need to take certain steps to safeguard your OS and yourself.

        The security risks of negligence range from information theft and getting viruses, to having unauthorized user access to your Linux machine. Therefore, this article lists secure ways to download software on Linux.

      • Better URL management in NeoMutt with urlscan | Hund

        There’s one thing that doesn’t work ideal in Mutt or NeoMutt; URLs in messages. While my terminal emulator URxvt supports URLs and I can copy and open URLs, it’s not an ideal workflow when there’s a bunch of URLs in a single message.

        Thankfully, this is where urlscan comes in the picture and saves the day. urlscan is a piece of software that extract URLs from any message (or any text file) and then allow the user to select and open any URL in the default web browser.

        I use the text based web browser Lynx to render HTML messages. It usually looks like this:

        As you can see, there’s no visible URLs. They’re all grouped down at the bottom of the message, without any context. This can make it hard to figure out which URL I’m interested in, especially when they’re all annoying obfuscated tracking links.

        This is where urlscan comes in. When I press Ctrl+B, it opens urlscan and presents me the URLs with some context:

    • Games

      • Smach Z: Dead in 2021, Yet Portable PC Gaming Lives On

        And it looks like this is the end of the road for the Smach Z handheld project. We covered that project since the early days, and we have had a chance to test the various prototypes in hands a couple of times when they were presented in exhibitions like the Tokyo Games Show. It’s regrettable to see that they will not be going forward but the signs had been there for a while now (poor communication, unreliable commitments, very slow updates, and more and more early supporters asking for refunds).


        While I do agree it certainly did not look like a scam (scammers would have disappeared with the money long ago, without bothering to deliver any prototype after the initial Kickstarter), the Smach Z team certainly lacked transparency and announced multiple times actual delivery dates, while keeping things in the dark and coming with lame excuses after the fact over and over again. This has definitely shed a bad light on whatever they were doing and progressively destroyed any trust in the project.

      • The ace arcade action-puzzler Petal Crash has a huge free upgrade out with 70 more puzzles | GamingOnLinux

        Smash blocks together and watch the fireworks in Petal Crash, a really fantastic action-arcade puzzler that’s been far to overlook and now it’s bigger than ever.

      • The wonderful papercraft styled RPG ‘Wildermyth’ leaves Early Access on June 15 | GamingOnLinux

        Worldwalker Games have confirmed recently that Wildermyth, an absolutely brilliant papercraft styled RPG will hit the big 1.0 on June 15 when it leaves Early Access.

        For those who haven’t played it. The game mixes in elements from board games, tabletop experiences like D&D along with some well-tuned turn-based XCOM style fantasy combat. It’s a lot of fun and you can play through some fantastic stories on it right now. Now that a 1.0 release has a date they’ve confirmed the launch will come with another brand new full campaign, improved support for generic campaigns, Steam Achievements and “some other fun stuff”.

    • Distributions

      • New Releases

        • Systemd-Free antiX 19.4 Arrives with More Installer Options, Latest IceWM, and More

          Dubbed “Grup Yorum” and based on the Debian GNU/Linux 10 “Buster” operating system series, antiX 19.4 arrives about seven months after the antiX 19.3 release and introduces more installer options for those who want to fully customize their installations, such as frugal install support for encrypted partitions.

          Furthermore, the new antiX release adds the SeaMonkey free and open-source Internet suite by default in the Full and Base editions, as well as the terminal-based ytfzf tool for opening and downloading YouTube videos as a drop-in replacement for mps-tube.

        • Multimedia Production Distro AV Linux Has a New Release, Here’s What’s Changed

          Still derived from the lightweight MX Linux distribution, version 19.3 “patito feo” to be more precise, the AV Linux 2021.05.22 release is now available for download with a bunch of interesting changes.

          For example, the 64-bit version is now also available in a variant with the Openbox window manager alongside the variant with the full Xfce desktop environment, and includes various background helper scripts for Openbox. As expected, this version doesn’t feature Xfce’s window manager (xfwm), nor the xfdesktop package.

      • BSD

      • IBM/Red Hat/Fedora

        • CentOS SIG To Help Get Community CentOS Stream Features Into Next RHEL Releases

          With CentOS Stream to be the upstream of Red Hat Enterprise Linux moving forward, a CentOS special interest group is being formed that is driven by Red Hat stakeholders in helping to ensure technically interesting CentOS Stream changes made by community members are evaluated and primed for inclusion into future Red Hat Enterprise Linux releases.

          The CentOS Stream Feature Request SIG was publicly proposed this week and already voted on — and approved — by the CentOS board. This special interest group is all about making sure that interesting features by the community / non-Red-Hat members are evaluated and make it into the next RHEL releases with this SIG serving as the shim between CentOS Stream and Red Hat’s internal processes and criteria for new feature handling.

    • Devices/Embedded

    • Free, Libre, and Open Source Software

      • Web Browsers

        • New browser update

          I’m no longer looking for a new browser.

          After my previous post, a chap from my local Linux Users Group tipped me off to uBlock Origin (Legacy), which is an alternative script blocker. I’ve been using it for the last three weeks on PaleMoon 29.2.0, and it works well, though not as easy to configure as NoScript.

      • FSF

      • Programming/Development

        • Counting the number of matching characters in two ASCII strings

          Suppose that you give me two ASCII strings having the same number of characters. I wish to compute efficiently the number of matching characters (same position, same character). E.g., the strings ‘012c’ and ‘021c’ have two matching characters (‘0’ and ‘c’).

  • Leftovers

    • Issuing of digital ID verification services encounters glitches Friday

      The issue started around 12.15 a.m. Friday during planned work but continued into Friday morning and daytime, meaning new ID-cards, residence permit cards and digital IDs could not be issued at Police and Border Guard Board (PPA) offices in the morning, though this problem was ironed out a little after 11.15 a.m., BNS reports, meaning issuing ID cards and digital IDs can go ahead now.

    • SMART ID and Mobile ID new registrations back online

      SMART ID and Mobile ID are two of the three major ways of online ID verification used in Estonia, along with the national ID card. The solutions are used for a range of different day-to-day activities, including accessing online banking and online medical data.

      While these services were working for existing users, new certificates could not be issued, meaning those wanting to obtain an account via either solution could not do so.

    • Science

      • How do we counter anti-science nonsense?

        In today’s society, reality is fiction and people substitute their own ignorance for the facts and call it “equal”.

        As America wakes up slowly from its long slumber to the national COVID-19 nightmare, with perhaps a million dead so far, about 22% of the population, including some in my own family, say they’ll refuse to take any vaccine.

        Unfortunately, as the REO Speedwagon song started out “Heard it from a friend, who heard it from a friend, who heard it from another.”, and this is concisely and exactly the problem we’re dealing with on outlets like Facebook in regards to antivax movements.

        The folks who bash vaccines and fluoridated water are not innocent or well-meaning people who are concerned with your health. Frequently, they want to pitch dangerous herbs and snake oil concoctions that you really ought to hope do nothing except cost money.

    • Education

      • More Than 125,000 Myanmar Teachers Suspended for Opposing Coup

        A total of 125,900 schoolteachers had been suspended as of Saturday, said the official of the teachers’ federation, who declined to give his name for fear of reprisals. He is on the junta’s wanted list on charges of inciting disaffection.

        Myanmar had 430,000 schoolteachers according to the most recent data, from two years ago.

      • Time for open book exams

        It would have made sense in a different era when information was expensive and inaccessible to memorise facts with the hope of using it some time in life. We live in an Information Age, and everything is available at our fingertips. I remember my maths teacher harassing me to learn the multiplication table. Calculators were a novelty then, but I dared to ask her why I should know the multiplication table when we all would be having calculators soon. The answer she gave is still fresh in my memory even after 40 years. “Do you think you will have a calculator with you every time?” Yes, teacher.

    • Health/Nutrition

    • Integrity/Availability

      • Proprietary

        • Cyber-Attack on Air India Led to Data Leak of 4.5 Million Fliers

          [Attackers] infiltrated the servers of Air India Ltd. and gained access to personal data of 4.5 million fliers, the nation’s flag carrier said.

          Personal data of passengers registered between August 2011 and February 2021 were compromised in the attack, the carrier said in a note to fliers that was shared via Twitter. The details included credit card and contact information and frequent flier data.

        • Ransomware Moves from ‘Economic Nuisance’ to National Security Threat [iophk: Windows TCO]



          While Blount, the Colonial Pipeline CEO, defended his decision to pay a ransom as “the right thing to do for the country,” law enforcement officials and cybersecurity experts say such hefty payments embolden cyber criminals to carrying out more attacks.

        • FBI warns Conti ransomware gang struck health and emergency networks [iophk: Windows TCO]

          The Federal Bureau of Investigation said that the same group of online extortionists blamed for striking the Irish health system last week have also hit at least 16 U.S. medical and first response networks in the past year.

          In an alert made public Thursday by the American Hospital Association, the FBI said the cybercriminals using the malicious software dubbed ‘Conti’ have targeted law enforcement, emergency medical services, dispatch centers, and municipalities.

          The alert did not name the victims or go into detail about the nature or severity of the breaches, saying only that they were among more than 400 organizations worldwide targeted by “Conti actors.”

        • Application Compatibility Hell: Microsoft set to remove Internet Explorer from Windows 10. (But 99% of it will linger.)

          Even NPR commented on Microsoft getting ready to remove Internet Explorer from Windows 10, but I thought I’d chime in and mention that you can do that today if you want to.

          Microsoft Edge has a thing called Internet Explorer Mode that can reload a site using the Trident engine from Internet Explorer.

          Due to the architecture of Internet Explorer, Trident is an embeddable component and Internet Explorer is just a small shell around that component. Internet Explorer Mode does not require the “Internet Explorer 11” feature to be turned on, so you can “remove” Internet Explorer and this Mode will still work in Microsoft Edge, should you turn it on.

          I’ve been trying out opening sites in IE Mode in Edge, and it’s pretty clear that Trident has aged quite badly and the only reason why you’d ever do this is if you ended up with some crap web application that nobody is going to fix anytime soon. Like the beneficiary enrollment page on One Walmart.

        • QBittorrent Developer: “Apple app notarization is extortion pretending to be security. Issue closed.” Bonus: Ancient operating systems. (Windows)

          A developer of the popular Bittorrent protocol client “QBittorrent” closed the “Won’t run on macOS Catalina” bug (due to Apple’s fake security scam of software signing+notarization) by closing the issue.

          After a discussion, it wasn’t even about the $100 a year it would cost to get to get an Apple developer account so they could give a program away for free, or wondering if they could even get Apple to sign off on a Bittorrent app if they did, but that the infrastructure that you have to put in place to build, sign, and notarize Mac apps is daunting and not worth the pitiful amount of Mac users that it would bring in.

          So, the way to make it run is still turn off Gatekeeper, at least for however long Apple allows it.

          It’s not really your computer anyway. It ain’t done til GNU/Linux won’t run…. Oh wait, this too has happened.

        • Security

          • Privacy/Surveillance

            • Instagram Embed Feature Sparks Copyright Suit From Users

              Now, the world’s most popular photo sharing app is itself being sued.

              Two users on Wednesday sued Instagram, claiming its embed feature is designed to flout copyright laws to make money for its parent, Facebook.

              “Instagram misled the public to believe that anyone was free to get on Instagram and embed copyrighted works from any Instagram account, like eating for free at a buffet table of photos by virtue of simply using the Instagram embedding tool,” writes attorney Solomon Cera in the complaint, which is embedded below.

            • Facebook’s crusade to make itself unusable and irrelevant proceeding at full pace.

              According to TorrentFreak, Facebook and their subsidiary, Instagram, reveal the tools they use to take down your videos (usually a birthday party or a trip to the zoo with background music, as “infringing content”.

              I keep telling my spouse that it doesn’t do any good to take videos of us to post to Facebook as they’ll mute them anyway due to music playing in the background.

              The only amusing thing about Facebook is that they’re sweating bullets that Apple’s new tool that gives the user some control over how Facebook abuses them might run their stock price into the ground.

              They still, technically, have Android phones to plunder at will, but those of us who have a Facebook and are well aware that the Android app is spyware, can grab a shim app for Facebook out of F-Droid, which doesn’t give it any access to our phone.


              When they started watching the security cameras, they figured out who was stealing company time, and the people who were goofing around on their phones also tended to steal sodas and other small items from the front of the store. No telling what they were doing on their phones, but “Social” Media would be a good guess. Long story short, they fired about 1/6th of all workers in the department without affecting overall productivity too much.

              You probably aren’t hiring a mass murderer just because they don’t have a Facebook account, but if you hire someone with an iPhone and Facebook, you stand an excellent chance of getting a time clock thief who rips you off for Pepsi and stuff.

              Beyond this, since Facebook is filled with Dark Triad personality types, why would you want to spend much time there?

    • Defence/Aggression

    • Environment

      • Energy

        • Pope Francis to get all-electric popemobile from EV startup Fisker

          The pontiff met Thursday with Henrik Fisker and Geeta Gupta-Fisker, founders of the California-based electric car startup Fisker, who provided him with renderings of the vehicle they plan to deliver during the fourth quarter of next year. It will be based on the Fisker Ocean SUV the company plans to put in production in 2022.

    • Finance

      • Progressives Slam Biden for Slashing His Own Infrastructure Plan by $600 Billion
      • Bitcoin, other cryptocurrencies plunge after China announces ban

        Cryptocurrencies that seemed to be defying gravity just weeks ago came back down to earth with a bump on Wednesday after a roller-coaster ride which could undermine their potential as mainstream investments.

        The two main digital currencies, bitcoin and ether, pared back their losses in early afternoon trading after two of their biggest backers — Tesla Inc. chief Elon Musk and Ark Invest’s chief executive officer Cathie Wood — reiterated their support for bitcoin.

      • Five reasons why cryptocurrencies are raising alarm

        Interest in cryptocurrencies has surged over the past year, and policymakers are scrambling to catch up. Investors have rushed into major digital currencies such as bitcoin and a growing industry of financial products tied to them, prompting regulators to lay out new rules for a rapidly growing world.

        Financial regulators appointed by President Biden have recently pledged to crack down on any manipulation or abuse within the cryptocurrency industry, while advocates for the industry insist the government must lay out clear, consistent rules for all to follow.

    • AstroTurf/Lobbying/Politics

      • Jeffrey Epstein prison guards admit to falsifying records, make deal to avoid jail time

        Staffing shortages at the agency are so severe that guards often work overtime day after day or are forced to work mandatory double shifts. Violence leads to regular lockdowns at federal prison compounds across the U.S. And a congressional report released in 2019 found that “bad behaviour is ignored or covered up on a regular basis.”

      • Pro-Palestinian activists target Facebook with 1-star app store reviews

        Inside Facebook, the campaign is being treated very seriously and has been categorized as an SEV1, which stands for “severity 1,” a descriptor used internally when there is a major issue with the website, according to screenshots of internal message boards reviewed by NBC News. An SEV1 is the second-highest priority site event after SEV0, which is used when the website is down.

      • What you need to know about options to pay for infrastructure

        Biden in late March released a $2.25 trillion infrastructure proposal, called the American Jobs Plan, that he mainly proposes to pay for through higher taxes on corporations. Republicans are interested in a smaller bill, and are strongly opposed to Biden’s proposed corporate tax increases.

    • Censorship/Free Speech

      • Covid: India tells social media firms to remove ‘India variant’ from content

        The IT ministry said the World Health Organization (WHO) listed the variant as B.1.617 and any reference to “Indian” was false.

        Geographical terms have been used to describe a number of other variants, including the UK and Brazil.

        India’s government has faced criticism over its handling of Covid-19.

        It also drew anger last month after it ordered Twitter to remove posts critical of some of its actions during the pandemic.

    • Civil Rights/Policing

    • Monopolies

      • How food brands stem cannabis knock-offs [Ed: A lawyers' mouthpiece and propaganda tag basically frames #monopolies on #cannabis as a "health" and "safety" issue, as if competition will kill people. This is a typical lie of very dishonest people.]

        It’s important for companies to police the cannabis sector, both to protect young consumers and to keep the industry open for themselves, say counsel

      • KOL336 | Are Patents Actually Harmful? Interview with Dan Engerer

        Kinsella on Liberty Podcast, Episode 336. From April 22, 2021. “Here I interview the great Stephan Kinsella and discuss whether or not patents and intellectual property are actually a good thing. We get into philosophy, practical advice, and more.” Related links: C4SIF.org Resources A Selection of my Best Articles and Speeches on IP Do Business Without Intellectual Property

      • Federal Judge unimpressed with Tim Cook’s testimony.

        Per NPR, the first day of testimony in Epic’s lawsuit against Apple did not go well for CEO Tim Cook.

        It seems that the judge was the most skeptical of Cook’s arguments that the program that reduces “commissions” to Apple for small developers were sufficient, or that consumers had sufficient choice in the In-App Payments market because Android phones exist.

        Of course, that argument is ridiculous. Google’s commissions are exactly the same. The issue here is that the commissions themselves are too high and raise prices for the user. When Epic put it’s own in-app payment system into Fortnite, it passed some of the savings to the user. It cost 20% less than paying through Apple or Google.

        Jamie Zawinski had previously complained that Apple deliberately did things to discourage developers from giving away apps for iOS that are really free. For example, Google charges $25 once to get a Google developer account, and Apple charges $100 a year. Apple pressures people to make money so that they can take 30% of it.

        NPR goes on to mention the fact that iPhone sales have been stagnant for years. This is true, and there has not been a “next product” because Apple isn’t an innovative company. If they lose the in-app purchase revenue, money they are effectively stealing from their user (since the developer isn’t just absorbing it), they hit the skids.

      • “Tim Apple” testifies in court on the App Store monopoly.

        Today, Tim Cook (“Tim Apple” as Trump called him), testifies on Apple’s App Store monopoly.

        Of course, people should know that they’re going to try to excuse their behavior on creating a “good experience” for users and to “keep things safe” from malware, and from a child that may not use the computer correctly.

        The problem with this model is that Apple has been using their monopoly to profit from doing essentially nothing except imposing ridiculous rules on app developers, censoring apps, and taking nearly a third of gross sales for providing a distribution service.

        Apple’s model makes the user lose on numerous fronts, and it makes software more expensive and costs jobs in the economy.

        They also can’t guarantee it’s secure. At issue is Fortnite adding its own payment method to bypass Apple’s store siphoning off their revenues.

        How did it get past app review? The code was set to do nothing for a while, so that it would get through the review and then activate later.

        If a payment mechanism can do that, so can malware, and once malware runs on a device it’s too late. It can gain more permissions by exploiting bugs in the firmware, and become a rootkit. At that point, it would be difficult for Apple to even get rid of it.

      • Tim Cook’s Fortnite trial testimony was unexpectedly revealing

        Epic mustered its own arguments: people can still choose to keep their phones locked down, and they might want to access stores with even more carefully curated apps or even better privacy controls. It’s previously accused Apple of hypocrisy, pointing out anecdotal failures to catch specific apps (like a game called Ganja Farmer: Weed Empire) that violate App Store guidelines. “It’s not 100 percent. It’s not perfect. You will find mistakes being made,” Cook said when Apple’s counsel asked about those incidents. “But if you back up and look at it in the scheme of things, with 1.8 million or so apps on the store, we do a really good job.”

      • Apple’s Tim Cook grilled by judge overseeing Epic’s Fortnite trial

        Apple says its control over the App Store promises security and reliability for users. Epic says it stifles competition.

      • Apple App Store profits look ‘disproportionate,’ U.S. judge tells CEO Cook
      • FOSS Patents: Friday for Fortnite

        No, I don’t want to gloat, but it’s mind-boggling what happened yesterday in that Oakland courtroom at the end of the main part (they’re done apart from closing arguments on Monday) of the Epic Games v. Apple App Store antitrust trial. It’s fair to say that at this point the question is most likely about remedies. Epic is on the winning track with respect to liability as Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California laid bare the bankruptcy of Apple’s defenses. Being an App Store complainant myself (though I tried what I could to work things out), that’s what I had hoped, but the hurdle was and remains high.

        After my final pretrial post and Twitter thread, I didn’t comment on the trial itself or on the issues in it. I just noted some suspicious Twitter activity.

        I dialed in only for opening statements (followed by Epic Games CEO Tim Sweeney’s testimony, which was almost inaudible) and for Apple CEO Tim Cook’s testimony yesterday. In between, I just read other people’s tweets (mostly not even in real time), particularly the ones by Protocol’s Nick Statt (here’s his report on how the judge “saved her best for last”) and The Verge’s Adi Robertson (here’s his article, which contains a partial transcript of how Judge YGR grilled Tim Cook), but also others.

        After the first couple of days, I was profoundly worried. The judge had tough questions for Epic, and some of the answers might have been tactically suboptimal. The inflection point in the early phase of the trial was the testimony of Lori Wright, a Microsoft Xbox exec. As far as I could see on Twitter, it was just perfect and definitely eye-opening.

      • Innovation needed to cut energy consumption in EV production [Ed: More greenwashing of an immensely corrupt institution, the EPO]

        Electric Vehicles (EVs) have grown in popularity in recent years, with governments and industry queuing up to announce bold green commitments and new product launches. Over the past decade, we’ve seen EVs arrive from manufacturers like Tesla and Nissan. However, 2021 will see scores of new entrants from big brands and new start-ups will appear.


        Moreover, a recent report from the European Patent Office (EPO)[2], which analysed the trends and innovations in battery storage patent filings, shows that while patent filings for battery recycling have increased, they remain significantly low, at just 436 in total between 2000 and 2018. These figures indicate that there is an urgent need for further investment, and research into developing new methods so that recycling rates can keep up with the surge in EVs and avoid further environmental damage. This is needed more than ever, as industry analysts predict that by 2030 the world will generate 2 million metric tons of used Li-ion batteries per year[3].

      • Green IP: the interplay between IP law, sustainability and ESG in the EU [Ed: Some truly obscene greenwashing of monopolies from people who make a living selling monopolies]

        On 29 April 2021, the EU Commission announced that the initiative to update the EU rules on design protection is now open for public consultation until 22 July 2021. The proposal for a new directive is planned for the second quarter of 2022 and will be an important step towards more sustainability as one of the main reasons for revision is to ensure that the design protection regime better supports the transition to the digital and green economy.

        This initiative should be seen as part of the broader EU Action Plan for IP, which, among other things, aims to align EU intellectual property (P) rights with Europe’s global green leadership.

        Here, we tackle several (proposed or expected) legislative initiatives following this EU Action Plan for IP aiming towards a green IP.

      • Patents

        • Alcon wins with Bristows over glaucoma drug patent validity [Ed: Amy Sandys posting spam/ads for a firm of liars and patent trolls]

          The UK High Court has made a first judgment in a case concerning EP (UK) 19 20 764, which covers indications for the drug travoprost. Alcon, a subsidiary of Swiss pharmaceutical company Novartis, owns the patent. Travoprost is used for treating ocular hypertension and the common eye condition glaucoma, where fluid build-up at the front of the eye damages the optic nerve.

          In the decision, the High Court determined that EP 764 is valid. By doing so, the court threw out the defendants arguments that the patent was invalid for lack of novelty over EP 06 03 800, obviousness and insufficiency.


          The judge examined novelty in the context of EP 764’s anticipation over EP 800, the latter of which covers prostaglandin combinations in glaucoma therapy. Alcon also owns this patent. However, an anticipation attack put forward by the defendants failed.

          According to the court, this was because of the specificity of Example E in EP 800. Defendants Actavis and Accord argued that a person skilled in the art “would not see the reference to the isopropyl ester form of fluprostenol being disclosed only in combination with the other components.”

        • European Patent Office publishes new guidelines [Ed: Well, the EPO's guidelines are deeply flawed, unlawful, in violation in the EPC and so on. But law firms that sell services around this entire fraud don't want clients to know that.]

          In its latest guidelines, the European Patent Office (EPO) addresses alignment between the description of a patent and amended claims, in line with article 84 of the European Patent Convention (EPC), related to clarity.

        • Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (Fed. Cir. 2021)

          The Federal Circuit continues its recent run of decisions extending the reach of the enablement requirement of 35 U.S.C. 112(a) to invalidate patents in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (albeit in this case, affirming denial of motion for JMOL in the face of a jury verdict of non-enablement).

        • Commission Issues Public Version Of Opinion Finding No Violation Of Section 337 In Certain Collapsible And Portable Furniture (337-TA-1178)

          With respect to the ’611 patent, the Commission affirmed the ID’s finding that the MacRocker and Mulberry Bounce chairs do not infringe under the doctrine of equivalents. In particular, the Commission declined to endorse GCI’s “novel legal framework for analyzing equivalence” in which, rather than addressing the substantiality of the differences between the structure in the accused chairs and the “fulcrum point” limitation of the asserted claims, GCI instead argued that the bending motion of compliant members in the accused chairs could be approximated with simplified models (“pseudo-rigid-body models” or “PRBMs”) based on rigid bars connected by pivoting joints. The Commission affirmed the ID’s rejection of this theory based on GCI’s expert’s failure to provide necessary information about the PRBMs to show that they accurately modeled the compliant members of the accused chairs, and further noted that GCI’s approach “lacks support in the law.”

        • MediciNova Receives a Notice of Intention to Grant for a New Patent Covering the Combination of MN-166 (ibudilast) and Riluzole for the Treatment of Amyotrophic Lateral Sclerosis (ALS) in Europe
        • Withdrawn patents. [Ed: Fake patents]

          Can someone help me understand what’s going on with the rise in withdrawn patents? (FYI – since 2000 the numbers have been growing substantially faster than the rate of new patent issues).

        • ‘Importance of second medical use protection is growing’ [Ed: This has nothing to do with protection but everything to do with monopoly or protectionism that put lives at risk (for selfish reasons)]

          Although second medical use protection has had limited importance in the treatment of COVID-19, it has put in the spotlight the overall need for quick reactions to new diseases, which is one of the many factors justifying such protection, according to Jochen Bühling, partner of the German law firm of Krieger Mes & Graf v. der Groeben and editor of ‘Patent Protection for Second Medical Uses’. Kluwer IP Law interviewed Bühling on the occasion of the publication of the second edition of the book.

        • Bio-Rad Laboratories, Inc. v. Int’l. Trade Comm. (Fed. Cir. 2021)

          Last month, the Federal Circuit affirmed an exclusion order imposed by the International Trade Commission against Bio-Rad for importing infringing microfluidic systems and components used for gene sequencing or related analyses, in Bio-Rad Laboratories, Inc. v. Int’l. Trade Comm.

          The ITC’s decision followed a complaint by 10X Genomics, an intervenor in this appeal, for infringement of U.S. Patent Nos. 9,689,024, 9,695,468, and 9,856,530. An ITC Administrative Law Judge found importation of the accused articles infringed claims in each of the asserted patents, that Bio-Rad had not established that the patents were invalid, and that 10X Genomics practiced the claims (and thus satisfied the “domestic industry” requirement of the Tariff Act of 1930, 19 U.S.C. § 1337(a)(2)).


          Bio-Rad turned this argument on its head in contending that 10X Genomics’ product did not practice the invention claimed in the asserted claims of the ’530 patent and thus did not satisfy the domestic industry requirement in the statute for relief from the ITC under Section 1337(a)(2). But because “[t]he test for satisfying the ‘technical prong’ of the [domestic] industry requirement is essentially [the] same as that for infringement, i.e., a comparison of domestic products to the asserted claims,” Alloc, Inc. v. Int’l Trade Comm’n, 342 F.3d 1361, 1375 (Fed. Cir. 2003), the Federal Circuit also rejected this challenge to the Commission’s determination. According to the opinion, Bio-Rad failed to show the Commission’s determination was not supported by substantial evidence, being based on documentary evidence and expert testimony.


          The Court assessed these assertions under California law as matters of contract interpretation; under that law interpretation of a contract is a matter of law subject to de novo review according to the opinion. The opinion comes directly to the point: “Bio-Rad has furnished no persuasive basis for disturbing the Commission’s conclusion that the assignment provisions do not apply to a signatory’s ideas developed during the employment (with Bio-Rad or QuantaLife) solely because the ideas ended up contributing to a post-employment patentable invention in a way that supports co-inventorship of that eventual invention.” Specifically, the panel appreciated that the employment contracts by their terms were limited to intellectual property that arose in the course of employment at the time the inventors were employed by Bio-Rad’s predecessor-in-interest, QuantaLife (i.e., “before the termination of employment”). Under these circumstances, the Court noted that “Bio-Rad does not argue, much less demonstrate, that a person’s work, just because it might one day turn out to contribute significantly to a later patentable invention and make the person a co-inventor, is itself protectible intellectual property before the patentable invention is made.” For a patent, “the pertinent intellectual property does not exist until at least conception of that invention” the opinion states, citing, inter alia, Burroughs Wellcome Co. v. Barr Labs., Inc., 40 F.3d 1223, 1227–28 (Fed. Cir. 1994). None of the precedent Bio-Rad advanced in support of its co-ownership argument was to the contrary (and remarkably did not support its argument in the Court’s opinion), in particular Bd. of Trustees of the Leland Stanford Junior Univ. v. Roche Molecular Sys., Inc., 583 F.3d 832, 837 (Fed. Cir. 2009). Finally, the panel understood California law to “recognize[] significant policy constraints on employer agreements that restrain former employees in the practice of their profession, including agreements that require assignment of rights in post-employment inventions” insofar as “[s]uch an agreement might deter a former employee from pursuing future work related to the subject matter and might deter a future employer from hiring that individual to work in the area.” And the panel did not find any reversible error by the Commission in deciding, on the merits, that nothing the inventors had done during the course of their employment had sufficient specificity to support Bio-Rad’s claims of an ownership interest in any of the asserted patents.

        • 173 Years of (Almost) Uninterrupted Tuesdays [Ed: So many design patents even though such patents ought not exist at all; they’re a distortion of the underlying rationale of patent law]

          At 12:01 a.m., this past Tuesday, the USPTO issued its newest batch of patents. 6549 utility patents; 13 reissues; and 699 design patents.


          On point, March 1971, the NYTimes published an article suggesting that the USPTO would pause printing that summer for a 12-week period due to printing cost increases associated “the inauguration of printing by computer.” The times reported that “or several months it has been impossible to buy copies on the issue date.” For those weeks, the patents “issued” on time, but were not really available until later.

        • PATLIB2021 conference heralds enhanced support for innovators in Europe [Ed: Phony leader and outright fraud Campinos now adds jeans to his sneakers, pretending he's casual while in fact abetting corruption in Europe's second-largest institution]

          The EPO held its PATLIB2021 online conference on 18/19 May, with over 1 200 registered participants and some of the leading technology transfer experts in Europe participating as speakers. The event marked the launch of the EPO’s PATLIB 2.0 project, which aims to enhance the network of over 300 patent information centres (“PATLIB centres”) spread across Europe.

        • Intellectual Property Rights – Patents [Ed: Well, patents are not "rights" and not "property" but lawyers and attorneys will lie to people to sell useless services and disservices that just drain money out... and into their pockets.]

          We are among the few Indian firms equipped for providing services related to patent protection and enforcement in India and across multiple jurisdictions including SAARC, ASEAN, EU, USA, Japan, and South Korea.

        • Patent for ColdZyme approved in Japan

          The Japanese patent authority has granted Enzymatica’s patent for the cod enzyme that is a key component of Enzymatica’s cold spray ColdZyme® for the Japanese market. The patent is valid until 2036. Corresponding patent was granted by the European Patent Office, EPO, in the spring of 2020.

        • Software Patents

          • All Those in Favour, Say AI: UK IPO Publishes Response to Its Consultation on Artificial Intelligence and Intellectual Property [Ed: Patent lawyers love dragging everything to the realm and "HEY HI" and other nebulous nonsense because therein the technical arguments stop and it's all just a circus of waffle, including the mischaracterisation of software patents]

            On 23 March 2021, the UK Intellectual Property Office (IPO) published the outcome of its consultation last year on artificial intelligence (AI) and intellectual property (IP) (the Response). The Response highlights the UK’s ambition to “be a leader in AI technology” by developing and adapting IP legislation in light of developments in AI technology, notwithstanding the fact that such developments may, post-Brexit, result in a divergence between the approach taken in the UK and the EU.

            Since the UK’s withdrawal from the EU, the UK has clearly indicated that it will take its own path to encourage AI innovation while protecting IP rights to solidify its position as a leader in AI innovation. The UK has been active in its attempt to secure this position. The Response follows the AI Council’s publication of an AI Roadmap in January this year and the House of Lords Liaison Committee’s publication of AI in the UK: No Room for Complacency in December last year, two reports that recognise the importance of good governance and regulation for public trust while specifying that flexible regulation is critical. The Response is an example of one of the actions recommended by the House of Lords’ Liaison Committee for sector-specific regulators (such as the IPO) to identify gaps in regulation (such as IP legislation) to address issues raised by AI.

          • Aprese reexamination request granted

            On May 13, 2021, the USPTO granted Unified’s request for ex parte reexamination, finding substantial new questions of patentability on all challenged claims of U.S. Patent 9,207,924, owned by Aprese Systems Texas, LLC. The ‘924 patent relates generally to management of applications and/or services based on contextual information. It has been asserted against Toyota.

      • Trademarks

        • Let not the Cancellation Division see your black and deep desires: (another) Banksy mark cancelled by EUIPO due to bad faith [Ed: Speaking of monkey business and EUIPO, someone needs to investigate EUIPO for its monkey business]

          The anonymous graffiti artist known as Banksy is no stranger to trade mark wrangling, with this week’s cancellation decision by the European Union Intellectual Property Office’s Cancellation Division following hot on the heels of similar proceedings last September, concerning the work ‘Flower Thrower’ (covered by the IPKat here).

          The latest decisionconcerns his famous – indeed, “arguably the most famous and iconic of his works” (p. 3 of the decision) – ‘Laugh Now But One Day We’ll Be In Charge’, which depicts a monkey wearing a sandwich board adorned with the titular slogan.

      • Copyrights

        • Google only rejects 10% of DMCA takedowns. Microsoft Bing 0.5%. Microsoft GitHub has numerous ethical problems.

          What’s becoming increasingly clear on the modern web is that corporate rule prevails with information being deleted out from under our feet by the billions of links per year. Now, with companies like Microsoft GitHub, entire software programs risk being lost forever.

          The DMCA was passed to prevent and curtail piracy and, as a “compromise”, included provisions that would discourage abuse. Two of these were that the person complained about could respond to the complaint and there would be an investigation into what was really happening performed by the service provider, and that sending a DMCA notice that was faulty could be a criminal offense. However, to this date, and with millions of DMCA letters sent over the past two decades, nobody has gone to prison.

          Corporations often set up DMCA complaint mills where law firms robosign complaints and send them directly to companies like Google and Microsoft, often without any human involvement.

          The notifications themselves are usually even automated, sometimes in an unbelievably sloppy manner….only about 17% are even valid according to TorrentFreak, citing WordPress.), knowing that these companies that recive them almost never put up any fight.


          While they’re both bad, Microsoft complies with the DMCA 99.5% of the time, even though 83% of the requests are invalid in some way.

          If that’s their policy on Bing, what do you think your odds are on GitHub?

        • How playlists are changing the nature of musical works

          Less appreciated is how developments in reproduction and distribution affect the very contents being created. Consider the impact of the playlist, as described in an article that appeared in the April 24th issue of The Economist (“And the winner is… who cares?”), here. The challenge for a producer of music is to reach a potential consumer; that of the consumer is to discover new music. With fragmentation in how music is distributed, enter the playlist.


          There are a variety of observations packed into this passage, but what undergirds all of them is that the music being created is fashioned to meet the characteristics of the computer-generated playlist. Thus, the track is likely to begin with a “pre-chorus” interlude, which would not have likely been adopted in the pre-playlist world. As well, the song will likely be shorter, in order to increase in the aggregate the number of streams for which the artist is entitled to payment.

        • BREIN Obtains Injunction Against Admin & Uploaders of Pirate Site

          Anti-piracy group BREIN has shut down Discoverthisplace, a pirate site offering tens of thousands of movies, TV shows, music albums, eBooks and magazines. Homing in on an administrator and two major uploaders, BREIN went to court and convinced a judge that the matter was significantly urgent to warrant an ex parte injunction. Following service from a bailiff, the site was taken offline.

Article 116(1) EPC and the Stacked Courts Initially Entrusted to Judge Their Own Actions

Posted in Deception, Europe, Law, Patents at 4:12 am by Dr. Roy Schestowitz

Summary: There’s growing awareness of the catastrophic setup, allegedly designed to rule in favour of unlawful procedures; we expect the EPO to bombard the media in the coming days (to blind people or lead them away from the controversy)

A DAY after we had covered here the removal of the BoA President from G 1/21 (ViCo referral) Rose Hughes (AstraZeneca) expectedly followed up. She wrote: “I. Beckedorf has therefore also been replaced on the panel.”

Frog: Look, Justice in the EPO works as intendedThis more or less confirms that it’s Beckedorf who was removed along with his ‘boss’. We’ll discuss both of them later in our ongoing series and show them in tandem.

There’s a certain irony about G 1/21. That hearing itself has been outsourced to the US. To quote: “The rapidly scheduled public hearing will take place via Zoom next week (28 May 2021).”

An outsourced hearing about the legality of outsourced hearings. Classic!

More from Dr. Hughes:

The referral to the Enlarged Board of Appeal (EBA) in G1/21 relates to the legality of conducting Board of Appeal oral proceedings by Video Conferencing (ViCo) without the consent of all parties (IPKat). The rapidly scheduled public hearing will take place via Zoom next week (28 May 2021). The EPO has now opened registration to watch the livestream.

The new rule of procedure of the Boards of Appeal (RPBA), Article 15a, was introduced earlier this year. Article 15a RPBA permits a Board of Appeal to hold oral proceedings by ViCo whenever “the Board considers it appropriate to do so”.

The referral in G1/21 asks the question whether Article 15a RPBA is compatible with the right to oral proceedings as enshrined in Article 116(1) EPC. The referral itself stems from appeal of the opposition decision to maintain EP1609239 in amended form (T1807/15). The Opponent originally requested the referral to the EBA as an auxiliary request in the appeal hearing. The Opponent subsequently withdrew the request. The Board of Appeal none-the-less decided to continue with the referral (IPKat). The Opponent has since changed representatives, and has submitted a request that the referred question should be answered in the negative, i.e. that ViCo oral proceedings without the consent of all parties are not compatible with Article 116(1) EPC. The patentee will not be participating in the oral proceedings.

In testament to the controversy surrounding ViCo oral proceedings, the referral has attracted almost 50 amicus curiae. These include submissions from epi, CIPA, multinational companies (BASF, Philip Morris, Siemens) and patent attorney firms. Aside from the substantive question of the legality or otherwise of Article 15a RPBA, considerable concern has been raised by multiple parties over the risk of perceived partiality by the EBA members themselves.

“It’s about “AI-generated IP” and other nonsense with misnomers.”We don’t suppose that EPO officials will mention this case much; instead, as was the case under Benoît Battistelli and under António Campinos during G 2/19 (another Enlarged Board of Appeal case), there will likely be bombardment against the media with pure noise, misleading or misdirecting the public, legal observers in particular. We couldn’t help but notice that days ago (warning: epo.org link) Campinos added a pair of jeans to his beloved sneakers, pretending he’s cool and casual while in fact abetting corruption in Europe’s second-largest institution. It’s about “AI-generated IP” and other nonsense with misnomers. No substance at all, but two — not just one — Campinos photo ops.

Tell me something I don't know. Won't you, António?
Man of his people…

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