07.25.21

Gemini version available ♊︎

Links 25/7/2021: LibreELEC (Matrix) 10.0 RC1 and Ubuntu 20.10 (Groovy Gorilla) End of Life

Posted in News Roundup at 11:16 am by Dr. Roy Schestowitz

  • GNU/Linux

    • Desktop/Laptop

      • Top 7 Linux Laptops You Can Buy in 2021

        Linux laptops are the perfect alternatives to macOS and Windows-powered laptops.

        Technically, you can turn any laptop of your choice into a Linux machine by choosing to install any Linux distribution available.

        But, here, our focus will be on the laptops that offer Linux out-of-the-box, ensuring the best compatibility and support no matter what kind of budget you have.

    • Audiocasts/Shows

      • Arco Linux Xtended Has All The Window Managers

        I often get asked which Linux distribution is my favorite. My answer is usually one of two responses: (a) I don’t have a favorite, or (b) it’s the distro that I’m currently running. Well, if it’s the latter then my favorite distro has been Arco Linux for the last two years.

      • Chaotic AUR: Why Bother Compiling Software

        Downloading packages from the AUR can take quite a while but there might be another way and that’s the Chaotic AUR, this is a seperate repo which precompiles a lot of the popular AUR packages and distributes binaries.

      • GNU World Order 418

        **GNU COBOL** and **gperf** from the **d** software series of Slackware Linux.

      • 161: Debian 11, Audacity Saga Continues, WordPress, CentOS, Netflix Gaming? | TuxDigital

        On this episode of This Week in Linux, we check out some Distro News about Debian 11 Bullseye, CentOS Hyperscale, Nest With Fedora and Kaisen Linux. Then we’ll revisit the Audacity Saga as it continues. Later in the show, we’ll take a look at Adobe’s announcement about joining the Blender Development Fund and Netflix may be getting into Video Game streaming service. Then in App News, we’ve got new releases from Handbrake, WordPress, CudaText, and Nativefier. All that and so much more coming up on episode 161 of This Week in Linux, recorded live on July 24, 2021. Your Weekly Source for Linux GNews!

    • Kernel Space

      • Intel Hardware P-State (HWP) / Intel Speed Shift

        Intel Hardware P-State (aka Harware Controlled Performance or “Speed Shift”) (HWP) is a feature found in more modern x86 Intel CPUs (Skylake onwards). It attempts to select the best CPU frequency and voltage to match the optimal power efficiency for the desired CPU performance. HWP is more responsive than the older operating system controlled methods and should therefore be more effective.

        To test this theory, I exercised my Lenovo T480 i5-8350U 8 thread CPU laptop with the stress-ng cpu stressor using the “double” precision math stress method, exercising 1 to 8 of the CPU threads over a 60 second test run. The average CPU temperature and average CPU frequency were measured using powerstat and the CPU compute throughput was measured using the stress-ng bogo-ops count.

        The HWP mode was set using the x86_energy_perf_policy tool (as found in the Linux source in tools/power/x86/x86_energy_perf_policy). This allows one to select one of 5 policies: “normal”, “performance”, “balance-performance”, “balance-power” and “power” as well as enabling or disabling turbo frequencies. For the tests, turbo mode was also enabled to allow the CPU to run at higher CPU turbo frequencies.

        The “performance” policy is the least efficient option as the CPU is clocked at a high frequency even when the system is idle and is not idea for a laptop. The “power” policy will optimize for low power; on my system it set the CPU to a maximum of 400MHz which is not ideal for typical uses.

        The more useful “balance-performance” option optimizes for good throughput at the cost of power consumption where as the “balance-power” option optimizes for good power consumption in preference to performance, so I tested these two options.

        [...]

        Running with HWP balance-power option is a good default choice for maximizing compute while minimizing power consumption for a modern Intel based laptop. If one wants to crank up the performance at the expense of battery life, then the balance-performance option is most useful.

        The balance-performance option when a laptop is plugged into the mains (e.g. via a base-station) may seem like a good idea to get peak compute performance. Note that this may not be useful in the long term as the CPU frequency may drop back to reduce thermal overrun. However, for bursty infrequent demanding CPU uses this may be a good choice. I personally refrain from using this as it makes my CPU rather run hot and it’s less efficient so it’s not ideal for reducing my carbon footprint.

      • Microsoft’s IMA-Based Measurements For Device Mapper Slated For Linux 5.15 [Ed: No, Microsoft does not want “enhanced security.” And if it wanted security, why back-doors things for NSA?]

        The latest Linux kernel feature proposed by Microsoft that is now working its way to the mainline kernel is IMA-based target measurements for the Device Mapper (DM) subsystem for enhanced security.

      • New crypto malware targeting Windows, Linux systems: Microsoft [Ed: The audacity of Microsoft, concern-trolling Linux over “security” while back-dooring things for NSA; imagine Linus Torvalds issuing warnings about Windows attacks as if he’s concerned for Windows]
    • Instructionals/Technical

    • Games

      • Culture Round-up: Danish videogame sells 365 million kr worth of digital real estate

        Bright Star Studios started selling virtual land in May. When the first pieces of property were put up for sale the interest was so massive that the systems crashed.

        “By our calculations, everything would have been sold out in 15 seconds if the servers hadn’t crashed,” said Mark Laursen, founder and manager at Bright Star Studios.

        Overall, the earnings are expected to pass 630 million kr before sales end.

    • Desktop Environments/WMs

      • K Desktop Environment/KDE SC/Qt

      • GNOME Desktop/GTK

        • Ole Aamot: GNOME Radio 12 Notes at GUADEC 2021

          GUADEC 2021 took place July 21 -25. This year’s conference was to be held online and last five days. The first two days of the conference, July 21 – 22, was dedicated to presentations. The 23 – 24 were Birds of a Feather sessions and workshops, and the last day will be for social activities.

    • Distributions

      • New Releases

        • LibreELEC (Matrix) 10.0 RC1

          LibreELEC 10.0 RC1 is released! bringing Kodi (Matrix) v19.1 (+ additional fixes) to LibreELEC users.
          Changes from LibreELEC 10.0 BETA 5 are listed here. As discussed in the recent Upcoming Changes blog post it, the 10.0 release is a disruptive and limited hardware release. If you have not read the blog post – please do – because we are not releasing images for all hardware. In summary: this is a stable release for Generic (x86_64 PCs). Stable-Beta for Allwinner and Rockchip. Stable “Alpha” for Raspberry Pi 4 as the code is still very new. RPi 2/3 are still in development targeting an LE10.2 release. RPi 0/1 are discontinued. All others hardware is still in development and not in a state for formal releases.

      • IBM/Red Hat/Fedora

        • Can IBM buy its way to cloud success? | IT PRO

          From spinning off its infrastructure business to making high-profile acquisitions, the industry giant is on a journey to reinvent itself

        • Getting to know Giang Dao, Red Hat country manager for Vietnam

          We’re delighted to welcome Giang Dao to Red Hat as a country manager for Vietnam. In the new role, Dao will be responsible for Red Hat’s business operations in one of ASEAN’s fastest-growing markets.

          Dao has extensive experience in the enterprise software space, with more than 20 years in IT, and having managed virtually every industry vertical. She joins Red Hat from IBM Vietnam, where she led sales for Vietnam’s North Top Development Accounts. She also held leadership roles at technology businesses in Vietnam, such as T&T Group and CMC Corporation, supporting customers on their digital transformation initiatives.

          We caught up with Dao to hear her perspectives on open source and Red Hat, and her insights on leadership.

      • Canonical/Ubuntu Family

        • Ubuntu 20.10 Is Reaching End Of Life This Month: Here’s How To Update To 21.04

          For all the Ubuntu users who are still ‘grooving’ with Groovy Gorilla (Ubuntu 20.10), the support for the same will be ending July 22. This means that you’ll no longer receive security, app, or bug fixes updates.

          Saying goodbyes could be hard, but the good news is Ubuntu 21.04 has been out since April, and it brings new features and improvements. In this article, let’s look at how to update from Ubuntu 20.04/20.10 to 21.04 ‘Hirsute Hippo.’

        • Ubuntu 20.10 (Groovy Gorilla) End of Life reached on July 22 2021

          This is a follow-up to the End of Life warning sent earlier this month to confirm that as of July 22, 2021, Ubuntu 20.10 is no longer supported. No more package updates will be accepted to 20.10, and it will be archived to old-releases.ubuntu.com in the coming weeks.

          The original End of Life warning follows, with upgrade instructions:

          Ubuntu announced its 20.10 (Groovy Gorilla) release almost 9 months ago, on October 22, 2020, and its support period is now nearing its end. Ubuntu 20.10 will reach end of life on July 22, 2021.

          At that time, Ubuntu Security Notices will no longer include information or updated packages for Ubuntu 20.10.

          The supported upgrade path from Ubuntu 20.10 is via Ubuntu 21.04. Instructions and caveats for the upgrade may be found at:

    • Devices/Embedded

    • Free, Libre, and Open Source Software

      • Making PDFs more accessible to screen readers with open source

        A screen reader is a vital tool that helps individuals who are blind or low-vision read digital text. Unfortunately, not all file formats receive the same level of support from screen readers. For example, while PDF files have accessibility features that you can use, they are often not the preferred file format for screen reader users. Between line breaks, multiple columns, symbols, and images, screen readers can have trouble reading PDFs in a cohesive way to their users.

        This is what the folks at Open @ RIT are trying to change.

        Open @ RIT is the open source program office at the Rochester Institute of Technology, offering RIT faculty and staff assistance in opening their research projects and maintaining communities of practice around their work. One such faculty member is Dr. Todd Pagano, Professor of Chemistry and Associate Dean for Teaching and Scholarship Excellence at the National Technical Institute for the Deaf. Dr. Pagano came to Open @ RIT seeking help to increase the accessibility of an open-access journal, the publications of which currently exist as PDFs.

        The Open @ RIT team, consisting of UX designer Rahul Jaiswal and full-stack developer Suhas C.V., have used this project as a stepping stone to begin exploring ways to convert PDFs into accessible HTML.

      • Productivity Software/LibreOffice/Calligra

        • LibreOffice With Linux

          A more advanced option is the other longtime go-to in the Linux world: LibreOffice. If you want to use it, you will have to install Linux on your Chromebook first. Then you can install LibreOffice in the default Debian installation using APT.

          sudo apt install libreoffice
          To launch LibreOffice Writer, just look for it in the app launcher, as you would with any other app. When you launch it, you’ll see the standard OpenOffice Writer interface in all its clunky glory.

          You can then compose your document as on any other system. When you save it, don’t forget to save it as a Microsoft Word document (DOCX), not the standard OpenOffice format (ODT).

      • Programming/Development

        • The Best Programming Language for Data Science: Python vs Julia vs R

          Programming language is practically the backbone of data science and in the modern advancement of technology, we have a lot of languages available at our expense. But the question is which one among them is the most suitable for a data scientist. Currently, the latest group of programming languages that data scientists use are Python, Julia, and R. All these languages have their unique attributes and they also have areas of expertise. For example, the Python ecosystem is loaded with libraries, tools, and applications that make the work of scientific computing and data analysis fast and convenient, but Julia aims to give scientists and data analysts not only fast and convenient development but also blazing execution speed. On the other hand, R language enhances the speed of statistical computing like no other.

        • Python

  • Leftovers

    • Science

      • Nautilus pompilius Genome Determined

        Cephalopods are fascinating creatures, and their primary living representative — the octopus — has recently been the subject of the Academy Award winning documentary “My Octopus Teacher.” They are clearly intelligent (as set forth in Peter Godfrey-Smith’s Other Minds: The Octopus, the Sea, and the Deep Origins of Consciousness), but it is an intelligence so different from human intelligence that it was an inspiration for the alien first-contact film, Arrival.

        Outside the coleoid group, the only living relative are animals of the genus Nautilus, the sole surviving externally shelled cephalopod since the Paleozoic (541 to 252 million years ago). That shell is itself iconic, as both objet d’art and a living illustration of the Fibonacci series in the ratios of the whorls from which the shell is made.

        [...]

        These researchers report that the Nautilus genome comprises 731 megabasepairs, which is the smallest of the cephalopods, being 2.5-7 fold smaller than their extant coleoid relatives. One feature the authors called “strikingly different” in Nautilus DNA is found in transposable elements (TE), known to be “the driving force in shaping genomic architecture and evolution.” TEs comprise 31% of the genome, with retrotransposons, including LINE (long interspersed nuclear element) SINE (short interspersed nuclear element), and LTR (long terminal repeats) elements constituting only a minor portion (6.5%); in contrast, these elements are “a prominent presence” in the coleoid cephalopod genome. Moreover, further analysis indicated that an ancient DNA transposon “burst” occurred once in the Nautilus lineage and that there has been no further expansion of TEs in the Nautilus genome (coleoid cephalopods have had more evolutionarily recent instances of such bursts). Nautilus shares this characteristic with other mollusks, which the authors say suggest slow evolutionary rates in non-coding regions of the Nautilus genome.

    • Hardware

      • Xiaomi’s Road to Internet-of-Things Dominance | INSEAD Knowledge

        Xiaomi entered the competitive Chinese mobile phone market in 2010 with MIUI, an Android-based smartphone software product which it offered for free. By 2017, it had achieved global recognition as a leading smartphone manufacturer and reached US$15 billion in revenue. Today, Xiaomi is the world’s largest Internet-of-Things (IoT) firm and by the end of 2020 had revenues exceeding US$37 billion.

        How did Xiaomi manage to achieve such extraordinary growth? In addition to interviews with senior executives from Xiaomi and its ecosystem partner firms, our in-depth, multi-year study involved extensive analysis of conversations, reports and datasets from 2010–2020 across all departments of the firm.

    • Health/Nutrition

      • Happy Birthday, Medicare: You Showed That Public, Universal Health Insurance Is Superior

        Fifty-six years ago Congress enacted Medicare to provide health insurance for people ages 65 and older and the disabled regardless of income or medical history. Since 1965, Medicare has become living proof that public, universal health insurance is superior to private insurance in every way. Medicare is more efficient than private health insurance and is administered at a cost of 3% to 4%, as opposed to private, for-profit health insurance, which has administrative costs above 15%. In light of the burgeoning, severe losses of jobs/employment/health insurances caused by the ravages of the Covid-19 pandemic, it’s very Important to remember that Medicare is still providing stable coverage for everyone 65 and older. If the new and improved Medicare for All, as outlined below, were in place today, everyone’s health insurance, in spite of the Covid-19 pandemic, would continue uninterrupted because the Medicare for All insurance system is based on residence, not employment.

      • Covid-19 Cases Are Rising Among the Vaccinated—It’s Not Because Vaccines Aren’t Working

        Sir Patrick Vallance, the U.K.’s chief scientific adviser, has announced that 40% of people admitted to hospital with Covid in the U.K. have had two doses of a coronavirus vaccine. At first glance, this rings very serious alarm bells, but it shouldn’t. The vaccines are still working very well.

      • There is no bottom: Antivaxxers harass cancer patients

        I’ve written a lot about the violent rhetoric of the antivaccine movement going back to 2015. I’ve also written about their techniques of protest, including bad cosplay and a fetish for V-style Guy Fawkes masks coupled with claims of being the “new civil rights movement” and victims, but up to and including violence. Few people have a lower opinion of antivaxxers than I do, but even I never expected this:

      • Ocasio-Cortez Slams Biden Admin’s “Reckless” Decision on CDC Eviction Moratorium
      • Medicare for All Advocates Take to the Streets of Over 50 US Cities

        Just days before the 56th anniversary of Medicare being signed into law, advocates for creating a public, universal health insurance program in the United States to replace the largely private, for-profit system held marches in more than 50 cities across the country on Saturday.

        The day of action was organized by a coalition of over 100 groups, from Mainers for Accountable Leadership, the Chicago Teachers Union, and Sunrise Movement Seattle to various arms of Democratic Socialists of America, Physicians for a National Health Program (PNHP), and Our Revolution.

      • New website allows cyclists to report dangerous places on interactive map

        After 31 October, the entries, including photos and videos, will be published anonymously in the form of a map as well as forwarded to the different municipalities and the Ministry of Mobility. The map will be available from mid-November.

      • Microplastics found in the diet of Antarctic penguins

        An international team of researchers has found a wide presence of microplastics such as polyester and polyethylene in the feces of three species of Antarctic penguins, according to a study published in ScienceDirect.

        The experts collected excreta samples from three congeneric species, the Adelie penguin (Pygoscelis adeliae), the chinstrap (Pygoscelis antarcticus) and the gentoo (Pygoscelis papua), during seven seasons between 2006 and 2016, to later analyze them and assess the presence of microplastics in the Antarctic Peninsula and the Scotia Sea.

    • Integrity/Availability

      • Proprietary

        • Security

          • Privacy/Surveillance

            • Amazon’s Relentless Surveillance Must Be Stopped

              Last week, Bloomberg News reported that Amazon planned to release an Alexa-enabled tracking device for children. This latest revelation—which isn’t Amazon’s first attempt at targeting children with tracking-like devices—comes as no surprise from a corporation that has made surveillance a critical part of its business model. As Amazon continues its relentless crusade to monopolize markets, crush rivals, and extract as much data as possible from unsuspecting consumers and third-party merchants, Congress and federal law enforcers must step up to restructure the corporation and prevent it from using these harmful practices. A new report by the Open Markets Institute (where I am employed) details how.

            • Can Facebook’s $1 bn plan to pay [Internet] personalities help it regain lost fame?

              Announced last week, Facebook’s $1 billion will pay the creators of popular posts, from fashionistas to comedians and video gamers, through 2022.

              Facebook’s 1 billion plan to pay the creators such as fashionistas, comedians and video gamers

              It is the strongest signal yet that the US social media giant now recognises the strategic importance of the “creator economy”.

            • The mobile, the ultimate spy weapon that we carry in our pocket

              Whoever enters your mobile will get much more information about you than registering your home. Both physically (real-time location, travel history, hours of sleep) and socially (who is seen with and for how long, what does he talk about, who are his friends and family) or even mentally (tastes, hobbies, political ideas). Our pocket computers are also an access point to any valuable document (medical, financial or employment data, personal photos and videos, work files). Everything we do today goes through these devices. That is why we are terrified that someone could snoop on them without our consent. “Mobile phones are Stalin’s dream,” says Richard Stallman, father of the software free and living legend for many programmers.

    • Defence/Aggression

    • Transparency/Investigative Reporting

      • Fact check: Yes, Finland painted reindeer with reflective paint to prevent car crashes – but viral photo isn’t real

        The Reindeer Herder’s Association, which operates under Finland’s Ministry of Agriculture and Forestry, experimented with spraying reflective paint on reindeer fur and antlers in 2014. The test ultimately failed, but the organization has since found more success with an app that alerts drivers to reindeer crossings.

        However, the photo used in the post is not real – it’s an illustration, made using 3D software by visual designer Vasjen Katro. The author of the viral Facebook post, Samit Parab, edited the post on July 15 to credit the artist, but other posts continue to present the photo as reality.

    • Environment

      • Energy

      • Wildlife/Nature

      • Overpopulation

        • Without Enough Water To Go Around, Farmers In California Are Exhausting Aquifers

          California is a powerhouse of food production, growing some 40 percent of the country’s fruit, vegetables, and nuts. Yet the production depends on a supply of water that’s increasingly fragile and unreliable as the climate warms.

          “Drought reveals the lie of a place,” says Mark Arax, the Fresno-based author of The Dreamt Land, a history of California’s water conflicts. “The lie is our ambition. We’ve taken on too much.”

    • Finance

      • Gushing Coverage of the Billionaire’s Space Race

        Behind recent praise of undertaxed billionaire Jeff Bezos’ brief trip to near-space lie the neglected realities of institutional and environmental degradation, both of which have been eclipsed by vanity space projects and the ostensible prospect of space tourism.

      • India Walton: ‘Finally We’ll Be Able to Put Resources Behind All of These Bold, Visionary Ideas’

        Buffalo’s India Walton looks to be on track to become the first socialist mayor of a major American city since Milwaukee’s Frank Zeidler left office in 1960. Her breakthrough win in the city’s June 22 Democratic primary, in which she beat the four-term incumbent mayor, Byron Brown, put the 38-year-old registered nurse and housing activist in the national spotlight. She’ll face strong write-in challenges by Brown and others in the November general election. But if she wins, with a grassroots campaign backed by the Working Families Party, Democratic Socialists of America, and the Erie County Democratic Party, Walton promises to make Buffalo a laboratory of democracy.

    • AstroTurf/Lobbying/Politics

      • The Envy of Trump

        His anger has been fueled by the fact that what was accomplished in Haiti was accomplished by what might be described as a rag-tag group of people with no weapons other than guns, whereas the people the trump demanded support him and keep him in office included the vice president of the United States and members of Congress, who the trump believes, clearly had the power to block the certification of Electoral College votes for Joe Biden as president, thereby permitting the trump to retain lawful possession of the White House and its accompanying perks.

      • 35 Years Later, Looking Back at the Founding of FAIR

        It was 35 years ago this month that I left my beloved Venice, California, to move to New York City to launch FAIR. Not many progressive nonprofits endure 35 years, but FAIR has survived and thrived.

      • Many Major Corporations Have Done Almost Nothing to Defend Voting Rights
      • How Virginia Won the South’s Strongest Voting Rights Act
      • Canada: Worrying implications of NCCM’s recommendations ahead of ’emergency Islamophobia summit’

        Islamic intimidation and lawfare, launched against Westerners for calling out the truths about Islam, is nothing new. Canada and the US had enough advance notice to fight what has now become ingrained in Western culture: Islamic lawfare, punitive action against those who offend Muslims or Islam, and a resulting cancel culture.

        The NCCM (formerly CAIR-CAN) is now operating inside the Liberal Government of Canada as a leader on “diversity” issues. The NCCM was a recipient of an undisclosed amount of funding to help implement Canada’s big mistake: anti-Islamophobia motion M-103, which includes monitoring citizens for compliance and training law enforcement to identify online and offline “hate.” The implementation of M-103 was enabled by a taxpayer funded 23-million-dollar package. Another recipient to assist the Liberal Government’s implementation of its M-103 strategy was IRFAN (Islamic Relief Canada), which was outlawed by the previous Conservative government as a terrorist entity.

    • Civil Rights/Policing

      • Deposed Burmese Leaders Are Now Changing Their Tune on Human Rights of Rohingya
      • How Face Recognition Fuels Racist Systems of Policing and Immigration—And Why Congress Must Act Now

        Face recognition technology may sound futuristic, or perhaps too abstract to seem harmful. But we are already living in a reality in which face recognition and other forms of biometric surveillance pervade our daily lives. These technologies threaten our privacy and free speech rights and, when used by police and immigration enforcement, serve as yet another dangerous system to abuse Black and Brown people on a massive scale. Big Tech companies are profiting off these abuses because they are the ones developing and selling face recognition to government agencies. And it’s our communities—particularly communities of color—that face the harmful consequences.

      • Dozens who say they were framed by corrupt Chicago drug squad demand exoneration

        That officer did turn out to be corrupt. In 2012, Watts and another officer were arrested and later pleaded guilty to federal theft of public funds charges, accused of extorting residents and drug dealers in the housing project.

        Now Shannon is still fighting to be heard, along with dozens of others who say they were framed by Watts and his team in one of Chicago’s biggest police corruption scandals.

    • Internet Policy/Net Neutrality

    • Digital Restrictions (DRM)

      • Right to Repair at the FTC

        In a unanimous vote among the five commissioners, the Federal Trade Commission (FTC) will move forward with a new policy regarding the right-to-repair. This decision was foreshadowed by a 2019 workshop and 2021 report to Congress.

    • Monopolies

      • Patents

        • Plant breeders split on EU study

          Sources told Managing IP this week that a study released by the European Commission has led them to worry that SMEs could be squeezed out of the market by large biotech companies using patents to block research on new plant varieties.

          On July 12, the European Commission submitted a letter to the World Trade Organization outlining the results of a study it conducted into the status of new genomic techniques (NGTs). It showed that there have been significant advances in NGTs since the EU developed its directive on genetically modified organisms (GMOs) in 2001.

          Sources are hopeful that the results could pave the way for new legislation that would allow for plants obtained through NGTs to be commercialised in Europe. However, the worry for some plant breeders is that this could open new opportunities for patenting that big seed companies could use to exploit small breeders.

          [...]

          TCL Communication Technology and Ericsson settled their long-standing patent fight on Friday, July 16.

          The parties filed a motion to dismiss in the District Court for the Central District of California, where TCL had claimed that Ericsson had not licensed its patents on fair terms. The court dismissed the case on Monday, July 19.

          On Thursday, July 15, the companies filed the same type of motion in the District Court for the Eastern District of Texas, where Ericsson had accused TCL of patent infringement. The venue dismissed the dispute the next day.

          The news comes about 10 months after both parties had their petitions rejected by different appellate courts.

          The US Supreme Court denied cert in October 2020 on TCL’s request to overturn a ruling from the Court of Appeals for the Federal Circuit that Ericsson was entitled to a jury trial.

          In September 2020, the Federal Circuit denied Ericsson’s petition for an en banc rehearing. The appellate court had previously determined that TCL was not liable for patent infringement – reversing a decision from the Eastern District of Texas.

          The Federal Circuit said the patent being litigated contained ineligible subject matter because it was directed to an abstract idea.

        • SEP Licensing Negotiation Groups — Part I: analogy to patent pools entails false symmetry between facilitating and complicating automotive patent licenses

          This is the first part of a trilogy on licensing negotiation groups: automotive industry cartels that would collectively negotiate standard-essential patent (SEP) licenses with major patent holders and pools.

          Earlier this month, the European Commission levied a € 875 million fine on Volkswagen (that company has to pay more than half a billion euros alone) and BMW–Daimler got away unscathed only because it had blown the whistle–for restricting competition in emission cleaning for new diesel passenger cars. That decision stands in the tradition of regulatory findings of cartel law violations by car makers and their suppliers. Just a few recent examples from the EU that beg the question of whether such conduct is deeply ingrained in that industry’s DNA…

          [...]

          I’ve looked at this topic from multiple angles: whether the issues Volkswagen has identified are real; whether the proposed measures are necessary and proportionate; whether licensing negotiation groups would be more or less constructive than individual parties; whether SEP holders would still be reasonably capable of enforcing their rights; and whether the upside would outweigh the downside in competition policy terms.

        • News July 2021 fr AFD China [Ed: China also learned to adopt the propaganda term and misnomer "Intellectual Property"]

          The winners of the 22nd China Patent Award were announced by the China Intellectual Property Administration….

        • VoiceAge wins first lawsuit against HMD with Wildanger and Bosch Jehle

          Finnish mobile phone manufacturer HMD might no longer be able sell mobile devices in Germany that infringe VoiceAge EVS patent EP 27 07 687, following a Regional Court Mannheim decision (case ID: 7 O 116/19). The court today declared that HMD infringes EP 687. It is currently unclear whether VoiceAge will enforce a sales stop, which would lead to a ban on the sale of the devices. HMD can still appeal the verdict.

          EP 687 protects a speech coding technology for mobile devices. VoiceAge EVS had sued for injunctive relief and also demanded damages, information and rendering of accounts.

          The ruling is the first in a series of lawsuits filed by the SEP holder against five mobile phone manufacturers. VoiceAge EVS filed five lawsuits against HMD in Mannheim and Munich in 2019. It also took action against Lenovo/Motorola, Apple, Xiaomi and TCL/TCT over the same patents. In today’s decision, the court found that HMD has infringed the patent and held that the defendant’s FRAND defence was unsuccessful.

          [...]

          Wildanger and Bosch Jehle, on the other hand, have worked together intensively for many years for SEP holders such as VoiceAge EVS. Previously, both law firms led a successful joint campaign for NPE Saint Lawrence.

        • Federal Circuit Puts Patent Infringement Award/Injunction Back in the Box

          The US Court of Appeals for the Federal Circuit, exploring the use of Federal Rule of Civil Procedure 60(b)(3) under Ninth Circuit law, affirmed a district court’s ruling setting aside a monetary damages judgment and an injunction for fraudulent misrepresentations by a corporate patent owner’s president concerning prior art. Cap Export, LLC, et al. v. Zinus, Inc., et al., Case No. 20-2087 (Fed. Cir. May 5, 2021) (Dyk, J.)

        • [Older] New Perspective on Specific Personal Jurisdiction in Patent DJ Venue

          The US Court of Appeals for the Federal Circuit concluded that the minimum contacts or purposeful availment test for specific personal jurisdiction was satisfied where a patent owner sent multiple infringement notice letters and other communications to a resident of California who then filed for declaratory judgment of non-infringement in federal district court in California. Trimble Inc. v. PerDiemCo LLC, Case No. 19-2164 (Fed. Cir. May 12, 2021) (Dyk, J.)

          PerDiem accused Trimble of infringing several of PerDiem’s patents. PerDiem exchanged 22 communications with Trimble in California over a period of three months, some through Trimble’s subsidiary ISE in Iowa and other communications through its chief IP counsel in Colorado. The communications started with a letter (sent to ISE in Iowa) that had attached an unfiled complaint and which PerDiem used to try to launch license negotiations. This unfiled complaint asserted nine of PerDiem’s patents. After ISE brought Trimble, its parent, into the discussion, PerDiem accused Trimble’s products of infringing 11 patents and sought to enter into binding mediation on its infringement allegations. PerDiem also threatened to sue Trimble in the Eastern District of Texas and identified the counsel it planned to use for this purpose. Trimble filed for a declaratory judgment of non-infringement in the Northern District of California. The district court dismissed the complaint, relying on the Federal Circuit’s 1998 decision in Red Wing Shoe v. Hockerson-Halberstadt, concluding that it would be unreasonable to assert personal jurisdiction over PerDiem based on its communications. Trimble appealed.

        • Taking Another Page from the ABA: The USPTO Enacts New Rules of Professional Responsibility for Patent Attorneys and Agents [Ed: An 'industry' that should never have existed in the first place if the system was made for and by scientists]

          o mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents. The resulting changes mirror some well-recognized provisions of the American Bar Association’s (ABA) Rules of Professional Conduct. The changes also make the agency’s procedures easier to comprehend, as discussed below.

          Contrary to most legal practice, representing inventors to secure a patent does not require a licensed attorney. “Patent agents” can also represent inventors when seeking a patent from the USPTO. A patent agent is typically a college-educated non-lawyer with an engineering or other technical degree who has taken the USPTO’s “patent bar” exam. On this exam, applicants are tested on laws and rules that address patentability issues and inventor obligations. (A patent attorney must also have technical credentials and take the patent bar exam, in addition to having a law degree and passing a state bar examination.).

        • [Older] Knowledge of Patent, Evidence of Infringement Are Necessary, but Not Sufficient, to Establish Willfulness

          Addressing claim construction, enablement, damages and willfulness, the US Court of Appeals for the Federal Circuit found that evidence of a defendant’s knowledge of the asserted patent and proof of infringement were, by themselves, legally insufficient to support a finding of willfulness. Bayer Healthcare LLC v. Baxalta Inc., Case No. 19-2418 (Fed. Cir. Mar. 1, 2021) (Stoll, J.)

        • Compliance with the Duty of Disclosure Requires Vigilance and Self-Awareness

          In a recent post, we discussed the importance of complying with the US Patent and Trademark Office’s duty of disclosure under Rule 56 of the Rules of Practice. This post focuses on the existence of this duty throughout the entire prosecution of a patent application, in a specialized factual context involving a priority application outside the US.

          [...]

          If the claimed invention in the US non-provisional application is entitled to the filing date of the PCT application, the effective filing date of the claimed invention in the US application would be the filing date of the PCT application. In that circumstance, the exception under 35 USC 102(b)(1)(A) would apply, and the prior public disclosure would not qualify as prior art. As a result, technically it would not be necessary to cite the prior public disclosure to the USPTO as part of the duty of disclosure under Rule 56. However, there are a number of issues to consider.

          Preliminarily, under US practice, it is possible to “bypass” the normal PCT national stage entry by filing either a “bypass” application, which may contain the same disclosure as the PCT application, or may contain different disclosure from the PCT application. This “bypass” practice is unique to US patent practice (that is, it is not available in other jurisdictions around the world). For purposes of the following discussion, it is necessary only to consider whether the US application contains the same disclosure as the PCT application.

        • German Constitutional Court Clears Way for the Unified Patent Court [Ed: No, only German ratification, which is not enough and can still be challenged]

          On July 9, 2021, the German Federal Constitutional Court (FCC) published its decision rejecting two applications for a preliminary injunction against the German ratification of the Agreement on a Unified Patent Court (UPCA) that had been approved by the German parliament on 18 December 2020.[1] The FCC had originally asked Germany’s Federal President to wait with his signature required for the underlying bill to enter into force. With the two applications dismissed, the President is now free to sign the bill into law, despite the still pending underlying constitutional complaints.

        • Noted with Interest: Federal Circuit Grants Patentee Dismissal of IPR Appeal Under the Voluntary Cessation Doctrine [Ed: The patent maximalists are just desperate to see PTAB die and patent quality go down the bin; society would be worse off for it.]

          The United States Court of Appeals for the Federal Circuit recently granted a patentee’s request to dismiss an appeal of an inter partes review brought by an accused infringer, relying on the patentee’s voluntary resolution of litigation on the patent. In ABS Global Inc., v. Cytonome/St, LLC, 984 F.3d 1017 (Fed. Cir. Jan. 6, 2021), the panel set forth a framework for the specific circumstances under which a patentee can obtain such relief, explaining how a patent owner may moot such an appeal by expressly declining to appeal a district court judgement of non-infringement obtained by the petitioner.

        • Germany Constitutional Court Removes UPC Hurdle for Approval Act [Ed: UPC has nothing to do with "United" or unity -- a claim that Team UPC operatives like to float around with their media flunkies; it's about attacking the whole of Europe in one fell swoop]

          On July 9, 2021, Germany’s Federal Constitutional Court rejected a pair of applications for a preliminary injunction directed against the German Approval Act on the Agreement on a Unified Patent Court (UPC) (decision of June 23, 2021, 2 BvR 2216/20). Thus, German ratification of the Agreement now only requires a presidential signature of the Approval Act and the subsequent deposition of the ratification.

        • Co-Diagnostics, Inc. Strengthens Intellectual Property Portfolio with New International CoPrimer™ Patent
        • Co-Diagnostics, Inc. Strengthens Intellectual Property Portfolio with New International CoPrimer™ Patent

          Co-Diagnostics, Inc. (Nasdaq: CODX), a molecular diagnostics company with a unique, patented platform for the development of molecular diagnostic tests, announced today that it has added to its suite of intellectual property protection after being awarded a patent from the Republic of Korea’s Intellectual Property Office for the Company’s CoPrimer™ technology.

        • Exploring future possibilities: European Patent Office publishes “Towards a new normal” [Ed: EPO management breaking all the laws, then bragging about these crimes]

          Today the European Patent Office (EPO) published ”Towards a new normal”, an orientation document to explore how the Office can capitalise on new opportunities in a potentially post-COVID-19 era.

          In the midst of a rapidly changing social and economic landscape, as the pandemic continues to impact the way we live and work, the aim is to ensure as far as possible that both users and staff fully benefit from new emerging possibilities. The document therefore proposes how we can build on the new levels of flexibility and new ways of collaborating achieved during the pandemic, at the same time as preserving a strong sense of the EPO community.

        • Europe SEP initiative highlights company differences [Ed: Team UPC's propaganda mill is at it again; Charlotte Kilpatrick promotes the cartel in "SEP" clothing. This is what happens when 'journalism' is subsidised for lobbying and mass deception.]

          SEP owners and implementers are split on how they want the European Commission to draft a framework for a fairer licensing system

        • US Lawmakers Demand $34 Billion for Global Vaccine Equity Funding in Reconciliation Package

          With spectators barred from the Olympic Games because of the ongoing coronavirus pandemic and cases rising in areas around the world, particularly among unvaccinated people, rich governments face growing pressure to take bolder steps to address what critics have called “vaccine apartheid.”

          As the Games formally kicked off Friday—following the launch of a new “Stop Playing Games” campaign to demand that wealthy countries invest in a global vaccine manufacturing plan—dozens of members of Congress called for including additional funding in the reconciliation package to produce and distribute Covid-19 vaccines worldwide.

        • They Patented a Better SandBox — Obviousness IPRs

          Lots of petroleum is trapped by deep rock formations that are difficult to drill-out one-by-one. Hydraulic fracturing (fracking) gets access to those stores by using high-pressure injection of a slurry of water, chemical additives and proppant (such as sand or other granular). The high-pressure water causes cracking of the rocks. Proppant residue is left behind and holds the cracks open — allowing the petro to flow out more easily.

          Oren’s parent company US Silica competes with PropX for delivering proppant (sand) for fracking. As part of this competition, Oren holds several patents related to storage of proppant and sued PropX for infringement. US Patent Nos. 9,403,626; 9,511,929; and 9,296,518. PropX responded with petitions for IPR. This case involves the ‘626 patent and the PTAB’s ruling cancelling all the challenged claims as obvious. On appeal, the Federal Circuit has rejected the PTAB decision for two reasons: (1) the PTAB decision strayed too far from the grounds of unpatentability found in the petition; and (2) the PTAB improperly disregarded the commercial success of Oren’s container.

          The ‘626 patent is directed to a stackable storage container for sand. Each container has a bottom hinged-hatch that allows sand to flow to the next lower container and eventually out through the bottom of the stack.

        • Second Sight closes 14% higher on European patent supporting artificial vision [Ed: Many European Patents aren’t what they used to be. Many are invalid but granted just to meet truly ridiculous targets.
        • 2021 Discretionary Denials Have Passed 100, But Are Slowing

          The Patent Trial and Appeal Board turned away 104 petitions for discretionary reasons in the first half of 2021, but more than 70% of those were in the first quarter of the year, according to new Unified Patents data.

          Between January and March 2021, the PTAB rejected 74 petitions on procedural grounds, compared to 30 in the following three months, Unified Patents said July 6. Despite the dip, the group — which supports the PTAB invalidating weak patents — projected that number will double over the rest of the year, ending around 208 denials.

        • Software Patents

          • First Chinese patent to be challenged against IdeaHub held invalid

            On July 22, 2021, in a challenge that took less than 6 months to complete, the China National Intellectual Property Administration declared claims 1, 2, 5, 7, 9, 14, 16 and 18 of CN103081504 invalid. Owned by IdeaHub, Inc., the CN’504 patent is directed to media content streamed in accordance with the MPEG-DASH standard and to video-on-demand (VOD) systems. It is related to U.S. Patent 8,645,562, which IdeaHub’s licensee, Helios Streaming, LLC, has used to sue Showtime, Vudu, Crackle, and Starz.

          • Apple Won a Patent in June showing their use of Ultra-Wideband Technology will eventually go far beyond AirTag – Patently Apple

            On June 29th Patently Apple posted an IP report titled “Apple won 46 Patents today covering their Ultra-Wideband AirTag System, an iDevice Recycling System, AirPower & more.” The focus of one of Apple’s key granted patents was AirTag and how it could guide a user with an iPhone to find a device using an arrow UI system. Another granted patent on this technology reveals Apple’s use of Ultra-Wideband wireless technology will go far beyond AirTag.

      • Copyrights

        • Pilot Sues Delta for $1 Billion Claiming the Airline Stole Crew App

          Captain Craig Alexander sued Atlanta-based Delta for trade-secrets theft in Georgia state court on Monday. He claims he spent $100,000 of his own money to develop his QrewLive app, which he pitched to the airline as a way to address crew communication snafus after disrupted flights. Delta turned him down but went on to launch its own identical tool, he claims.

        • Pilot claims Delta stole his app, is suing for a billion dollars

          Alexander denies that a billion dollars is a ridiculous claim, asserting that the airline has saved more than this by using the app. Delta says the claim about how its app came to be developed is “not accurate or fair.”

          Earlier this year, Delta partnered with Apple and AT&T to equip all 19,000 flights attendants with an iPhone 12.

        • Delta pilot sues US airline for $1.3 billion, claiming it stole his crew app

          “FFC is a carbon copy, knock-off of the role-based text-messaging component of (my) proprietary QrewLive communications platform,” Mr Alexander said in his suit.

          The pilot noted in his suit that Mr Bastian and Mr Samant have both bragged to investors that the app has smoothed operations.

          In describing the damages he is seeking, Mr Alexander said the value of the technology, “based solely upon operational cost savings to Delta, conservatively exceeds US$1 billion”. He is also seeking punitive damages against Delta.

          “To add insult to theft and injury, Captain Craig Alexander must use his stolen QrewLive text-messaging platform every day while he works for Delta,” the suit claimed.

        • Pilot Sues Delta for $1 Billion Claiming the Airline Stole Crew App

          The pilot could face a challenge pursuing his claims as a Delta employee, as companies typically own the rights to anything produced by their workers. In his suit Alexander stressed that he put his own time and resources into QrewLive and said Delta indicated it would be willing to purchase the app from him on the same terms as from an outside vendor.

          The case is Alexander v. Delta Air Lines Inc., 21A03275, Georgia State Court, DeKalb County.

        • There’s a long history of dances being pilfered for profit – and TikTok is the latest battleground

          Congress has established four guidelines to determine whether a work can be granted copyright protection: originality, fixation, idea versus expression and functionality.

          In choreography, it’s the fixed “expression” that’s being protected, not the “idea” behind it. This is why New York City Ballet can copyright their choreographed version of “The Nutcracker,” but other artists can create their own versions or expressions of the story as plays, storybooks or choreographed dance.

          Artists and scholars still debate what, exactly, it is that a dancer or choreographer is trying to claim as their own. Is it the dance as a work of art, the choreography or the specific performance?

        • China Orders Tencent to Give Up Exclusive Music Rights

          An official investigation found Tencent’s 2016 acquisition of China Music Corp.’s stakes violated regulations partly because of a lack of reporting to authorities, according to a statement by the anti-trust watchdog on Saturday. The State Administration for Market Regulation required Tencent and its affiliates to waive exclusive music rights within 30 days and handed down a fine of 500,000 yuan ($77,145).

        • Studios Appear To Be Preparing an Assault on UK Movie Piracy

          Several more movie studios have quietly joined a partnership with the Federation Against Copyright Theft that bears all the hallmarks of a pending major anti-piracy scheme. It will be of concern to UK-based pirates that several of the companies are already involved in broad litigation activity in the United States against both downloaders of content and those that provide it.

        • Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

          Katfriend Dr Sabine Jacques, Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

          The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours. Senftleben has responded laudably to addressing this colossal challenge by writing a scholarly book which is sure to be a ‘go to’ reference for anyone interested in IP overlaps and protection asymmetries.

          [...]

          Just as it takes a highly skilled watchmaker to make a truly accurate mechanical watch, so it takes a stellar IP scholar to explore and resolve the tensions between copyright and trademark law. Borrowing the eyeglass of a watchmaker, Senftleben explores the internal mechanisms of copyright and trademark to suggest new ways of applying trademark doctrines without impoverishing the public domain, hindering creativity or even diluting the true aims of trademark law. Akin to watchmaker’s deft touch in creating a watch movement, the author’s meticulousness in addressing every possible scenario is commended.

          Nevertheless, not all will agree with some of the work’s premises, such as the conception of the author and the role of the public domain in copyright. Others (including the reviewer) would perhaps have liked to have seen more on the impact of the US Court of Appeal case, Rogers v. Grimaldi, which is relied upon heavily in Chapter 9, because it identified a defence based on ‘artistic relevance.’ A court in a later case, Stouffer v. Nat’l Geographic Partners, LLC, No. 18-cv-3127-WJM-SKC, 2019 U.S. Dist. LEXIS 140947 (D. Colo. Aug. 20, 2019) – which perhaps came too late for included in this edition of book – highlighted some shortcomings in the Rogers test, and established a different test of ‘genuine artistic motive’. Finally, although the author discusses (US-style) ‘fair use’ and its absence from EU IP law, the reader is left to wonder whether the author is in favour of introducing fair use into EU trademark legislation. Whilst this may be desirable in copyright which requires a dynamic paradigm, might trademark law’s static focus precludes a fair-use-type analysis? However, all this is just nit-picking. Senftleben has written a marvellous, scholarly monograph which will feed into and fuel discussion for years to come. It is not only comprehensive; it is a thoroughly enjoyable read.

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