Microsoft Tries Pushing/Imposing Their Office Suite on Edge Users (4% of the Web) in the Context Menu

Posted in Antitrust, Microsoft at 10:12 pm by Guest Editorial Team

Guest post by Ryan, reprinted with permission from the original

Microsoft tries pushing their office suite on Edge users (4% of the web) in the context menu.

It’s possible that this is why they have a “Linux” and “Mac” version at all, and not just the Windows Vista SP 11 crapware that won’t take no for an answer.

Few people with a brain in their head would pay for Microsoft Office, much less a version that doesn’t even work if you have no Internet connection, or if the server goes down.

It has happened numerous times. One of my attorneys couldn’t even get documents I was sending her because Microsoft “365” was about as stable as Charles Manson.

It made her look incompetent.

Microsoft is positioning themselves as something they’re not. Even though it’s also foolish to rely on Google Docs, I can’t recall any substantial downtime.

Microsoft’s products hardly ever end up working out well, no matter what they are.

It has been this way forever. They even replaced 8 XBOX 360s under warranty for me alone. It got so ridiculous, that I sold #8, along with all of my games, and canceled my account. In fact, they kept billing me and I had to talk to the vice president of XBOX, “Major Nelson”, to cancel a subscription.

Many people put up with Windows because of the foot-in-the-door tactic of shoveling it on them like some sort of a cursed object with the purchase of their PC.

But all you get in the way of Microsoft Office is a stub that lets you spend hundreds of dollars of your hard earned money (in this economy!) when LibreOffice works on Windows, is compatible, and costs $0.

Many home users have little to no need of a full blown office suite, and those who do should really shop around, but I think LibreOffice is the best out there right now.

Nevertheless, with Microsoft’s market share with Edge being a blip despite even continuing to push it to their latest zombified unsupported OS, Windows 7, and Mac and Windows users that gawk at it like “WTF is this crap? LOL!”, they still manage to be a very nasty company to the people who run Edge.

It’s inappropriate to add spam and junk to a Web browser, or any program, which is why I gave up Firefox, which is going that route.

Richard Stallman called Ubuntu Unity (their former desktop environment) malware over an Amazon Shopping keylogger, very similar to what Firefox is pushing now.

Canonical even made the same arguments, that the evil was a means to an end, to fund their software development. Doesn’t matter. Unity is gone. Is anyone worse off for it? No. We were worse off, as a community, for their wasted effort on it.

I don’t think that GNOME Web is going to start trying to sell me Amazon products it thinks I might be typing in through my address bar anytime soon. Free and Open Source Software doesn’t work this way.

Someone would write a patch as soon as they got annoyed with it, and then share that patch, and that would be the end of it.

That’s exactly where the “LibreWolf-ing” of Firefox is heading.

As for Microsoft Edge, I mean, they are dumping resources into this godawful thing and getting all of the usual suspects to spam it for them, and for what ultimate purpose I am unsure, because from where I’m sitting, it’s hard to believe that short of banning all other browsers on Windows entirely, from even running, that they could pick up any serious traction with this turd.

Links 15/11/2021: Linux 5.16 RC1 Released

Posted in News Roundup at 9:32 pm by Dr. Roy Schestowitz

  • GNU/Linux

    • Linux Weekly Roundup #156

      We had a peaceful week in the world of Linux release with the releases of ArcoLinux 21.11.05, Bluestar Linux 5.15.2, and SparkyLinux 6.1.

    • 9to5Linux Weekly Roundup: November 14th, 2021

      This has been yet another great week with cool Linux news, starting with Valve’s SteamOS 3.0, which will be available for download after Steam Deck’s launch in February 2022, and continuing with the latest Raspberry Pi OS release based on Debian Bullseye.

      On top of that, I take a look at an unofficial LineageOS build for Raspberry Pi 4 computers based on Google’s Android 12 mobile operating system. You can enjoy these and much more in 9to5Linux’s Linux weekly roundup for November 14th, 2021, below!

    • Audiocasts/Shows

    • Kernel Space

      • Linux 5.16-rc1
        It's been two weeks, and the merge window is thus closed.
        I actually anticipated more problems during the merge window than we
        hit - I was traveling with a laptop for a few days early on in the
        merge window, and that's usually fairly painful. But - knock wood - it
        all worked out fine. Partly thanks to a lot of people sending in their
        pull requests fairly early, so that I could get a bit of a head start
        before travels. But partly also because I didn't end up having any
        "uhhuh, things aren't working and now I need to bisect where they
        broke" events for me on any of my machines. At least yet.
        So who knows? Maybe this will be one of those painless releases where
        everything just works.
        Anyway, it's not a huge release, although it's also not a remarkably
        small one like 5.15 was (ok, "remarkably small" is relative, when even
        such small releases have 10k+ commits).. There's a bit of everything
        in here, and you can look to the appended mergelog for some kind of
        flavor, but I guess the folio work is worth mentioning, since it's an
        unusually core thing that we don't tend to see most releases. The
        intent is to have a more efficient and type-safe way to specify "head
        of a group of pages", rather than the page pointers and
        "compound_head()" and friends.
        That said, the folio changes may be unusually core, but they certainly
        aren't the bulk of the changes. Pretty small in the end, with the real
        meat and potatoes being all the usual stuff. As always, most of the
        changes are to drivers (gpu, networking, sound and staging stand out,
        but it's all over) and architecture code. Hardware support is the bulk
        of the code, it gets the bulk of the changes.  But we obviously have
        all the normal other updates, with filesystem, networking, and core
        kernel code. With documentation and tooling support filling the gaps.
        And somewhat unusually, our library code stands out in the diffstat,
        thanks to the big update to a more recent version of upstream libzstd.
        Anyway, the merge window may have gone about as smoothly as I could
        hope for, but let's get the whole stabilization phase started with
        some serious testing, shall we?
      • Linux 5.16-rc1 Released With Intel AMX, FUTEX2, Folios & A Lot More
      • Torvalds releases Linux 5.16 rc1, with performance-enhancing memory tech

        Linus Torvalds has loosed the first release candidate for version 5.16 of the Linux kernel.

        In his Sunday afternoon State of the Kernel announcement, Torvalds indicated the merge window for the new release did not include any “uhhuh, things aren’t working and now I need to bisect where they broke” moments.

      • Linus Torvalds Announces First Linux 5.16 Kernel Release Candidate

        While Linux kernel 5.15 is shy to appear in the stable software repositories of some of the most popular GNU/Linux distributions these days (hint: it just hit Arch Linux’s repos on Friday), development on the next major kernel series, Linux 5.16, is ramping up, and now it’s time to go out and test the first RC (Release Candidate).

        Linus Torvalds just announced today the very first Release Candidate milestone of Linux kernel 5.16, which promises to be a great release for Linux gamers as it adds Collabora’s FUTEX2 system call that brings better performance in modern games.

      • Linux 5.16′s New Cluster Scheduling Is Causing Regression, Further Hurting Alder Lake – Phoronix

        Linux 5.16-rc1 is coming out later today and already I’m seeing some fallout in the new kernel’s performance… In particular, bad news for Alder Lake that is already seeing the Linux performance trailing Windows 11 seemingly due to the lack of Thread Director integration right now in the kernel and any other missing optimizations around Intel’s hybrid architecture. A new feature of Linux 5.16 is unfortunately having unintended regressions for Alder Lake with at least the flagship Core i9 12900K. Here are the results from the latest kernel bisecting that uncovered this latest upstream slowdown.

    • Applications

      • BleachBit 4.4.2

        When your computer is getting full, BleachBit quickly frees disk space. When your information is only your business, BleachBit guards your privacy. With BleachBit you can free cache, delete cookies, clear Internet history, shred temporary files, delete logs, and discard junk you didn’t know was there.

        Designed for Linux and Windows systems, it wipes clean thousands of applications including Firefox, Internet Explorer, Adobe Flash, Google Chrome, Opera, Safari, and more. Beyond simply deleting files, BleachBit includes advanced features such as shredding files to prevent recovery, wiping free disk space to hide traces of files deleted by other applications, and vacuuming Firefox to make it faster. Better than free, BleachBit is open source.

      • PeaZip 8.3.0

        PeaZip is an open source file and archive manager. It’s freeware and free of charge for any use. PeaZip can extract most of archive formats both from Windows and Unix worlds, ranging from mainstream 7Z, RAR, TAR and ZIP to experimental ones like PAQ/LPAQ family, currently the most powerful compressor available.

      • Top 9 Best Download Managers for Linux

        With the help of a download manager, users can easily download files from the Internet. It can be built into a Web browser, or as a stand-alone manager.

        Operating systems like Windows have thousands of options while choosing the right download manager for their system. In the case of Linux, there are only a few download managers available. Thanks to their incredible features, free and options, these available download managers fulfill the requirements easily.

        Here on this page, I have listed the best Download Managers for Linux.

    • Instructionals/Technical

      • How to play PAYDAY: The Heist on Linux

        Payday: The Heist is a co-op video game developed by Overkill Software and published by Daybreak Game Company. In the game, players are bank robbers and try to rob banks as fast as possible. Here’s how to play it on Linux.

      • How to play Tomb Raider: Anniversary on Linux

        Tomb Raider: Anniversary is a remake of the first Tomb Raider game that was released in 1996. The game follows protagonist Laura Croft as she searches for the Scion of Atlantis. Here’s how you can play Tomb Raider: Anniversary on Linux.

      • AWS SAM: Tutorial – Anto ./ Online

        This tutorial will show you how to use AWS SAM. You will see how to initialize a sample Python project, build it and deploy your code as an AWS Lambda function.

        As a side note – you are not limited to Python. The reason is that AWS SAM can use any runtime supported by AWS Lambda. Also, SAM is an extension of AWS CloudFormation. So, you get all the benefits and capabilities of AWS CloudFormation.

      • How to install Minetest on Elementary OS 6.0 – Invidious

        In this video, we are looking at how to install Minetest on Elementary OS 6.0. Enjoy!

      • Understanding Standard I/O on Linux

        Improve your Linux command-line workflow by piping multiple commands together using standard I/O.

        As you use Linux, you may come across references to “standard I/O,” or “standard input,” “standard output,” and “standard error.” What do these terms mean?

        Standard input is a term for the input that a command-based program receives. In interactive use, it is normally from the keyboard, but as you’ll see later, it can also come from a file.

        While the keyboard these days is usually plugged directly into the machine, when text terminals were more common, standard input was taken from the terminal keyboard connected to a central minicomputer or mainframe. Modern Linux systems use terminal emulators or the system console for standard input.

      • How to Install Cockpit on Debian 11 Bullseye – LinuxCapable

        Cockpit is a free remote server manager that is lightweight and easy to use for GNU/Linux servers. Cockpit is a web-based graphical interface for servers intended for people new to Linux to the experts such as sysadmins. Cockpit makes Linux discoverable, allowing anyone using the software to perform tasks such as start containers, administer storage, configure networks, and inspect logs.

        In the following tutorial, you will learn how to install Cockpit on your Debian 11 Bullseye operating system.

      • How to Install Spotify on Linux

        Spotify is one of the biggest music streaming services out there. It has native clients for both mobile (Android and iOS) and desktop (Mac and Windows) devices.

        Unfortunately, though, Linux only gets an unsupported Spotify client. So if you plan on using Spotify on Linux, you can either install its unsupported desktop client or use the Spotify Web Player.

        In our opinion, using the desktop client—albeit unsupported—is still a better choice since it gives you access to all Spotify features otherwise unavailable on the web. Follow along as we demonstrate the steps to install Spotify on Linux.

      • How To Install CUDA on Ubuntu 20.04 LTS – idroot

        In this tutorial, we will show you how to install CUDA on Ubuntu 20.04 LTS. For those of you who didn’t know, CUDA stands for Compute Unified Device Architecture. CUDA comprises the CUDA toolkit ( compiler, profile, and debugger ), the software driver, and the CUDA SDK. The software layer gives direct access to the GPU’s virtual instruction set and parallel computational elements. For deep learning researches and framework developers use cuDNN for high-performance GPU acceleration.

        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 the step-by-step installation of the CUDA on Ubuntu 20.04 (Focal Fossa). You can follow the same instructions for Ubuntu 18.04, 16.04, and any other Debian-based distribution like Linux Mint.

      • How to install RabbitMQ in OpenSUSE Leap 15.3

        In this guide we will explore how to install the latest release of RabbitMQ in OpenSUSE Leap 15.3 server or Workstation

        RabbitMQ is an open source message broker software that implements the Advanced Message Queuing Protocol (AMQP). RabbitMQ works by receiving messages from publishers (applications that publish them) and routes them to consumers (applications that process them).

      • How to upgrade Linux Kernel on Rocky Linux/AlmaLinux/CentOS 8

        In this guide I will show you how to upgrade our Linux Kernel to the latest version on our Rocky Linux/ AlmaLinux and CentOS.

        Linux Kernel is a free and open source, monolithic, modular, multitasking unix-like operating system. It is the main component of a Linux operating system and is the core interface between the computer’s hardware and its processes. It makes communication possible between computer hardware and processes running on it and it manages resources effectively.

      • How to install Erlang on Opensuse Leap 15.3

        Erlang is a functional, general-purpose, concurrent programming language and garbage-collected runtime environment built for concurrency, fault tolerance, and distributed application architectures. It is supported and maintained by Ericsson OTP product unit.

        In this guide, we will install Erlang/OTP in a Opensuse Leap 15.3.

      • Install Apache JMeter on Ubuntu 20.04 LTS Focal Fossa

        Apache JMeter is open-source like any other Apache foundation project. It is meant to analyze system functional behavior by running performance tests, regression tests, stress tests, and database servers based on different technologies. However, earlier it was designed to test only web applications.

        JMeter is Java-based, hence can be used to know what would be the performance of various applications and software. It sends a request to web or application servers for different loads by simulating browser behavior. The scripting language for JMeter is Groovy (an object-oriented programming language used for the Java platform). Browser plugins are also supported in this testing platform.

    • Distributions

      • Reviews

        • Review: Waydroid

          Waydroid seems like a good idea and a useful concept. It’s even relatively easy to set up, assuming you are running a distribution with the necessary kernel features and a modern Wayland session. The command line syntax for Waydroid is quite straight forward and it even has little helpful blurbs on what options are available. In short, the Waydroid project seems to be doing several things well.

          While I could install Android apps into the container and even run them (according to my system monitor), I was unable to ever see any Android apps or interface. Perhaps I’m missing a key component, perhaps it’s a bug. I looked through the Waydroid log (kudos to the team for making logging and debugging a key feature right from the start), but I was unable to find any problem. There was a warning at times about Waydroid not being able to identify the “host_user”, but the “waydroid status” output also showed it correctly found my username and ID.

    • Devices/Embedded

  • Leftovers

    • Tiny Talisman Warns Wearer About UV Exposure | Hackaday

      Given how important our Sun is, our ancestors can be forgiven for seeing it as a god. And even now that we know what it actually is and how it works, it’s not much of a reach to think that the Sun pours forth evil spirits that can visit disease and death on those who bask too long in its rays. So an amulet of protection against the evil UV rays is a totally reasonable project, right?

    • Hardware

      • Forget Radio! Transmitting With Neutrons | Hackaday

        Throughout history, people have devised ways to send information across long distances. For centuries we relied on smoke signals, semaphores, and similar physical devices. Electricity changed everything. First the telegraph and then radio transformed communications. Now researchers at the University of Lancaster have demonstrated another way to send wireless data without using electromagnetic radiation. They’ve harnessed fast neutrons from californium-252 and modulated them with information with 100% success.

        The setup was interesting. The radioactive material was encased in a cubic meter steel tank filled with water. A pneumatic system can move the material to one edge of the tank which allows fast neutrons to escape. A scintillating detector can pick up the increased neutron activity. It seems like it is akin to using what hams call CW and college professors call OOK (on off keying). You can do that with just about anything you can detect. A flashlight, knocking on wood, or — we suppose — neutrons.

    • Health/Nutrition/Agriculture

      • Regeneron Antibody Cocktail Approved by European Commission to Treat and Prevent COVID-19

        Regeneron Pharmaceuticals, Inc. (NASDAQ: REGN) today announced that the European Commission (EC) has approved the casirivimab and imdevimab antibody cocktail, known as REGEN-COV® in the U.S. and Ronapreve™ in the European Union (EU) and other countries. The EC granted marketing authorization for the antibody cocktail for people aged 12 years and older for the treatment of non-hospitalized patients (outpatients) with confirmed COVID-19 who do not require oxygen supplementation and who are at increased risk of progressing to severe COVID-19, and to prevent COVID-19. This decision follows yesterday’s positive opinion by the European Medicines Agency’s (EMA) Committee for Medicinal Products for Human Use (CHMP).

      • 9 Meters Biopharma, Inc. Announces Immuno-Oncology Collaboration with Gustave Roussy for NM-102, a Gut Microbiome Modulator
      • Patent Docs: FDA Issues Final and Draft Guidances on Biosimilar Development under BPCIA

        In September, the U.S. Food and Drug Administration issued Final Guidance entitled “Questions and Answers on Biosimilar Development and the BPCI Act: Guidance for Industry,” and Draft Guidance entitled “New and Revised Draft Q&As on Biosimilar Development and the BPCI Act (Revision 2).”

        The Final Guidance provides its Answers in final form, having been subject to the notice and comment requirements for FDA Guidances and originally promulgated as Questions and Answers on Biosimilar Development and the BPCI Act (April 2015) and New and Revised Draft Q&As on Biosimilar Development and the BPCI Act (Revision 2) (December 2018). The Answers are classified into three groups: biosimilarity or interchangeability; provisions related to the requirement to submit a BLA for a “biological product”; and exclusivity.

    • Finance

    • Monopolies

      • Pharma wary of counterfeiting becoming crime against humanity [Ed: A "crime against humanity"??? Only lunatics would compare sharing to piracy and misuse labels like "crime against humanity"...]

        Industry sources say calls to make counterfeiting a crime against humanity could help raise awareness, but add that they might not make a practical difference

      • Week Ahead in Intellectual Property: Nov. 1, 2021
        [Ed: This headline is nothing but a misleading propaganda term, in this case promoted by a billionaire-owned 'news' network]
      • Patents

        • Supreme Court of Canada denies leave regarding lisdexamfetamine patent decision

          As previously reported, Apotex sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 52) affirming a Federal Court decision finding that the claims of a patent relating to lisdexamfetamine (Shire’s VYVANSE) were valid and prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex for its product until the patent’s expiry. On October 7, 2021, the Supreme Court of Canada denied leave to Apotex (Apotex v Shire, Docket No. 39662).

        • Senators slam Albright over ‘extreme concentration’ of patent cases [Ed: Very related realisation of the obvious]

          A bipartisan pair of U.S. senators have accused U.S. District Judge Alan Albright of misusing his power to make his Waco, Texas court a hotbed for patent litigation, in a letter to U.S. Chief Justice John Roberts.

          Republican Senator Thom Tillis of North Carolina and Democratic Senator Patrick Leahy of Vermont in their Tuesday letter criticized the “extreme concentration of patent litigation” in the U.S. District Court for the Western District of Texas and the “unseemly and inappropriate conduct that has accompanied this phenomenon.”

          Leahy and Tillis are the chair and ranking member, respectively, of the Senate Judiciary Committee’s Subcommittee on Intellectual Property. The senators didn’t mention Albright by name in the body of the letter, but refer to him in several footnotes.

        • Loconsole on a Recent Italian Patent Damages Decision

          This decision–Cappellotto S.p.A v. Farid Industrie S.p.A., Cassazione civile sez. I – 02/03/2021, n. 5666– was previously discussed by Giulia Pasqualetto and Federica Franchetti on EPLaw (in both a short post a longer, four-page write-up), as I noted here. It is now also the subject of a short article by Michele Loconsole, Reasonable Royalty and “Adequate” Compensation for Patent Infringement: Italian Supreme Court, No. 5666/2021, 43 E.I.P.R. 752-54 (2021).

        • More Venue and Corporate Games: This time with ANDA filing [Ed: Patents misused in the patent system, gaming it]

          Celgene markets a drug treatment for multiple-myeloma (pomalidomide) covered by several of its patents. Mylan created and submitted an ANDA to the FDA, requesting permission to make a generic version of the drug and arguing that the Celgene’s patents were invalid.

          Celgene then sued in D.N.J. and Mylan argued improper venue. Notably, Mylan argued that it is not incorporated in N.J., it does not have any regular-and-established place of business in N.J., and it did not commit acts of infringement in N.J. The state-of-incorporation was not contested, but the other two factors were hotly debated.

          Lets talk first about acts of infringement. Remember for 271(e), the act of infringement is submitting the ANDA to the FDA. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. The FDA is headquartered in Maryland, and that was the office that received the ANDA documents. Thus, it is clear that Mylan’s acts were in W.V., and probably also in Maryland, but not in N.J.

        • Celgene Corp. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2021)

          The question of the proper court for a branded pharmaceutical maker to bring suit against an Abbreviated New Drug Application filer under the Hatch-Waxman Act is surprisingly unsettled seeing as the Act was enacted in 1984. The Federal Circuit brought some measure of clarity to the question recently when it affirmed a District Court dismissal of an ANDA action on improper venue grounds, in Celgene Corp. v. Mylan Pharmaceuticals Inc.


          Having dispensed with the venue question, the Court next addressed an issue of sufficiency of the pleadings in the District Court’s dismissal of Celgene’s complaint against Mylan N.V. On the Rule 12(b)(6) question, the panel found persuasive, in reviewing the decision de novo, that MPI and not Mylan N.V. had signed the ANDA and that MPI had not acted as Mylan N.V.’s corporate alter ego (as had the District Court). In coming to this conclusion, the Court relied heavily on the procedural principles underlying the Supreme Court’s decisions in Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), and Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007), regarding Celgene’s failure to establish either ground for Mylan N.V.’s liability based on assertion of insufficient facts. The opinion summarizes Celgene’s asserted litany of possible liability-inducing facts as being “too conclusory” and “[j]ust not enough.” The Court expressly rejected Celgene’s attempt to analogize the situation in this case with that in In re Rosuvastatin Calcium Pat. Litig., 703 F.3d 511 (Fed. Cir. 2012), where, according to the opinion, “the entity that signed the ANDA sought to escape liability because it claimed that it was only filing the ANDA as the agent of a Canadian company” (emphasis on opinion). In this case all that Celgene had asserted was “unadorned suspicion” of defendants “working in concert” for an ANDA where only MPI submitted the ANDA in question.

          On the leave-to-amend question, the Court held the District Court had not abused its discretion on the facts before them. In addition, the opinion states that Celgene had not complied with the District Court’s local rules (based on a deadline for filing amendments to the complaint). Celgene unsuccessfully argued that the District Court applied the wrong deadline based on a difference in such deadlines in other related cases as set forth above. Unfortunately for Celgene, however, the parties had stipulated that resolution of Rule 12 motions in this case would be governed by the decision in the earlier case, and the Federal Circuit applied this stipulation to the question before it under Rule 15. And further, the opinion notes that Celgene had not made this argument before the District Court, further dooming its efforts before the Federal Circuit.

          The Court’s precedential decision establishes the principle that a notice letter under Paragraph IV cannot form the basis for establishing venue and reinforces the primacy of the principles enunciated in Cray in patent venue cases, here as applied in ANDA cases. For those reasons alone the decision is a significant advance in certainty regarding the requirements for establishing venue.

        • Merck Will Share Formula for Its Covid Pill With Poor Countries [Ed: Not the same as actually cancelling the patents and also a selective application of them, which is designed to keep the price artificially high]

          Merck has granted a royalty-free license for its promising Covid-19 pill to a United Nations-backed nonprofit in a deal that would allow the drug to be manufactured and sold cheaply in the poorest nations, where vaccines for the coronavirus are in devastatingly short supply.


          Merck reported this month that the drug halved the rate of hospitalizations and deaths in high-risk Covid patients who took it soon after infection in a large clinical trial. Affluent nations, including the United States, have rushed to negotiate deals to buy the drug, tying up large portions of the supply even before it has been approved by regulators and raising concerns that poor countries could be shut out of access to the medicine, much as they have been for vaccines.

          Generic drug makers in developing countries are expected to market the drug for as little as $20 per treatment (a 5-day course), compared to the $712 per course that the U.S. government has agreed to pay for its initial purchase.

        • Sony’s new patent could bring real-time image upscaling to PS5 and PSVR PS5 [Ed: Patents cannot do that; the article conflates a functionality with a patent, which is just a monopoly on some idea]

          A new patent, filed by Sony Interactive Entertainment (via Resetera) outlines a plan for a “computer-implemented method for completing an image.” Traditionally, images can contain “regions of missing or corrupted image data.” Various processes exist for filling in those gaps, but machine learning techniques can be performance-intensive or time consuming.

          To bypass those issues, Sony’s new computer-implemented method involves generating a ‘mask’ of the image, revealing some sections of it and hiding others, before altering it, and applying filling processes based on the presence or absence of holes. Eventually, the computer will learn a relatively simple means of categorising whether a hole should be there or not, allowing it to fill things in more quickly, with less computational power.

        • Patents on Psychedelics: The Next Legal Battlefront of Drug Development

          In the past few decades, pioneering research has rekindled interest in the therapeutic use of psychedelic substances such as psilocybin, ibogaine, and dimethyltryptamine (DMT). Indigenous communities have used them for centuries, and researchers studied them in the 1950s and 60s. However, most psychedelics were banned in the 70s, when President Nixon launched the U.S. war on drugs. Fifty years later, rising rates of mental illness, substance use, and suicide are prompting researchers to revisit psychedelics, and some have gained permission to study them in limited quantities. Clinical trials are producing promising results, creating enthusiasm for commercializing and patenting psychedelics.

          This Essay analyzes the ethical, legal, and social implications of patenting these controversial substances. Patents on psychedelics raise unique concerns associated with their unusual qualities, history, and regulation. Because they were criminalized for decades, the Patent Office lacks personnel with expertise in the field, increasing the likelihood of granting meritless psychedelic patents. Moreover, because Indigenous communities pioneered many aspects of modern psychedelic therapies, their patenting by Western corporations may promote biopiracy, the exploitation of Indigenous knowledge without compensation. Importantly, control of psychedelics by a small number of companies may stifle innovation and reduce access to these therapies. The Essay presents proposals to reduce the risk of biopiracy and the issuance of meritless psychedelic patents. Potential solutions include the implementation of psychedelic patent pledges, the creation of psychedelic prior art repositories, and the tightening of patentability requirements for novel drug therapies. The Essay concludes that ultimately, due to their importance to the advancement of science and public health, psychedelics are appropriately viewed as research tools, eligible only for limited patent protection.

        • Supreme Court gives certainty to patentees in unlawful means economic tort claims

          Dealing requirement upheld as an essential component of the tort, leaving intact the current system for litigating patents in the UK


          This case concerned an appeal brought by the Secretary of State for Health and the NHS Business Services Authority (the appellants) against Servier. The appellants fund the cost of medicines dispensed by the NHS in England. Servier developed and manufactured a drug, perindopril, used for the treatment of cardiovascular disease including high blood pressure, and also marketed it as “Coversyl”.

          In 2001, Servier applied to the European Patent Office (EPO) for a patent claiming the alpha crystalline form of the tert-butylamine salt of perindopril. In 2004, the patent was granted by the EPO, including a UK designation. Opposition proceedings were brought against the patent, which was upheld by the EPO’s Opposition Division in 2006.

          Servier sought to enforce the UK designation of the patent in the English courts and obtained preliminary injunctions against competitors who wanted to launch generic versions of perindopril. However, the generic companies counterclaimed that the patent in suit was invalid and they were successful at the trial in 2007. That decision of invalidity was upheld by the English Court of Appeal in 2008, and in 2009 the EPO’s Technical Board of Appeal revoked the patent. The appellants had not been involved with the proceedings at the EPO nor in the English courts.

        • The Federal Circuit holds that the Structure of the PTAB is Constitutional [Ed: Reassessing the legitimacy of lousy patents that are used for extortion is perfectly reasonable]

          Is the Patent Trial and Appeal Board (“Board”) constitutional? This was a question asked by Mobility Workx in Mobility Workx, LLC v. Unified Patents, LLC, 2021-1441, 2021 WL 4762265 (Fed. Cir. 2021). Mobility Workx raised this challenge on appeal from a decision by the Board finding that Mobility Workx’s patents were unpatentable as obvious. On appeal Mobility Workx argued, among other things, that the Board’s structure violated due process and the Appointments Clause. The Federal Circuit held that Mobility Workx’s constitutional arguments were without merit and remanded to the Director to determine whether to grant a rehearing. Id. at *1. Judge Newman, however, filed a dissenting opinion arguing that Mobility Workx’s due process arguments and challenge under the Appointments Clause deserved further review.


          Mobility Workx raised two constitutional challenges to the structure of the Board. First, that the “Board members have an interest in instituting AIA proceedings to generate fees to fund the agency and ensure future job stability.” Id. at *2. Second, that “individual [APJs] have a personal financial interest in instituting AIA proceedings in order to earn better performance reviews and bonuses.” Id. Each are discussed below in turn.

          Mobility Workx argued that the structure and funding of the Board violates due process because the “the fee-generating structure of AIA review[] creates a temptation for the Board to institute AIA proceedings in order to collect post-institution fees [] and fund the agency.” Id. at *4, *5 (internal quotations and citations omitted). Specifically, Mobility Workx alleged that the Chief APJ, Deputy Chief APJ, and Vice Chief APJ perform two unconstitutionally permissible functions, they (i) participate in AIA review proceedings and provide policy direction and (ii) oversee fiscal planning and expenditures of the Board. Id. at *5. Mobility Workx alleged that this is an “impermissible mixing of judicial and administrative/executive roles,” citing Tumey v. Ohio, 273 U.S. 510 (1927) and Ward v. Monroeville, 409 U.S. 57 (1972). Mobility Workx, LLC, 2021 WL 4762265, at *5.

          The Federal Circuit reasoned that Mobility’s argument was unfounded. First, unlike the mayors in Tumey and Ward,2 the Director and not the Chief APJ, Deputy Chief APJ, and Vice Chief APJ, is responsible for the agency’s finances. Id. Like Dugan v. Ohio,3 the role of the APJs in budgetary decisions is remote because while the USPTO is a fee-funded agency with its annual operating costs paid through collecting fees, its budget is set by the President and then Congress. Id. at *6. Therefore, the Federal Circuit found no due process violation under Tumey based on the fee-structure of the Board and funding of the agency.

        • Moot Court: Aka Spinning Class at the Law School [Ed: Patently-O in bed with the patent litigation 'industry' (also gets paid for this).]

          Folks at McKool Smith have provided some funding and so the winner receives a nice $1,000 check.

        • Qiagen North America Holdings Inc. v. Handylab, Inc. (Fed. Cir. 2021)

          The inter partes review (IPR) provisions of the Leahy-Smith America Invents Act have been castigated by many for the propensity of the Patent Trial and Appeal Board (PTAB) to find claims challenged in these proceedings to be anticipated or obvious (albeit this outcome has been less frequent for technologies in chemical and life sciences patents). Perhaps one reason for this less predictable negative outcome in these technologies is the countervailing (to some extent) deference the Federal Circuit has been compelled to give Patent and Trademark Office decisions on factual questions (see Dickinson v. Zurko), and the reliance of anticipation and obviousness rejections on the facts adduced by the parties in IPRs. These considerations came into play recently in the Federal Circuit’s non-precedential opinion in Qiagen North America Holdings Inc. v. Handylab, Inc., affirming the PTAB’s Final Written Decision (FWD) finding that the claims challenged in the proceeding were non-obvious.


          Having determined that the scope of evidence properly relied upon by the Board in making its non-obviousness determination to be (primarily) each parties’ expert witness testimony, the panel held that there was substantial evidence supporting the Board’s holding, including that “Qiagen’s Petitions contained only ‘a single reference to reasonable expectation of success, in a conclusory statement that “a POSA would have been motivated to combine the multiplexing PCR unit of [the '186 patent] with a conventional integrated machine such as in [the cited published patent applications]‘” with a high expectation of success.’”

        • New Report Shows That Europe Lags Behind on Robotics Patents [Ed: Patent litigation lawyers see everything in terms of patents and lawsuits, so they ignore meaningful measures like patent quality actual R&D; in this case, a convicted corrupt firm uses shaming tactics to propel 'sales']

          A report from the Centre for Security and Emerging Technology (CSET) has shown that European Countries lag behind China, Japan, South Korea and the US for patenting technologies related to robotics. CSET is a policy research organization within Georgetown University’s Walsh School of Foreign Service.

        • Hyundai Motor Ranked 3rd in Global Self-driving Patent Applications [Ed: These patents are not products, but KIPO perpetuates old myths of patent litigation firms, equating one thing to entirely another]

          The Korean Intellectual Property Office (KIPO) said on Nov. 11 that Korean companies, including affiliates of Hyundai Motor Group and LG Group, are rapidly increasing their self-driving patent applications.

        • U.S. Patent Eligibility Muddle Sets It Apart From Other Countries [Ed: Longtime patent maximalist Matthew Bultman now works for oligarch 'Mike' Bloomberg, opposing patent quality because patent extremists and profiteers sponsors his 'journalistic' work]

          Ericsson Inc. has patented a media coding invention in more than 90 countries—but in the U.S., patent examiners needed some convincing it was eligible for protection.

          Ericsson’s application was rejected multiple times, with questions about whether it met eligibility criteria in U.S. patent law. Its patent attorneys had to rework the claims and wrangle with the agency.

          According to Ericsson, an examiner eventually allowed the patent, but suggested it was a coin flip whether the patent would survive an eligibility challenge in court.

          Ericsson’s experience, which it described in response to a request by the patent office for comments on eligibility law, highlights how some companies struggle with eligibility requirements in the U.S. in ways they say are different than other parts of the world. A patent office spokesperson said the office is reviewing the comments.

          While many other major IP jurisdictions have clear and predictable standards about what is eligible for patent protection, companies and attorneys say the U.S. system involves more uncertainty and a disconnect between the patent office and courts.

        • Venue: Out of Texas [Ed: Texas had been getting a reputation for fostering corrupt courts that generally seek to make a profit instead of serving justice]

          Ravgen sued Quest in W.D. Texas for infringing two patents covering pre-natal genetic tests. As the map shows below, Quest has dozens of “places of business” open within the Western District (Waco and Austin areas) where Quest was selling the services. So, venue was proper under the narrow venue statute for patent cases, Section 1400(b). Likewise, the court has personal jurisdiction over the defendant with Quest’s Texas-based operations allowing for specific jurisdiction under the minimum contacts test of International Shoe. But, even when jurisdiction and venue are proper, they may still be inconvenient.


          In his order, Judge Albright had noted that his familiarity with the patents at issue and his push for quick trial weighed heavily in favor of keeping the case in Waco. However, the appellate panel found that Albright should not account for any of his familiarity learned after Quest filed its motion for transfer. In addition, the Federal Circuit restated a prior holding that “it is improper to assess the court congestion factor based on the fact that the Western District of Texas has employed an aggressive scheduling order for setting a trial date.” Quoting Juniper.

        • What advisers (and in-house) can learn from BASF v Carpmaels [Ed: Patent lawyers can be very incompetent and EPO deserves more scrutiny than the lawyers, who aren't the biggest scandal in the grand scheme of things]

          Lawyers say missing EPO appeal deadlines is ‘almost impossible’ to rectify but that €1bn BASF claim provides no Schadenfreude

        • H. R. 5874: Restoring America’s Leadership in Innovation Act of 2021 [Ed: This ridiculous thing is only being pushed by patent maximalists funded by the litigation sector]
        • Congressional Republicans Propose to Abolish America Invents Act (and a Bit More) [Ed: Only patent litigation crackpots believe that such a thing can ever pass; they're been trying this for years if not more than half a decade and they always fail]

          It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock (R-CA) in the form of H.R. 5874, the “Restoring America’s Leadership in Innovation Act of 2021.”

          The bill recites Congress’s findings that the Leahy-Smith America Invents Act (along with “several decisions by the Supreme Court”) have harmed the progress of Science and the useful Arts by eroding the strength and value of the patent system (Sec. 2). In addition, this Findings section asserts that “a United States patent secures a private property right to an inventor.”

        • Finnegan Expands European Presence With Second Office [Ed: 7 hires or a small office is major news? While ignoring major EPO scandals and even crimes?]]

          International IP firm Finnegan, Henderson, Farabow, Garrett & Dunner plans to open an office in Munich in January, the firm announced Tuesday.

          The office will be Finnegan’s second European location, having opened its first in Brussels in 1993 before relocating it to London in 2013. Finnegan said its new office will include a team of seven lawyers and legal professionals led by experienced IP litigator Dr. Jochen Herr, who has been hired from Baker McKenzie.

        • IP firm Finnegan launches in Munich with Baker McKenzie partner [Ed: Seems like marketing rather than journalism]

          Intellectual property firm Finnegan, Henderson, Farabow, Garrett & Dunner announced Tuesday it’s set to launch a Munich office with a patent litigator from Baker McKenzie.

          Dr. Jochen Herr will lead a team of three attorneys and three legal professionals who will work out of Munich, according to Finnegan.

          A representative from Finnegan declined to name the other individuals who will be part of the office, citing confidentiality concerns, though they said there will be an additional partner and two senior associates within the group.

        • Moderna and NIH face off over COVID patent creds [Ed: Notice the greed surrounding the vaccines; they only care about patents, never patients]

          Moderna and the National Institutes of Health are locked in a dispute over whom should be credited on patent applications covering the pharmaceutical company’s COVID vaccine, it emerged on Tuesday, November 9.

          The NIH, the US government’s biomedical research agency, says three of its scientists worked with Moderna to design the genetic sequence that prompts the vaccine to produce an immune response.

          It has urged the USPTO to recognise that its inventors should be named on the principal patent application.

          Moderna thinks otherwise.

          In a filing with the USPTO earlier this summer, the company said it had reached a good-faith determination that the three NIH scientists did not co-invent the vaccine. In the patent application, which has not yet been granted, it names several of its own employees as inventors.


          The court agreed with a 2018 decision by the EUIPO’s Opposition Division and a 2020 ruling by the Second Board of Appeal, both of which found that consumers might confuse AC Milan-branded stationery products for the ‘Milan’ range of goods already sold by InterES.

          The General Court concluded: “Since the word element ‘Milan’ is present in both the mark applied for and the earlier mark, the conflicting signs must be regarded as similar conceptually to an average degree for the part of the relevant public for whom that word has a meaning.”

          It added: “Even assuming that, as the applicant claims, part of the relevant public perceives the word element ‘AC Milan’ as a reference to that football club in the city of Milan, the conflicting signs both refer to the Italian city of Milan.”

        • Software Patents

          • Webinar on Recent IP Major Issues in South Korea [Ed: The patent litigation profiteers are shilling software patents in "Hey Hi" clothing]

            Practice on Al and Software Patents

          • Controlling An Avatar: Non-Technical [Ed: Bardehle Pagenberg still exploring the surface on which to push bogus abstract illegitimate software patents]

            In this decision, which might be interesting for game developers, the European Patent Office refused to grant a software patent on a method for controlling an avatar. Here are the practical takeaways of the decision T 3033/18 of August 2, 2021 of Technical Board of Appeal 3.2.04:

      • Trademarks

        • Whittaker’s forced to gin and bear it as the UK IPO throws out its opposition for lack of relevant evidence

          As a fan of gin, this guest Kat could not help but notice a recent decision of the UK IPO Opposition division involving two “Hare” brands. There, the UK IPO rejected an opposition on the ground that the opponent had failed to file sufficient evidence to substantiate its claims of reputation and goodwill regarding gin products [decision here, Opposition No. O/765/21]. So let’s take a look at what happened.

        • In-house: registered designs take chequered flag post-Ferrari [Ed: "Sources" means people who make money from paperwork (north of $200 per hour and the people who sponsor this site]

          The CJEU’s decision in Ferrari confirmed the flexibility of unregistered designs, but sources say registered rights are still more preferable

        • [Guest post] IP entering the Metaverse [Ed: Writing whole articles about buzzwords; "Hey Hi", "IP", "meta"...]

          By now most will have heard of the ‘metaverse’. Announcements such as Facebook’s rebrand of their corporate name to ‘Meta’ and Microsoft announcing virtual avatars in Teams – represented in the media as ‘plays’ for the metaverse – have reached centre-stage. What people are probably less likely to be aware of is the fact that conversations and investment in the metaverse have been ongoing in the video games industry for some time. For example, earlier this year Epic Games, the owners of popular video game ‘Fortnite’, completed a $1 billion round of funding to develop their own metaverse.


          More freedom to create will inevitably lead to more third party infringement. Previously, in video games UGC was contained within the walled garden of a video game with appropriate reporting tools to flag infringing content. In a metaverse, the walls will have come down, meaning that users will be able to create their own content in the wild without limitation. Furthermore, the interoperability of metaverses will inevitably require the mixing of IP between metaverses resulting in brands being used in unforeseen ways, for example, a children’s avatar skin like Peppa Pig could be used in a horror survival game.

          The difficulty for in-house counsel will be managing the risk of their IP being used in inappropriate and commercially damaging ways with the business’s desire to be involved in the metaverse. Companies will need to reconcile their marketing team’s desire for consumers to interact with IP in novel ways while also ensuring that the interaction is compatible with what the company considers to be acceptable use of their IP. This is particularly important since the opportunities for identifying and dealing with infringement issues within a metaverse are not yet clear. Whilst IP licences will be very important for retaining control, it may be difficult for a rightsholder to manage and exercise control if consumers perceive that they ‘own’ a digital asset. It is therefore important for the rightsholders to be upfront with consumers about any transactions involving IP licences to ensure there are no PR backlashes (especially within video games, which has a vocal and at times fragmented community).

        • [Guest post] Conference report: ‘The Fashion Marketplace: Law and Policy’ [Ed: Putting the fashion industry (mostly oligarchy which controls are the prestigious brands) ahead of free expression and human rights; misuses terms and uses fiction like "IP"]

          After an introduction to the legal landscape that currently applies to online marketplaces, the first panel focussed on the IP dimension of digital retail, with a recognition that the COVID-19 pandemic has pushed even more reluctant luxury fashion brands online. Some of the IP considerations discussed included: how brands preserve their cachet and luxury ‘aura’ in an online context; the legal impact of new actors intervening between brand and customer, including marketplace platforms and also influencers; and the counterfeit risk in an increasingly online world.

          On counterfeiting, Manon Rieger-Jansen spoke to the combined impacts of increasingly complex or opaque supply chains, the issues consumers face in identifying counterfeits online, and the role of marketplaces in preventing counterfeits making it to the consumer. There were some startling facts: trade of fake merchandise has risen such that it makes up 3.3% of global trade; and in a recent EU IPO report, it was found that as many as 1 in 3 people have been misled into buying counterfeits.

          With that background, discussion turned to what marketplaces are and should be doing, in a context where the MOU on the sale of counterfeits, which has been live for a decade, has failed to have the impact or gain the traction its founding members had aspired to. Heike Leichsenring was able to give a real-time view from within one of the world’s most well-known marketplaces, Amazon. Her description of the various ways in which Amazon is seeking to help brands battle counterfeits (via, for example, its 2017-launched Brand Registry) corroborated her expressed view that counterfeits are bad news for marketplaces too and it is in everyone’s best interests to be proactive. An interesting specific example of where Amazon is being forced to police activity even off-platform highlighted how social media is changing the game: Heike described how social media influencers have been found to be telling their followers that if they order certain on-platform non-branded items, they will in fact receive counterfeit branded goods.

        • German Bundesgerichtshof: Qualified geographical indications can be protected by trademark law also in the agricultural and foodstuffs sector [Ed: Misuse of overuse of the "law" for rich people's interests and nothing else]

          The German Supreme Court (Bundesgerichtshof) has issued a landmark decision on the relationship between national trademark law and the protection of geographical indications under EU law. The case is called “Hohenloher Landschwein / Hohenloher Weiderind”, with Hohenlohe being a region in Southern Germany, and Landschwein and Weiderind translating into country pork and grazing cattle, respectively (for the recently published full reasoning see here). The decision refers to the complex and sometimes confusing dual protection of geographical indications under special regulations and trademark laws at both national and European level.

          In the area of agricultural products and foodstuffs, EU Regulation No. 1151/12 (“GI-Regulation”) protects geographical indications and designations of origin against various forms of infringement, including direct or indirect use and imitation or evocation, as well as false or misleading indication regarding the essential qualities of the product. The Regulation therefore protects so-called qualified geographical indications – meaning that the geographical indication not only indicates the geographical origin of the product, but also refers to a certain quality of the product. The CJEU clarified in Bud (C-478/07- see here) that special regulations for geographical indications (like the GI-Regulation) preclude national protection, as it is exhaustive in nature. The GI-Regulation’s requirements can therefore not be circumvented by national protection with possibly lower requirements.

      • Copyrights

        • Could Banksy Sue Christopher Walken Over Destroyed Artwork?

          Actor Christopher Walken painted over a Banksy original on “The Outlaws.” Could the street artist claim a violation of his moral rights?

          Actor Christopher Walken has a unique talent. He’s somehow able to come across as a total badass while at the same time looking like a nervous wreck. It’s quite a feat, which is why I think it would be so entertaining to watch him face off in a courtroom under cross examination by…wait for it…Banksy’s copyright lawyer.

          In what possible world would this happen, you ask?

          Well, if I’m being perfectly honest, it probably wouldn’t. But hear me out, because we’ve actually never been closer to what would be, without question, the lawsuit of the decade.

          Walken made international headlines last week when he painted over original Banksy artwork in the season finale of the BBC comedy-drama series “The Outlaws,” which is set in Banksy’s hometown of Bristol, England. (The series will be available to U.S. audiences on Amazon Prime early next year.)

        • Around the IP Blogs

          This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights.


          The Kluwer Trademark Blog analyses the interface between geographical indications and trade marks in light of a recent German Supreme Court’s decision, which highlighted that the geographical indication regime does not preclude protection of qualified geographical indications by way of national collective trade marks.

        • Is the Spanish implementation of Art. 17 CDSM compatible with EU Law? [Ed: Spain being turned into a satellite of the copyright cartel through the EU]

          Let’s imagine that, in the near future, the Court of Justice of the European Union (CJEU) receives a request for a preliminary ruling referring the following question:

          “Must Article 17(4) of Directive 2019/790 on copyright and related rights in the Digital Single Market be interpreted as precluding a national law which allows copyright holders to bring legal actions to compensate their economic harm, such as an action for unjust enrichment, against an online content sharing service provider which meets all the conditions laid down in Article 17(4) to be free from liability if, notwithstanding having made best efforts to remove it, unauthorized content keeps being exploited by that provider giving rise to meaningful harm to right holders?”

          If such a question is ever referred to the CJEU, the odds are that the referring court will be a Spanish one.

        • European Commission proposes a common European data space for cultural heritage

          Earlier this week, the European Commission published a recommendation for a common European data space for cultural heritage.

          As Executive Vice-President for A Europe Fit for the Digital Age, Margrethe Vestager, explained, “[t]he tragic burning of Notre Dame Cathedral in Paris showed the importance of digitally preserving culture and the lockdowns highlighted the need for virtually accessible cultural heritage.”

          The recommendation follows the evaluation of the previous recommendation on online accessibility of cultural material and digital preservation (discussed on the blog here) and aims to “accelerate the digitisation of all cultural heritage monuments and sites, objects and artefacts for future generations, to protect and preserve those at risk, and boost their reuse in domains such as education, sustainable tourism and cultural creative sectors.”

        • A Copyright Case that Pits H&M Against a Pattern Company Goes Before the Supreme Court – The Fashion Law

          The Supreme Court will hear an ongoing copyright case between Swedish fast fashion giant H&M and pattern-making company Unicolors on Monday, and consider whether the U.S. Court of Appeals for the Ninth Circuit erred in breaking with its own precedent, as well as the findings of other circuits and the Copyright Office in holding that the Copyright Act requires a district court to seek guidance from the Copyright Office when there are questions about the validity of a copyright registration but no evidence of fraud or material error on the part of the application-filing party.
          The case got its start back in April 2016 when Southern California-based Unicolors filed suit against H&M in the U.S. District Court for the Central District of California, accusing the fast fashion behemoth of infringing one of its geometric patterns – by way of a “remarkably similar” print – for two styles of garments. On the heels of a December 2017 verdict, in which a jury found that H&M had willfully infringed Unicolors’s copyright-protected pattern, and awarded the pattern company $846,720 in damages, attorney’s fees, and costs, H&M appealed.

        • Opinion: CJEU be warned, copyright referrals may be on the way [Ed: CJEU getting involved too late while lobbyists make a mess for financial gain at the law's expense]

          EU member states are beginning to speed up their adoption of the Copyright Directive into national laws, but divergences could spark more CJEU referrals

Days After Microsoft Killed EdgeDeflector, a New Utility to Stop Edge From Loading Emerges

Posted in Antitrust, Microsoft at 8:45 pm by Guest Editorial Team

Guest post by Ryan, reprinted with permission from the original

Days after Microsoft killed EdgeDeflector, a new utility to stop Edge from loading emerges. The browser that nobody likes or uses. The browser that Microsoft is insisting there’s a “Linux” userbase for that’s just dying to get at it…

MSEdgeRedirect, as it is called, blocks Edge from loading by running as a system tray application and loading the user’s preferred browser instead.

The author claims that he is working on a way to redirect Bing to the user’s preferred search engine as well.

We’ll see how long it takes Microsoft to attack their users and shove Edge down their throats now that this is announced, but it’s unwise to host it on Microsoft GitHub in my humble opinion.

If and when they do, perhaps they can port MSEdgeRedirect to GNU/Linux so that we can install Microsoft Edge and then manually set it as our default browser on one screen instead of the 473 in Windows Vista SP 11, and then deflect it back to our chosen browser, as a show of solidarity with Windows Vista SP 11 sufferers.

In all seriousness, I’ve never seen a company that used to be so powerful grasping at straws to stay relevant like this.

Does pissing the user off normally end well?

Do they think people will use it just because they accidentally click on something?

I’ll stay tuned and keep you on the edge of deflecting Edge.

Links 14/11/2021: EasyOS 3.1.10 and Catch-up With Patent News

Posted in News Roundup at 12:16 pm by Dr. Roy Schestowitz

  • GNU/Linux

    • Kernel Space

      • “MGLRU” Code Updated For More Performant Linux Page Reclamation – Phoronix

        While not coming as part of the new 5.16 cycle, one of the exciting patch series to come about this year has been Google’s work on the Multigenerational LRU (MGLRU) Framework for improving performance around the kernel’s page reclaim handling.

        This low-level feature work for the Linux kernel aims to address the kernel’s page reclaim implementation being too expensive on the CPU and sometimes making poor choices over what to evict. Earlier versions of the multigen least-recently-used code from Google has shown fewer low-memory kills on Android and reducing cold starts up ~16%. On Chrome OS they also found this code to be very beneficial with upwards of 59% fewer OOM kills and 96% fewer low-memory tab discards within the browser. Their testing from mobile to servers found lower CPU usage and better system handling under memory pressure.

      • Graphics Stack

        • Mesa’s Turnip Driver For Qualcomm Adreno GPUs Now Exposes Vulkan 1.2 – Phoronix

          Mesa’s open-source “Turnip” driver that provides Vulkan support for Qualcomm Adreno graphics hardware and complementary to the Freedreno Gallium3D driver can now handle Vulkan 1.2.

          The last piece of the puzzle was recently merged for supporting VK_KHR_separate_depth_stencil_layouts in Turnip. With that landed, the path was cleared for advertizing Vulkan 1.2 API support instead of Vulkan 1.1.

    • Applications

      • PeaZip 8.3 Open-Source Archive Manager Brings Better Xfce Integration, New Linux Features

        PeaZip 8.3 is packed with lots of goodies for Linux users who want to use a powerful archive manager, starting with the ability to customize the maximum length of command scripts generated by the application from 32KB to 2MB from Options > Settings > General, Performances.

        It also improves compliance with Open Desktop specifications by saving config files in the $XDG_CONFIG_HOME/peazip directory if the $XDG_CONFIG_HOME variable is defined (if not, the configuration is saved to $HOME/.config/peazip). Users can import configurations by copying the content of the $HOME/.PeaZip directory to the new location.

      • Ubuntu Brings Thunderbird 91 to Older Releases to Fix Security Flaw

        Thunderbird 91 is being back-ported to Ubuntu 18.04 LTS and Ubuntu 20.04 LTS.

        A security vulnerability affecting the Thunderbird 78.x series both builds offer is being actively exploited in the wild. But as upstream support for Thunderbird 78.x has ended the flaw is unlikely be ever be patched.

      • Android Mirror Tool ‘Scrcpy’ Gains New Features, New Icon

        A new version of Scrcpy is available to download.

        Scrcpy is a free, open source tool that lets you view and interact with your Android device on a Windows, macOS, or Linux PC, wirelessly or wired.

      • QEMU 6.2 On The Way With SGX For VMs, Apple Silicon, More RISC-V – Phoronix

        This week marked the release of QEMU 6.2-rc0 as the first test candidate for this upcoming update that plays an important role in the open-source Linux virtualization stack.

        The rc0 milestone marks the hard feature freeze on QEMU 6.2. There will now be weekly release candidates until QEMU 6.2.0 is ready to ship as stable, which should be around mid-December.

    • Instructionals/Technical

      • How-to install pipe-viewer in Debian | Hund

        pipe-viewer is a lightweight, but yet feature packed application for browsing and watching videos from YouTube.

      • How to Install and Configure Smartctl on CentOS/RHEL 8 and Ubuntu 20.04 – Unixcop the Unix / Linux the admins deams

        Smartctl is a command line utility or a tool in UNIX like operating system that perform SMART tasks such as printing the SMART self-test and error logs, enabling and disabling SMART automatic testing, and initiating device self-tests.

        S.M.A.R.T. is a system in modern hard drives designed to report conditions that may indicate impending failure. smartmontools is a free software package that can monitor S.M.A.R.T. attributes and run hard drive self-tests. Although smartmontools runs on a number of platforms, I will only cover installing and configuring it on Linux.

        Smartctl Self-Monitoring, Analysis and Reporting Technology is designed to perform smart operations from the command line such as initiating device self-tests and printing smart self-test etc. Using smartctl a user can read the smart information from the hard disk and can perform tests on the SSD or hard drive to detect any problems with the hard drive or SSD.

      • How to install and use Darkstat web based Linux Network Traffic Analyzer – Unixcop the Unix / Linux the admins deams

        If you are a system administrator managing a Linux server, you want a simple tool that helps to monitor your server.

        Darkstat is a cross-platform, lightweight, simple, real-time network statistics tool that captures network traffic, computes statistics concerning usage, and serves the reports over HTTP.

      • How to Install Linux Kernel 5.15 on Linux Mint 20 – LinuxCapable

        Linux kernel 5.15 is out with many new features, support, and security. The Linux 5.15 kernel release further improves the support for AMD CPUs and GPUs, Intel’s 12th Gen CPUs, and brings new features like NTFS3, KSMBD (CIFS/SMB3), and further Apple M1 support, amongst many other changes and additions.

        In the following tutorial, you will learn how to install the latest 5.15 Linux Kernel on Linux Mint 20.xx.

      • How to Install phpBB with LEMP on AlmaLinux 8 – LinuxCapable

        With the rise of social media platforms such as Reddit, Facebook, Twitter, and online chat platforms such as discord, we have seen online bulletin forum communities dwindle. Personally, as I just mentioned, they are slowly making a comeback in specific niche communities over the newer additions. phpBB is one of the most extended open-source forum bulletin software on the market.

        phpBB isn’t the only option. Others such as VBulletin, Nodebb, Xenforo, and so on, but most of these are paid with mixed reviews. VBulletin used to be a powerhouse, but now it’s a shadow of its former self. Xenforo is one of the best-paid bulletin pieces of software. However, that is just my personal opinion, but I will always choose phpBB first as it’s free, open-source, and has some great 3rd party open-source developers, both new devs and ones that have been around since the start.

      • How to install and Configure Mariadb 10 in Ubuntu 20.04

        MariaDB is an open-source one of the most popular relational database management system (RDBMS) that is a highly compatible drop-in replacement of MySQL. It is built upon the values of performance, stability, and openness, and MariaDB Foundation ensures contributions will be accepted on technical merit.

        MariaDB was developed as a software fork of MySQL in 2009 in response to Oracle’s acquisition of MySQL. MariaDB intends to remain free and open-source software under the GNU General Public License. It is part of most cloud offerings and the default in most Linux distributions.

        In this guide we will learn how to install and configure MariaDB in Debian 11.

      • How To Install and Configure FreeIPA Client on Ubuntu 20.04 – Citizix

        In this article, we will learn how to install and configure freeipa client on Ubuntu 20.04.

        FreeIPA is an open source Identity management system sponsored by Red Hat. It aims to provide an easily managed Identity, Policy, and Audit.

        This integrations allow a System Administrator to conveniently configure the server centrally, on the FreeIPA server. When a management command is executed on the Client machine, the FreeIPA client sends it to the server where it is executed.

      • How to Install Nmap on Debian 11 Bullseye – LinuxCapable

        Nmap, also known as Network Mapper, is a free, open-source tool used by network administrators to scan for vulnerabilities within their network and network discovery.

        Nmap allows to find devices running on their network and discover open ports and services that, if not secure or hardened, can lead to potential hackers exploiting known vulnerabilities security risks.

        In the following tutorial, you will learn how to install and basic use Nmap on Debian 11 Bullseye.

      • How to Install Xfce Desktop on Rocky Linux 8 – LinuxCapable

        Xfce is a lightweight free, open-source desktop environment for UNIX-like operating systems. It is designed to be fast and light on system resources while visually appealing than the default desktop environments that ship with most operating systems. Xfce is very popular with older systems with hardware as a key feature in its design is to conserve both memory and CPU cycles.

        In the following tutorial, you will learn how to install Xfce on your Rocky Linux desktop.

      • Install FreeRADIUS & daloRADIUS on Debian 10/11 + MySQL/MariaDB – ByteXD

        FreeRADIUS is the most widely-deployed, open-source, and free RADIUS implementation. It works as a daemon (operates in the background) in Unix and Unix-like servers. FreeRADIUS is used mainly for

        The RADIUS protocol allows you to authenticate users over a network, authorize them for various actions, and monitor their usage of the network. This framework is referred to as AAA (Authentication, Authorization, and Accounting).

        According to a survey result, FreeRADIUS is used to authenticate over one-thirds of the users on the internet.

        By default, FreeRADIUS has a command line interface, and any changes are made by editing the configuration files that are highly customizable. Since it’s open-source, you can even make changes in the code of the software.

        In this article, we will discuss how to install FreeRADIUS and daloRADIUS on Debian 10.

      • How to flash firmware to Rockchip devices in Windows and Linux (2021 Edition) – CNX Software

        But following my review of Zidoo M6 with Android 11, I’ve now got a Linux image for the Rockchip RK3566 mini PC, so let’s revisit the firmware flashing methods in 2021. Zidoo sent me instructions for Windows, but since I’m a Ubuntu user, I flashed the firmware with the Linux tools used by Firefly. The same methods should work for the older processors such as RK3066, RK3288, and RK3399, besides the more recent Rockchip RK3566 and RK3568 processors.

      • Changing the Output in Assembly | Adam Young’s Web Log

        When ever I write new console based code from scratch, I start with “Hello World.” Then I make one small change at a time, test it, and commit. Then I move on. While this slow process might seem tedious, it is based on years of wasting time debugging my own poorly written code in interim changes.

        Once I had “Hello, World!” working in assembly, I want to make a single character change to message and see it in the console. Here’s my steps.

        Let’s start with “Hello, World.” I got this out of Programming with 64-Bit ARM Assembly Language. The team there gets extra Kudos for using Git to put the book together in a public fashion.

      • How To Install Squid Proxy on AlmaLinux 8 – idroot

        In this tutorial, we will show you how to install Squid Proxy on AlmaLinux 8. For those of you who didn’t know, Squid Proxy is an open source caching proxy for the web. It supports many protocols such as HTTP, HTTPS, FTP and more. By caching and reusing frequently-requested web pages, squid saves bandwidth and improves response time making accessing web pages very fast.

        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 the Squid Proxy server on an AlmaLinux 8. You can follow the same instructions for CentOS and Rocky Linux.

      • Running Assembly Code Through the debugger | Adam Young’s Web Log

        There are two basic ways to inspect a running program: print out a bunch of debug statements or run it through a debugger. Since I don’t yet know how to print out my own statements in ARM64 debugging (I’ll get there soon) I want to use the debugger to see my code in action.

        First, a little tweak to the Makefile rule to build the code. I hard code in the -g flag to include debugging symbols in the executables. This is learning code, and I am not going to be running it in stripped mode, so no need for Makefile variables.

      • Simplest Assembly Program that Runs without an error | Adam Young’s Web Log

        In order for a program to run successfully, it needs two things: an entry symbol, and a return code that represents that success. The following program provides those two things.

      • Simple Makefile for assembly executables | Adam Young’s Web Log

        I want to automatically build assembly files into executable binaries. The following Makefile seems to be sufficient. I am sure I will add to it over time.

    • Games

      • Stardew Valley Preferences Bot Is A Gift To The Player | Hackaday

        It seems like most narrative games have some kind of drudgery built in. You know, some tedious and repetitious task that you absolutely must do if you want to succeed. In Stardew Valley, that thing is gift giving, which earns you friendship points just like in real life. More important than the giving itself is that each villager has preferences — things they love, like, and hate to receive as gifts. It’s a lot to remember, and most people don’t bother trying and just look it up in the wiki. Well, except for Abigail, who seems to like certain gemstones so much that she must be eating them. She’s hard to forget.

    • Desktop Environments/WMs

      • K Desktop Environment/KDE SC/Qt

        • I spent two days building KDE from source, so you can do it faster – Han Young’s blog

          Remember I said “kdesrc-build manages dependencies for you”? Only part of that is true, kdesrc-build manages dependencies for you, but only for KDE dependencies. For Third Party dependencies, it can’t figure them out. On Ubuntu it may be called libnl-3-dev, while on Arch it is called libnl. Everytime kdesrc-build fails, I have to look at the error log and try to figure out which package is missing, install it manaully and resume the build. To make matters worse, I’m building plasma-workspace. Which contains half the configuration modules, plasmoids, and other miscellaneous stuff. That means I had to build pretty much the entire KDE libraries. In fact, I had to build 93 dependencies to get to plasma-workspace. Imagine checking the error log for every dependency, using apt search DEP_NAME, apt-file find MISSING_FILE_NAME and apt-rdepends –build-depends –print-state –follow=DEPENDS PROJECT_NAME | grep Not to install the third-party packages. Only to find out that kdesrc-build fails on the next dependency build. The fact that I live in China makes things worse, because the connection to KDE invent is very slow here, sometimes dropping to 30kb/s for no reason. I had to use my server to git clone the repository, and download it back through proxy, then copy it to the virtual machine. Especially for https://invent.kde.org/plasma/breeze, 670MB+ repository. It took me an hour to transfer it to the VM.

    • Distributions

      • IBM/Red Hat/Fedora

        • 8.5 version of Red Hat Enterprise Linux caters to multi-cloud, predictive analytics, containerisation

          Red Hat has rolled out version 8.5 of its main-line branch of Red Hat Enterprise Linux (RHEL), which upgrades its support for containerisation, predictive analytics, and multi-cloud.

          Red Hat Insight, the company’s predictive-analytics service — available through most RHEL subscriptions — now has more robust abilities in the areas of vulnerability identification, compliance, and remediation, the company said.

          Containerisation is upgraded with RHEL 8.5 to make containerised applications easier to deploy and manage, according to Red Hat. The vendor also introduced the ability to create containerised images faster through rootless use of the OverlayFS filesystem. OverlayFS is “union file system,” which allows users to overlay one file system over another, enabling multiple users or applications to access it at the same time.

    • Devices/Embedded

      • Open Hardware/Modding

        • Sharing dimensions – Life of a Developer

          Continuing my adventures in FreeCAD, I now had to design a top to my Raspberry Pi enclosure. The FreeCAD people were friendly and told me to checkout spreadsheets.

        • Arcade Machine Pack And Play | Hackaday

          There’s something about the large imposing wooden box of an arcade machine that lends a confident presence to a room. The problem with a tall and heavy box is that it takes up quite a bit of space and readily draws the eye. So [Alexandre Chappel] set out to avoid that and build an arcade machine that could hide in plain sight.


          With the help of a 3D printer, he quickly fabricated a locking mechanism to keep the front panel attached when it folds up. The hinge is also 3D printed. The typical Raspberry Pi 4 powers this particular machine. Two french cleats hold the box onto the wall, and once the system is on the wall, we have to say it looks incredible.

    • Free, Libre, and Open Source Software

      • Best Free and Open Source Alternatives to Apple GarageBand

        GarageBand is a fully equipped music creation studio inside your Mac — with a complete sound library that includes instruments, presets for guitar and voice, and an incredible selection of session drummers and percussionists.

        Unfortunately the program is proprietary and not available for Linux. What are the best free and open source alternatives?

      • Digital infrastructure is more than just broadband: What the US can learn from Europe’s open source technology policy study

        Technology and innovation have long been known to be key drivers of growth allowing companies and countries to better compete. The recent U.S. infrastructure bill aims to foster such growth by providing for investments in digital infrastructure. However, these investments are nearly exclusively focused on better and more accessible broadband. Complementary to broadband, open technologies—those for which the underlying intellectual property, whether it is source code or hardware design, is publicly available—are playing an increasingly important role in the modern economy and companies’ and countries’ ability to innovate. In particular, open source software (OSS) and open source hardware (OSH) have become critical building blocks for both everyday products (cell phones, cars, household appliances, etc.) and cutting-edge emerging technologies (artificial intelligence, big data analytics, etc.). However, since most OSS and OSH is available for free and created through distributed efforts rather than by one particular company, it can be difficult to understand the full economic impact of these critical technologies.

      • Web Browsers

        • Bypass some paywalls and in-page pop-ups by forcing GNOME Web into Reader Mode.

          Some sites claim they aren’t compatible with a browser’s reader mode to prevent users from clicking on it and bypassing Admiral, paywalls, and other junk.

          Tip: putting ephy-reader: in the front of the URL in GNOME Web and hitting enter forces it into Reader Mode anyway, regardless of what the site wants.

        • EasyOS version 3.1.10 released

          As 3.1.10 has Firefox builtin, if you are going to do an update of an existing installation, get rid of any existing Firefox beforehand. It should be enough just to delete /mnt/wkg/sfs/esyos/oe/dunfell/firefox-*.sfs. At bootup of 3.1.10, the initrd will see that the SFS is no longer there, and will do a “cleanup” — so there shouldn’t be any “firefox” on the desktop after bootup.

          Firefox updating and hardware acceleration both caused trouble, so they have been permanently disabled in file /usr/lib/firefox/distribution/policies.json. To re-enable those features, delete the appropriate lines in that file.
          I was disappointed how slow FF was to startup on the Compaq Presario. SeaMonkey starts much faster. It was also a concern to see the Internet data activity lights continually green in the systray — FF was only looking at a static page, so why is it transferring so much?
          Muted sound is easy to fix. Right-click on the audio systray icon, choose “Preferences” will run pavucontrol (Pulseaudio Volume Control) which has a mute/unmute button.

          MSCW, I need to work on that. It is functional, but the code is still very ALSA-oriented.

        • Vivaldi messes up their Debian repo and causes Apt sources errors. Mozilla Firefox continues falling apart. Moving my daily browsing to GNOME Web.

          This morning I got an error from Apt in Debian.

          It turned out that Vivaldi had misconfigured their Debian repo, and it was stopping the i386 multiarch repository from updating.

          So I got punchy and removed Vivaldi, its .config and .cache subfolders, their repos, and their two GPG keys.

          Is that an extreme reaction? No. If you can’t manage your Apt configuration responsibly, I remove you. You can mess up and create a hassle for a lot of people, so you should watch what you are doing.

          Mozilla’s subreddit shows the general state of the Firefox world.

          I got this error. “PR_END_OF_FILE_ERROR” instead of loading sites. It happened on Amazon and a few other sites. First, I thought it was something wrong with my connection, or the site. Nope. Another Firefox bug.

          GNOME Web has a few bugs, but nothing nearly so annoying as the degenerate state Firefox is in. So I’m just going to go full time GNOME Web 41 Flatpak…. and maybe keep Ungoogled Chromium or something around in case I have to log in to T-Mobile, in which case “We have our wires crossed. Ooops.” no matter how your Firefox is configured, when you try to log in. LibreWolf too, why not?

          Since Flatpak apps are self-contained, this will also hopefully prevent disaster from spilling over into my system all for want of a web browser.

          LibreWolf doesn’t just compile and patch out obnoxious junk that Firefox adds. It also removes minimally useful web platform crap that is a major attack surface through hardening of the user.js and prefs.js.

        • Mozilla Plays Matchmaker: Microsoft Store Now Offers Firefox for Windows 10 and 11 – FOSS Force

          The open source community hardly noticed this week when Microsoft opened its arms to its once arch rival in browser space, Firefox, the open source daughter of Netscape and for many years the only serious competition Microsoft’s Internet Explorer browser faced, by making the open source browser available in the Microsoft Store.

          A dozen or so years ago Microsoft would never consider putting open source software of any kind in an online store it managed, even if it had had one back then, which it didn’t. This would’ve been doubly true of a browser, because of its fear that losing the browser market meant losing its lucrative operating system market, which was largely bankrolling its operations. Remember, this was at the height of Ballmer administration, which proclaimed Linux and open source to be a communist cancer, or something like that.

          It’s just as unlikely that Firefox would have accepted any offer from Microsoft to make it easy for Windows users to find and install Firefox through a Microsoft platform. At that time, a decade or more of dirty tricks and FUD originating from Redmond had made the open source community wary and openly belligerent when it came to Microsoft, and Mozilla was dependent on the open source community.

        • Microsoft Skype hangs out fake error message for Firefox users.

          Microsoft claims Skype for the Web doesn’t work in Firefox, however setting your user agent to a current Edge or Chrome on Windows UA removes the limitation and makes voice and video chat work.

          I previously reported Facebook doing something like this, but Mozilla left it unfixed for three years, and the only reason it got better was because Facebook backed out their fake error message, which suggested Chrome.

          I’d report this issue to Mozilla, except I wouldn’t want to be “unhelpful spam”. So they can keep letting Microsoft sabotage their browser, I guess.

      • Programming/Development

        • Tensor LLVM Extensions Proposed For Targeting AI Accelerators, Emerging Hardware – Phoronix

          Intel, Amazon AWS, IBM, Qualcomm, and UIUC researchers have been collaborating over a proposed “Tensor LLVM Extensions” (TLX) to make this open-source compiler infrastructure more suitable for targeting AI accelerators and other emerging classes of hardware.

          The proposed Tensor LLVM Extensions would make the widely-used LLVM compiler stack able to better deal with tensor cores and similar hardware for today’s increasing AI/ML workloads and related fields. LLVM is already the dominant player when it comes to supporting CPUs and often GPUs while Tensor LLVM Extensions would help them on the new frontier of being able to deal with hardware around Intel Advanced Matrix Extensions (AMX), NVIDIA tensor cores, AMD matrix cores, Qualcomm HVX, Amazon Infferentia/Trainium, and other accelerators. Right now most of the compiler stacks for such accelerators are closed-source and not having any universal solution for sharing optimizations and other compiler features as LLVM could provide.

  • Leftovers

    • Science

      • Those Bullet Effects In Terminator 2 Weren’t CGI | Hackaday

        How was this accomplished? First of all, Winston and his team researched the correct “look” for the splash impacts by firing projectiles into mud and painstakingly working to duplicate the resulting shapes. These realistic-looking crater sculpts were then cast in some mixture of foam rubber, and given a chromed look by way of vacuum metallizing (also known as vacuum deposition) which is a way of depositing a thin layer of metal onto a surface. Vacuum deposition is similar to electroplating, but the process does not require the object being coated to have a conductive surface.

        These foam rubber splash patterns — which look like metal but aren’t — were deployed using a simple mechanical system. A variety of splashes in different sizes get individually compressed into receptacles in a fiberglass chest plate. Covering each is a kind of trapdoor, each held closed by a single pin on a cable.

    • Health/Nutrition/Agriculture

      • Boosters, 1619 Project, Thanksgiving: Your Tuesday Evening Briefing – The New York Times

        The authorization could come before Thanksgiving, and more than 181 million adults who have been fully inoculated with a Covid vaccine would become eligible for a Pfizer booster shot. In late September, an F.D.A. committee recommended boosters on an emergency basis for certain categories of adults. Canada approved booster shots of the Pfizer vaccine for all adults today.

        Separately, Moderna and the U.S. are in a patent dispute over the company’s Covid vaccine, which grew out of a collaboration with the N.I.H. The company’s patent application names several employees as the sole inventors of a crucial component, but it excluded three government scientists.

      • Philip Morris International meets with FDA to make its case for Iqos in patent dispute [Ed: What the cancer-giving industry, the FDA, and patent monopolies have in common; Well, the Sacklers sure demonstrated that drug-dealing and killing millions of people is ethically acceptance when you have the right "connections"...]
    • Integrity/Availability

      • Proprietary

        • Security

          • Privacy/Surveillance

            • Russian government drafts legislation that would require QR-code vaccine passports for access to many public places and certain modes of transportation

              As the coronavirus continues to spread out of control in Russia, the federal government has submitted draft legislation to the State Duma that would require people to present QR codes documenting either vaccination against COVID-19 or a past diagnosis in order to enter public places or access certain forms of transportation.

              The first bill drafted by the government cabinet would impose the QR-code prerequisite on access to mass public events, cultural institutions, eateries, and all retailers. If the legislation were adopted, entry to one of these spaces would require proof of vaccination, evidence of a previous COVID-19 diagnosis, or a certificate of medical exemption from vaccination. The draft law would permit people without these records to continue visiting the listed places by presenting negative PCR test results for COVID-19, but only until February 1, 2022. After this date, negative test results would grant entry to public places only for people with medical exemptions from vaccination.

    • Civil Rights/Policing

    • Monopolies

      • Enforcing Your IP Rights At The Border – What’s New? [Ed: There is no such thing as "IP" (misnomer) and what he refers to is not a right; lawyers gonna lie... for profit.]

        I have a friend who is a keen model car collector. Recently he spotted one he liked the look of on a well-known online auction site, put a bid on it, and won.

      • FOSS Patents: FOSS Patents was right while others were wrong on scope of Epic Games v. Apple injunction as court order denying stay clarifies: NO IAP ALTERNATIVES ALLOWED, period

        See I told ya so. Under the Epic v. Apple injunction as it stands, Apple still does not have to tolerate alternatives to its own In-App Purchasing (IAP) system. What some others told you–which was the opposite–did not age well. I don’t even blame The Verge’s Nilay Patel and others as much for having been wrong initially as I criticize them now for not having recognized their error after I pointed it out. The original problem was that they just didn’t care to read the relevant parts of the underlying judgment, which is amateurish but can happen, and that they failed to see the implausibility of their interpretation, as Epic’s “hotfix” that gave rise to last year’s court filings would have been allowed under that reading of the injunction. We all make mistakes, but there’s what I find irresponsible: by refusing to backtrack and apologize, they were being bull-headed at best and cynical at worst–cynical in the sense of reiterating a clear legal error that could lead others to make costly mistakes (developing program code that Apple was sure to reject), only to avoid that a wider audience would become aware of some people’s failure to digest a court order.

      • Which part of ‘external’ does a @reckless journalist fail to understand? Disinformation about Epic Games v. Apple injunction doesn’t stop

        I wouldn’t have thought that after yesterday’s post (FOSS Patents was right while others were wrong on scope of Epic Games v. Apple injunction as court order denying stay clarifies: NO IAP ALTERNATIVES ALLOWED, period) it would be necessary to do a follow-up to debunk the “button bull” that just doesn’t go away because of one man who just keeps digging himself an ever bigger hole.

        Tech news website The Verge prides itself on setting a high journalistic standard with respect to “background” conversations with tech companies. I do credit them for mostly very good and in-depth coverage of app store antitrust matters. However, there comes a point when someone who claims to stand on higher moral ground just has to acknowledge he made a mistake, even at the risk of some people potentially considering it an unforgivably stupid mistake that might have led app developers to waste hours and hours of development time on code that Apple won’t have to approve. The Verge’s Nilay Patel prefers to raise false hopes in iOS app developers over the only honest way to deal with the situation he alone created: a mea culpa admission.

      • FOSS Patents: Epic Games v. Apple is the wrong vehicle for an anti-anti-steering injunction, but other app makers might bring an anti-steering case against Apple’s Google ads

        It’s a funny coincidence that 2021 is the year of the anti-antisuit injunctions (they’ve been around for a few years, especially since the 2019 Nokia v. Continental ruling in Munich, but are now very much en vogue) as well as the year of the Epic v. Apple anti-anti-steering injunction: an injunction against an anti-steering provision in Apple’s App Store guidelines.

        Dreamers will be dreamers, but there are overwhelmingly strong reasons for the appeals court to stay Epic’s injunction.

      • Patents

        • India bullish in terms of filing patent applications in the pharmaceutical sector : WIPO report [Ed: WIPO is a threat to science; by measuring everything in terms of numbers -- such as number of patents irrespective of their merit and quality -- it creates a ruinous patent thicket like the one that already killed millions (no access to COVID-19 remedies)]

          During 2017 to 19 nearly 18 percent of the total published patent applications from Indians were on pharmaceuticals, a report by World Intellectual Property Organisation (WIPO) indicates.

        • Electric vehicles taking off [Ed: Convicted corrupt firm
          Marks & Clerk cites EPO in a greenwashing drive, looking to distract from corruption by whitewashing of patent monopolies]

          Given the vast potential size of the EV market it is perhaps unsurprising that recent years have seen greatly increased numbers of patent filings directed towards batteries. An analysis carried out by the European Patent Office last year shows that much of this growth (measured in terms of the number of International Patent Families, IPFs) has been dominated by automotive applications, with no signs that this trend is levelling off. Specialised uses of battery cells in battery packs in particular continues to be a strong area of innovation, something that has been supported by Li-ion battery cells becoming an increasingly mature technology. This growth in patent activity seems sure to continue as countries continue to upgrade their charging infrastructure and incentivise the take-up of EVs.

        • Patent Box: Inventing a way to reduce Corporation Tax [Ed: So-called ‘law’ firm is promoting tax evasion under the guise of patent ‘innovation’]

          Most companies would like to invent a way to reduce their corporation tax liability. The UK Patent Box scheme provides a way to do just that by offering a reduced corporation tax rate of 10% for profits arising from patented inventions. This tax saving through innovation is actively encouraged by the UK government, so it makes sense to try to benefit.

          For innovative companies that earn substantial profits from patented products and services (or patent licensing), the currently available Patent Box tax reductions can make an enormous contribution to offsetting R&D costs (and the savings often dwarf the cost of obtaining the patents that qualify them for this tax reduction).

        • Exclusive: Congress watchdog investigating director’s PTAB power [Ed: Nothing ever happens; they've been trying this for 5+ years and Patrick Wingrove is still their clueless mouthpiece, spreading lies for patent parasites]

          The Government Accountability Office has launched a review of the decision-making processes at the PTAB, it confirmed to Managing IP

        • India: Section 8 Requirements: Extant Practice At The Indian Patent Office

          There are several requirements stated in the Indian Patents Act and the Patent Rules which an applicant has to comply with. One such requirement is that of filing a statement as per the provisions of Section 8(1) of the Patent Act and Rules 12(1) and 12(1A) of the Patent Rules setting out detailed particulars of corresponding application(s) in Form 3.

        • Len Stark will be ‘fair, diligent and wise’ judge at Federal Circuit [Ed: If patent zealots like this pick, then it spells trouble; also, Delaware became controversial if not notorious as a fallback for Eastern District of Texas]

          Counsel say they’re immensely pleased the former Delaware chief judge has been picked, partly because he’ll bring trial court experience to the appeals venue

        • Icelandic IP office celebrates 30th anniversary, Finland marks 25 years since EPC accession [Ed: Mafia don thanks enablers of his crimes [1, 2]]

          On 4 November, EPO President António Campinos spoke online at the conference “IP and Sustainability: Innovation for a brighter future,” a hybrid event organised by the Icelandic Intellectual Property Office (ISIPO) to coincide with its 30th anniversary. Prime Minister of Iceland Katrín Jakobsdóttir and ISIPO Director General Borghildur Erlingsdóttir opened the conference, which was held onsite at Harpa Conference Centre in Reykjavík and streamed to participants around the world.

        • Patent Knowledge Week raises awareness of the power of patent data [Ed: A scene of a crime, EPO, pretends to be some warehouse of knowledge, boasting about another Web chat as though it was a real event]

          The EPO welcomed more than 2 100 participants from 91 countries to Patent Knowledge Week, which took place online from 2 to 5 November 2021. This digital event is the successor to the traditional Patent Information Conference, which around 250 people used to attend in person each day. The new interactive format allows the EPO to include more stakeholders, from more diverse backgrounds, while enabling audiences to explore in greater depth the topics of most importance to them. By opening up new opportunities for the focussed discussion of patent knowledge, the four-day event contributes to a new normal in which the patent system is becoming more accessible.

        • Why IP owners must embrace the metaverse – now [Ed: Laughable buzzwords salad prepared by Sukanya Sarkar, complete with propaganda terms like "IP"]

          Counsel say rights owners will face many unique issues in the metaverse on top of existing problems with online IP enforcement, and must ramp up protection

        • Federal Circuit says Apple still lacks standing after IP settlement [Ed: Patents, not "IP"; there's no such thing as "IP" and what we deal with here is loads of dodgy patents from Qualcomm, which makes everything more expensive while parasitic lawyers pocket the money (without actually contributing anything; "bullshit jobs" as it's called by some)]

          Apple’s settlement agreement with Qualcomm bars further challenges to certain PTAB decisions validating the latter’s patents, the court ruled

        • Finnegan To Launch Munich Office With New Partner Hire [Ed: More like marketing disguised as journalism; this is what's left on the Web...]

          Finnegan Henderson Farabow Garrett & Dunner LLP will be expanding its presence in Europe in 2022 with an office in Munich, Germany, that will be led by a new partner hire from Baker McKenzie, the firm announced.

          Dr. Jochen Herr, an intellectual property litigation partner from Baker McKenzie, will be joining as a partner and lead a team of seven attorneys and legal professionals in the Munich office when it opens in January, Finnegan said Tuesday.

        • US IP firm Finnegan adds Baker McKenzie team to enter German market [Ed: Marketing spam thinly disguised as "journalism", i.e. the usual entryism by the PR industry which spies on and dooms the Web]

          Washington DC-based IP boutique Finnegan Henderson Farabow Garrett & Dunner has added a team from Baker McKenzie to launch in Munich, marking its entrance into the German market.

        • G 2/21: questions on the correct plausibility standard referred to the Enlarged Board of Appeal [Ed: A patently rigged tribunal and patent maximalists who profit from fake patents cannot be bothered to tell clients about the EPO crises]

          We recently reported on the provisional referral of three questions to the Enlarged Board of Appeal by the Board of Appeal presiding over case T 116/18, an appeal from the decision of the Opposition Division rejecting Syngenta’s opposition against Sumitomo’s European Patent 2484209. The European Patent Office (EPO) has now officially confirmed that these three questions will be considered by the Enlarged Board of Appeal under case G 2/21.

        • Why developing countries are woefully short of tobacco harm reduction patent protection

          Though global public health governance has taken strides against smoking in recent years, the epidemic persists, and nearly 8 million people globally die from smoking-related diseases every year. The economic toll of tobacco is equally striking. The World Health Organization (WHO) estimates that, globally, smoking causes over US$500 billion in economic damage each year.

          Worst still, smoking is not spread equally, with over 85% of all smokers residing in low- and middle-income countries (LMICs). From a business perspective, this situation also cannot be maintained. No corporation can build a sustainable future on the basis of such circumstances. Given the choice to perish or innovate, the tobacco industry must continue to innovate.

          The way forward appears to be technologies that aim to reduce the adverse effects of smoking. Three different technologies have emerged as an alternative to traditional cigarettes. The oldest are smokeless forms of tobacco such as snus. Second are heated tobacco products that heat tobacco sticks in a device, emitting nicotine but not tar.

        • New Huawei transaction with top US patent asserter revealed [Ed: Even 'Chinese GAFAM' is trading with parasites and patent trolls]

          Deal is one of the Chinese company’s biggest recent disposals to an NPE buyer

        • Court roundup: Five key legal judgments you shouldn’t miss

          Chemicals firm BASF will only receive limited damages after its lawyers “negligently failed to lodge appeal” when one of its emission control patents was revoked, the High Court has ruled.

          The patent concerned the combination of a copper chabazite zeolite catalyst, used for the selective catalytic reduction of nitrogen oxides, with a particulate filter. The technology was developed by predecessor firm Engelhard and patented in 2003, for use in cleaning up the exhaust from diesel-fuelled cars and vans.

        • Apple Backs Down: Commits To Take Global FRAND License To Avoid Exile From UK Market [Ed: When you get blackmailed by truly lousy patents in large quantities and the end result is, the customer pays a lot more because of patent thickets (a tax on things, based on fake claims of "innovation")]

          For years, Apple has resisted taking a license to Optis’ standard-essential patent portfolio covering Long-Term Evolution (LTE) technology. However, it is now being reported that Apple committed to enter a global FRAND license with Optis so as to avoid being enjoined from, or voluntarily exiting, the UK market. Once effectuated, this agreement should end the global dispute between the two parties.

        • Licensing agreements and EPO opposition proceedings [Ed: Pointing out that fake patents are very expensive to the economy, but failing to point out the legal process in the EPO is rogue, rigged, hijacked]

          A patent is only enforceable against an infringer if it is valid, and it is usual for an alleged infringer to counter-claim for invalidity when sued for infringement. By this stage, the parties are involved in an expensive court action and the alleged infringer will gather evidence to try to convince a court that the patent is invalid.

          To avoid the costs of court action, an opposition against a European patent is typically filed by someone with an interest in having the patent revoked so that they can sell their own product. However, as the opposition procedure, including appeal, can take several years before reaching a final decision, there is still the risk that an infringement action could be filed by the patent owner before the opposition proceedings are completed.

        • Exclusive: DABUS team files appeal at UK Supreme Court [Ed: Truly insane, a waste of money, waste of time, now trolling even the highest court in the UK (they'll likely decline regardless) for intervention in a laughable case, mostly a PR stunt of British university]

          Managing IP can reveal that counsel in charge of the DABUS patent applications have asked for permission to appeal their AI inventorship case

        • China files 2.5 times more patent applications than U.S. in 2020: WIPO [Ed: Also here; China is gaming the patent system by pushing loads of junk into WIPO; This says absolutely nothing about the quality of these patents, but WIPO does not care about patent quality anyway]

          China’s intellectual property (IP) office led the world in 2020 by reporting 1.5 million patent applications, 2.5 times more than the United States, which ranked second, the World Intellectual Property Organization (WIPO) said on Monday.

          According to the 2021 edition of the WIPO’s “World Intellectual Property Indicators,” despite the COVID-19 pandemic, international patent applications increased again in 2020 after the first drop in a decade in 2019.

          Driven by long-term growth in China as well as increased IP activity in other Asian countries, Asia accounted for two-thirds of all applications filed worldwide in 2020. This was a considerable increase from the 51.5 percent registered in 2010.

        • Senators’ complaints about Albright polarise in-house [Ed: The patent trolls' mouthpiece and the Western District of Texas, which subverted patent justice for the fake of profit]

          Counsel at Salesforce, Bitmovin and two NPEs disagree on whether Tillis and Leahy were right to take aim at the Western District of Texas

        • Honeywell announces commercialisation of chemical recycling technology for waste plastics

          In a report released last month, the European Patent Office (EPO) found that advanced and chemical recycling generated almost double the number of patents than mechanical recycling, with the majority of this activity based in Europe and the USA – suggesting this is an expanding industry.

        • Unlocking the potential of chemical recycling – Packaging Europe [Ed: EPO bought itself countless puff pieces, in many languages, using a fake 'study' which glorifies patents monopolies by means of greenwashing]

          A recent report from the European Patent Office claims that chemical recycling methods generated twice as many patent applications as mechanical recycling between 2010-2019. What do you think has caused this disparity, and why is mechanical recycling still more prevalent?

        • Four factors driving forum shopping in US trademark litigation [Ed: Just like with patents, the legal system in the US is so messed up that over trademarks too you can be dragged to states you have nothing to do with, just because of some court's biases]

          Counsel explain how circuit splits, jury selection and experience drive litigants to one venue over another

        • Dann v. Johnston, 425 U.S. 219 (1976): Invention as the Absolute Prerequisite to Patentability [Ed: Stop conflating patents with inventions; that's clearly a deception, typically perpetrated by people who never actually created anything novel]

          In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). One of the least cited is the 1976 case of Dann v. Johnston, 425 U.S. 219, 225 (1976). The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” Id. But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.”

          Johnston was seeking to patent a “record-keeping machine system for financial accounts.” Basically, this was software installed on a bank-owned IBM 1400 that allowed its customers to categorize their income and expenses for better reporting.

        • Acasti Pharma Provides Business Update for the Second Quarter of Fiscal 2022 [Ed: Bragging about patents (monopolies) instead of products]
        • Ocular Therapeutix™ Announces Success in Patent Appeal Brought by Mati Therapeutics, Inc. [Ed: Too many fake patents granted by USPTO for the sole purpose of fee collection; taking those to PTAB and CAFC is very expensive, so it doesn't solve the problem as much as dissolving this current, greed-driven system]

          Ocular Therapeutix, Inc. (NASDAQ:OCUL), a biopharmaceutical company focused on the formulation, development, and commercialization of innovative therapies for diseases and conditions of the eye, today announced that the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., invalidated a patent held by Mati Therapeutics, Inc. (Mati) relating to a drug delivery system containing dexamethasone. This decision affirms the judgment made in June 2020 by the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office after an inter partes review that determined Ocular Therapeutix had proven that all 23 claims of U.S. Patent 9,849,082 B2 (the ‘082 patent), owned by Mati are invalid due to “obviousness”. Mati had previously claimed that Ocular Therapeutix’s first commercial drug product, DEXTENZA®, and its hydrogel platform, had infringed the ‘082 patent.

        • What is “Opting Out” and why does it matter? [Ed: This promotes the delusion that UPC is legal, tenable, and is coming; same old fake news]

          The introduction of a new jurisdiction is rare enough, but the advent of a new court system that allows for litigation concerning valuable property assets across a multi-national market of over 450 million people and over 20 separate nations is a big event. That is what the Unified Patents Court system in Europe amounts to – it is the biggest change in the world of patents for over 40 years.

          It is no surprise then that the planners of the new system have built into the rules the option for current patent owners, and people/businesses looking to commence new patents in the medium term, to “opt out” of the system, and to take a look to see how it works, before deciding whether it is something with which they want to engage.

        • Ones to Watch in German patent litigation 2021 [Ed: Juve can barely hide the fact that it reinvented itself as a spamfarm of patent litigation companies or a promotional index instead of news site]
        • Context Directions Patent Likely Indefinite — Unified Patents

          Context Directions, a Jeffrey M. Gross-controlled NPE who had asserted two patents in the Western District of Texas ostensibly related to detecting the context in which a mobile device is used, recently had the USPTO enter a substantially narrow construction of one of those patents, likely rendering it (and its family members) useless for future litigation. The office found the claims were means-plus-function claims, and the patent owner effectively conceded the claims were abstract and lacked algorithmic support—in other words, Context Directions conceded that the claims are indefinite.

          On March 29, 2021, Unified Patents filed an ex parte reexamination against certain claims of U.S. Patent 10,142,791, assigned to Context Directions, LLC, a Jeffrey M. Gross NPE. A month later, the office granted reexamination and later entered a non-final office action rejecting all of the challenged claims, including a finding that the claims contained means-plus-function limitations subject to 35 U.S.C. § 112 ¶ 6. App. No. 90//014,712, Non-Final Office Action, 10- (June 11, 2021).

          First, the examiner found that limitations referencing a “classifier” performing the function of “evaluat[ing] one or more contexts of the mobile device” lacked sufficient structure on their own to perform the claimed function and, therefore, were subject to § 112 ¶ 6. Id., 11-13; see also 24. The examiner also confirmed that the claimed classifier was software, and that the corresponding three disclosures in the specification as the corresponding disclosure:

        • Can AI Machines Invent? [Ed: Stupid headline, stupid buzzwords; they mean to say is, should we allow patents assigned (not just covering) computer programs and, if that was allowed, why not grant patents to pets too?]

          The term artificial intelligence (AI) is used to describe a machine’s ability to ‘think’ or carry out tasks that were once said to require human intelligence. Tasks such as learning, logic, reasoning, perception, and, yes, creativity are now being performed by machines used in every industry.

        • The Interconnectedness Of Everything

          A constant danger in writing posts is resorting to over-used buzzwords. But, in the new fields of engineering that are sprouting up, the word “multidisciplinary” is so appropriate. Even in a field such as EV charging, which the casual observer would naturally assume is primarily led by electricity distribution technology, the critical technical problems lie in connectivity – for monitoring, control and, of course, billing. Engineers constantly have to be able to see beyond the confines of their specialism to provide optimal customer solutions. Equally, for patent strategy, it’s vital to work with experts who can not only understand the underlying technical solution, but also the use case in which it is to be implemented.

        • IP Valuation: Key Considerations To Strengthen Business Transactions [Ed: Fictional value based on a fictional and grossly misnamed system, guaranteed mostly to create financial bubble]

          Thanks to technological advancements and innovation driving change at an increasing rate, business owners are realising that intangible assets and registered rights such as intellectual property (IP) contribute significantly to overall business value. This has therefore sparked the need to understand the value of IP, but – as with all intangible assets – can often be challenging. Mathys & Squire Consulting provides clients with insights into the IP valuation process and a clear understanding of the components of value, as outlined below. Although the valuing of IP can be complex, it is an essential stage to prioritise before engaging in any IP transactions.

        • Inconsistent Statements to USPTO and FDA May Render Patents Unenforceable

          In the course of obtaining regulatory approval for a drug product in the United States, a pharmaceutical company will make numerous representations about its product in submissions to the Food and Drug Administration (“FDA”). If these representations contradict arguments made during prosecution of a patent at the United States Patent and Trademark Office (“USPTO”), they may serve as the basis for an inequitable conduct finding. In Belcher Pharms., LLC v. Hospira, Inc.,[1]Belcher Pharms., LLC v. Hospira, Inc., No. 2020-1799 (Fed. Cir. Sep. 1, 2021). the Federal Circuit held Belcher’s patent unenforceable due to inequitable conduct based on representations made during prosecution that were inconsistent with statements made to the FDA.

        • Russia: New Legal Remedy against PTE and SPC

          In case SIP-461/2020, the Presidium of the Intellectual Property Court [sic] has introduced a new remedy for patent term extension disputes.


          In its reasoning, the Presidium of the Intellectual Property Court identified a gap in the legislation in terms of PTE and SPC invalidation. It rectified it with general references to the Constitution (the right to fait trial under art. 46) and international law (the Eurasian Patent Convention).

          As part of this case, the procedure for challenging a PTE and SPC was also reviewed by the Constitutional Court, under a special court request.

          Such court practice opens up new opportunities in patent disputes and may indicate that patent battles in the pharmaceutical market have entered a new round.

        • Eglo and Vossius mount defence against Signify over LED lamps [Ed: Once again, instead of covering the news JUVE does a de facto ad for a patent litigation firm. This is JUVE’s business model and it is a betrayal of journalism]

          In early October, the Regional Court Düsseldorf dismissed a claim concerning EP 16 10 593 for lack of infringement. Signify has appealed the decision. In a second case, the Regional Court Düsseldorf stayed the infringement dispute pending a decision from the Federal Patent Court. The case concerns EP 12 34 140.

          This patent is considered strong, with the owner already successfully defending it at the EPO up to the appeal stage.

          Industry giants such as Osram and Philips had attacked the patent. Later, Philips bought LED manufacturer Color Kinetics and set up the licensing program.

          Both patents revolve around the adjustability of white tones in lamps, achieved via different controls. The technology is used in indoor ceiling lights. Both patents belong to the same patent family and have now expired.

          In addition, two further infringement proceedings by Signify against Eglo are pending in Düsseldorf (4c O 2/21 and 4c O 15/21). These involve EP 18 69 365. In March, Signify extended the suit to include EP 34 28 506. The court has scheduled the main hearing in both cases for 5 April 2022.

        • RTL Nieuws programme [Ed: EPO is back to attacking media which it does not already bribe; it’s an awful building [1, 2]]]

          On RTL yesterday (8th November), the RTL Nieuws programme showed footage of the EPO’s New Main building in Rijswijk, during a report on the conversion of commercial premises into residential apartments. This was a poor choice of footage and a poor visual representation of the subject matter.

        • EPO and WIPO sign Memorandum of Understanding [Ed: Two utterly corrupt institutions which have been placed above the law for oligarchs and now abuse their immunity [1, 2]]

          On 8 November, EPO President António Campinos met online with Mr Daren Tang, Director General of the World Intellectual Property Organization (WIPO). The organisations renewed their commitment to further improving the international patent system’s support for innovation and signed a new Memorandum of Understanding on bilateral co-operation.

          The agreement aims at improving the procedural framework of the Patent Cooperation Treaty (PCT) with a view to increasing its attractiveness and efficiency for applicants. Further focus areas for co-operation between the EPO and WIPO include classification, data exchange and the dissemination of patent information.

        • FOSS Patents: Deutsche Telekom dishonors patent license agreement with IPCom eight years on: spurious antitrust case goes to trial in Mannheim on 23rd

          With respect to patent licensing firm IPCom, Deutsche Telekom has a propensity to do things that make observers shake their heads in disbelief.

          I still remember overhearing a conversation at the Mannheim courthouse on June 21, 2013. That Friday, the court held a Motorola v. Apple FRAND rate-setting trial that drew huge interest from the German patent litigation community. During a break, lawyers involved with Nokia’s and HTC’s defenses against IPCom just couldn’t fathom the WHY and the WHEN of the Deutsche Telekom-IPCom settlement that was announced earlier that week. At that juncture, there was no injunction looming large–there wasn’t even one on the horizon. By settling for sheer convenience, Deutsche Telekom unnecessarily complicated things for Nokia and HTC by giving IPCom substantial new resources and a comparable license agreement with a view to the ND in FRAND.

          The amount was described by Reuters sources as being in the “low to medium triple-digit” million euro range. What I heard at the time was roughly 200 million euros. Later there was speculation that Deutsche Telekom’s then-outgoing CEO had simply instructed the patent department to settle the dispute, period, just so he wouldn’t have to negotiate a hold-harmless clause for that case as part of his exit package.

        • UK: M&C Reacts: Evidence Of (Im)Plausibility [Ed: Convicted corrupt firm
          Marks & Clerk reacts to stacked board dealing with EPO matters]

          The intertwined concepts of plausibility and post-published evidence in relation to sufficiency and inventive step have become embedded in European patent practice over the years. The concept originates with the 2005 Board of Appeal decision T1329/04, which held that, firstly, for inventive step to be recognised, the patent application must at least make plausible that the problem addressed by the invention is solved; and secondly that post-published data confirming that the problem has been solved can be used in evidence, but if the initial plausibility threshold is not met, then this data should not be taken into account. For a recent example where these concepts are applied, see our article on T2015/20, concerning the treatment of asthma.

        • From Japanese auto parts to ubiquity: A look at the history of QR codes [Ed: “In 2014, Hara and his team became the first Japanese nationals to win the European Inventor Award” and the following year it was offered to a fraud, Theranos, in order to distract from EPO crimes]

          In 2014, Hara and his team became the first Japanese nationals to win the European Inventor Award presented annually by the European Patent Office. Even now, Hara works as general manager of Engineering Department 2 at Denso Wave to improve the QR code.

        • Software Patents

          • GEVC EPO Patent Challenged

            On September 30, 2021, Unified filed an opposition proceeding against EP 3151566 B1, currently owned by GE Video Compression, LLC. The EP ’566 patent is part of a family purportedly essential to HEVC and part of the Access Advance patent pool. This filing is a part of Unified’s ongoing efforts in its SEP Video Codec Zone.

          • Longhorn HD patent held invalid [Ed: Microsoft’s patent troll Intellectual Ventures leveraging fake patents for extortion, still]

            On November 9, 2021, the Patent Trial and Appeal Board (PTAB) issued a final written decision in Unified Patents, LLC v. Longhorn HD LLC holding all challenged claims of U.S. Patent 7,260,846 invalid. Longhorn HD LLC, an NPE, is an affiliate of Alpha Alpha Intellectual Partners, LLC. The ’846 patent was previously owned by Intellectual Ventures and is directed to cybersecurity techniques including detecting malicious network behavior. It had been asserted against Fortinet, Juniper Networks, and Check Point, but new assertions include NetScout Systems, Mitel Software, and Trend Micro.

          • Dolby HEVC/AV1 patent held invalid in China

            On November 11, 2021, the China National Intellectual Property Administration declared claims 1-4, 6-7, and 12 of CN1663258, owned by Dolby International AB, invalid. CN1663258 has been designated essential to the HEVC Advance pool and SISVEL’s AV1 pool. It is also related to patents that have been designated in those pools.

      • Trademarks

        • How not to register your sound mark [Ed: 'Owning' short sounds; can I monopolise a bird's chirp?]

          This is a new case of applying to register a sound mark which gained notoriety in the news media and, once again, was rejected owing to the absence of a distinctive character – sound marks are eligible for registration, though not all.

          Albeit under different arguments, the General Court of the European Union confirmed the decision by the European Union Intellectual Property Office (EUIPO), which rejected the application by the company Ardagh Metal Beverage Holdings GmbH & Co. KG.

        • UK: Red Bull v Bullards: Balancing Brand Protection And Reputation

          Energy drink giant Red Bull recently received some negative press for issuing a cease and desist letter to Norwich-based gin maker Bullards for the use of the word ‘bull’ in its brand name. The case is a useful reminder that brand owners should make sure that their brand protection strategy reflects the organisation’s wider brand values.

        • To be or not to be (a pattern mark) – that is the question! [Ed: Monopolies on shapes and how the deeply corrupt EUIPO deals with it]

          Birkenstock is the proprietor of a national German mark (see below). Birkenstock tried to extend this mark (via an IR) as a EUTM for several classes of goods, including in Class 25 (shoes and clothing). This attempt failed over several instances (respectively the Examination Division of EUIPO, the First Board of Appeal, and the General Court), on the ground that the mark was deemed to be devoid of any distinctive character (within the meaning of article 4.1(b) TMD). Birkenstock then appealed to the CJEU, which rejected the appeal.

      • Copyrights

        • Publishers welcome Italy’s ‘creative’ Article 15 solution [Ed: What on Earth does "winning the battle" even mean in this context? Shining the shoes of robber barons and copyright cartels that pocket money on the backs of dead people?]

          French and Italian publishers claim they are winning the battle on neighbouring rights after Italy transposes the DSM Copyright Directive

        • Transposing the DSM Directive: the draft Swedish implementation of Article 17

          While some countries have already adopted the DSM Directive into their own laws (last week it was the turn of Spain and Italy: see here and here), many are still working full force on implementing it, despite that the deadline has already passed.

          As to Sweden, a government inquiry was initiated last year and completed earlier this autumn. Only last month did the relevant Committee complete the inquiry; a memorandum has now been sent for consultation to relevant governmental agencies, organizations, and stakeholders. Once the memorandum is scrutinized it will be sent back to the Government and the Council on Legislation.

          Let’s look at the proposed Chapter 6(b) in the memorandum [unofficial translation by myself] and find out how it compares to its EU counterpart: Article 17 of the DSM Directive.

          The first interesting feature of the Swedish proposal is that it does not use the exact same wording of the Directive insofar as safe harbour availability is concerned: the bill seems to provide for the inapplicability of Article 14 of the Ecommerce Directive to the activities within the scope of Art 17 of the DSM Directive … and beyond. It provides that (my own translation) “The provisions of Section 18 of the Swedish Law on e-commerce and other information society services (2002:562) (available only in Swedish) [which implements Article 14 of the Ecommerce Directive] shall not be applied when a service provider transfers works to the public in accordance with the first paragraph”. The Swedish draft wording seems to suggest that the hosting safe harbour shall not apply to online content-sharing service providers (OCSSPs) altogether.

Links 14/11/2021: On ‘KDE World Domination’ and DRM Backlash

Posted in News Roundup at 4:05 am by Dr. Roy Schestowitz

  • GNU/Linux

    • Server

      • How Kubermatic helps automate Kubernetes across any infrastructure | VentureBeat

        The rise of Kubernetes since Google open-sourced the project back in 2014 says a lot about the broader industry push toward containerized applications. In a survey released last year, the Cloud Native Computing Foundation (CNCF) found that 92% of organizations now use containers in production environments, representing a 300% increase since 2016. Moreover, 91% of organizations that do run containers, use Kubernetes for orchestration.

    • Audiocasts/Shows

    • Kernel Space

      • Modernized Zstd Merged Into Linux 5.16 For Much Greater Performance – Phoronix

        While Zstd is used in various areas of the Linux kernel for data compression from transparent file-system compression with the likes of Btrfs to allowing kernel modules be compressed with this Zstandard algorithm, the in-kernel code had fallen years outdated. Finally with Linux 5.16 that Zstd in-kernel implementation is now being brought up to modern standards and delivering better performance too.

        Merged on Saturday evening for Linux 5.16 is the overhauled Zstd code for the Linux kernel. This revised code has a new kernel-style wrapper API around Zstd that should also facilitate easier updates moving forward and to be automatically generated/derived from the upstream Zstd source code.

      • First Enablement Patches For Intel’s 13th Gen Raptor Lake Hybrid CPUs Headed To Linux

        Intel 13th Gen Raptor Lake CPUs To Get Preliminary Support In Linux Through First Enablement Patches

        The source reports that the first enablement patches for Intel’s next-gen Raptor Lake CPU family will begin to roll out in the coming weeks. The first patch that rolled out yesterday only adds the Raptor Lake ID (ID 183) to the Linux OS and while it is not that exciting, more patches are going to roll out in the coming weeks. The Intel Raptor Lake is mostly a refresh of the Alder Lake lineup so Intel may not require as many patches to add support for their next-generation chips. That might happen with Meteor Lake in 2023 which is a bigger architectural upgrade.

      • Graphics Stack

        • My personal hell of translating DXIL to SPIR-V – part 3

          It’s time we tackle one of the big problems of DXIL, the binding model. The D3D12 binding model is completely foreign to most people who know the Vulkan binding model, and vice versa. I don’t think there are that many people in the world who can claim to fully grasp the binding models in both APIs. Translating every last detail of the D3D12 binding model to Vulkan is extremely painful, and I feel D3D12 made some critical design mistakes which bite us (and native drivers?) hard. Whenever I hear people naively claim D3D12 and Vulkan is basically the same API, I cringe hard and cry a little inside. Translating low level APIs is hellish when the details don’t map 1:1 exactly and the binding model is the perfect vehicle to demonstrate it.

          I hope this blog post can serve as a definitive document on the insanity we need to go through in vkd3d-proton to make all of this work well. We have landed on a solution I feel is quite solid for AMD, but perhaps less so on other IHVs … A lot of credit here goes to Doitsujin who went through the insane task of rewriting the entire binding model in vkd3d-proton to the full TIER_3 binding model last year.

    • Instructionals/Technical

      • How to Install Minikube on Debian 11 Bullseye Linux

        Do we really need an entire server or cloud to start with Kubernetes Cluster? The answer is ‘No‘ because it is possible to use Minikube to implement a Kubernetes cluster with just a single node on your local PC for creating and managing virtual machines. Here in this tutorial, we learn the steps to install MiniKube on Debian 11 Bullseye Desktop or Server.

      • How To Upgrade Raspberry Pi OS to Bullseye from Buster

        A new Raspberry Pi OS based upon Debian 11 (Codenamed: Bullseye, following a Toy Story character naming convention) has been dropped and it has Raspberry Pi fans clamouring to install the latest OS on their favorite single board computer.

      • EasyOS: Samba daemon startup fixed
      • How To Rename Multiple Files At Once In Linux – OSTechNix

        In this tutorial, we will learn how to rename multiple files at once in Linux using various tools. All examples provided here are tested in Ubuntu, however they should work on any Linux operating systems.

      • I’ve set GNOME Terminal to use the fish shell. We’ll see how this goes. – BaronHK’s Rants

        I don’t have anything against bash, but fish seems like it could be easier.

        I’ve set GNOME Terminal to load fish instead of my user shell, bash. I figured this is the way I always use my shell anyway, and it runs the least risk of breaking anything while I figure out if I even like fish enough to continue using it.

        So far I am liking fish. It’s going to take a while to become proficient with an entirely new shell, but I can already say that the command completion is welcome relief.

        Even with bash-completion, which you have to add to Debian, Bash isn’t this good in that regard, as fish is out of the box.

      • The tech pro’s guide to Linux Mint – TechRepublic

        There are many reasons for Linux Mint holding onto that top-five status month after month. Mint is based on Ubuntu, which is already one of the most user-friendly distributions available. Mint then opts for a default desktop environment, Cinnamon, that is much more familiar to the masses.

    • Desktop Environments/WMs

      • K Desktop Environment/KDE SC/Qt

        • Be flexible to win big

          Before KDE, I came from the Apple world, which takes a different approach. Apple identifies distinct use cases and focuses their efforts like a laser on making them as polished as possible. This works very well, but it requires ignoring, abandoning, or explicitly blocking other use cases, and sometimes inventing new things that conflict with what others are doing, in the hope that their new thing takes over. It requires saying “no” a lot and being opinionated.

          Apple’s opinionated approach worked well for me with my own personal use cases in my pre-KDE days, as it did for many millions of other people. But evidently it doesn’t work for everyone, as Apple’s products routinely fail to crack 15% market share. And when they do, they often fall back down to that level after competitors emerge. But that’s okay, because Apple isn’t going for the mass market anyway; they’re happy in their profitable and opinionated boutique niche.

          But that’s not KDE, and it never has been; we’ve always dreamed of a broad scope and being useful for everyone. This is what’s behind Plasma desktop’s extreme flexibility; Plasma Mobile for phones; Plasma Bigscreen for TVs; and Plasma Nano for embedded devices. It’s why the Steam Deck handheld gaming console, PinePhone smartphone, and JingPad A1 tablet are built on top of KDE technology.

          To be the market leader, you must be flexible enough to accommodate everyone’s weird and random use cases. This includes grandmas, gamers, businesspeople, students, teachers, phones, tablets, shared family PCs, kiosks, and everything in between. It means you have to give up a certain amount of that laser-focus on making a particular use case bulletproof, in favor of flexibly accommodating everyone and working with partners to support their needs so that they can build their products on top of your platform. Windows and Android do this, and so does KDE.

      • GNOME Desktop/GTK

        • System76 reportedly developing their own Rust-written desktop, not based on GNOME

          With GNOME curling up on itself more and more, this was inevitable. I’m curious to see what System76’s developer come up with, because interacting with some of them on Twitter has taught me they’re good people with good ideas. Since I’m not a developer I’m not going to make any comments on their use of Rust – I’ll leave that to our readers – but I like that it’s indented to be distribution-independent.

    • Distributions

      • Debian Family

        • Raspberry Pi OS Finally Hits Bullseye With Debian 11 Update Bringing Several Upgrades | HotHardware

          The biggest change is support for version 3 of the GTK+ user interface toolkit. This is a software layer that provides a graphical user interface (GUI) for widgets like buttons, menus, and so forth. Most desktop apps have, up to this point, used version 2 but as an increasing number have begun leveraging version 3, the Raspberry Pi Foundation felt it was time to make the switch.

          It sounds like this wasn’t necessarily an easy decision. In a blog post, Raspberry Pi Foundation’s Simon Long explains that many thing are simply easier to do with version 2, especially as it pertains to customizing the look of widgets. He also notes that version 3 removed several user features, necessitating certain tweaks, like the new appearance of tabbed interfaces for widgets.

    • Devices/Embedded

      • Open Hardware/Modding

        • Prototyping Your Way To Better Prototypes | Hackaday

          If you’ve ever made a prototype of something before making the “real” one or even the final prototype, you probably already know that hands-on design time can’t be beat. There’s really no substitute for the insight you will glean from having a three-dimensional thing to hold and turn over in your hands for a full assessment. Sometimes you need to prototype an object more than once before investing time, money, and materials into making the final prototype for presentation.

          This is [Eric Strebel]’s second video in series about making an eco-friendly wireless phone charger. He made a paper prototype in the first video, and in this follow-up, he refines the idea further and makes a chipboard version of the charger before the final molded paper pulp prototype. The main advantage of the chipboard version is to design the parts so that each one will be easier to pull from its mold in a single piece without any undercuts.

        • Bluetooth RC Car Packs In A Few Sensors | Hackaday

          Have you ever been walking around the house, desperate to know the ambient temperature, humidity, and barometric pressure? Have you ever wanted to capture that data with a small remote-controlled platform? If so, this project from [TUENHIDIY] will be exactly what you’ve been looking for.

          The little remote-control car is built around a Seeed Wio Terminal. This is a microcontroller platform that comes with a screen already attached, along with wireless hardware baked in and Grove connectors for hooking up external modules. Thus, the car adds a DHT11 temperature and humidity sensor, along with a BMP280 air pressure sensor using the Grove connectors.

      • Mobile Systems/Mobile Applications

    • Free, Libre, and Open Source Software

      • Programming/Development

        • Architecting Software for Leverage

          Lucas Cavalcanti is a principal engineer at Nubank, the most influential Brazilian fintech, built as a service-oriented architecture leveraging Clojure and Datomic. Lucas is a functional programming enthusiast and proponent of best practices in software development with vast experience in real production applications written in Java, Scala, Ruby, and now Clojure.

        • Python

          • William Brown: Transactional Operations in Rust

            Earlier I was chatting to Yoshua, the author of this async cancellation blog about the section on halt-safety. The blog is a great read so I highly recommend it! The section on halt-safety is bang on correct too, but I wanted to expand on this topic further from what they have written.

  • Leftovers

    • Computer History’s Unsung Hero: An Ode To Dennis Ritchie

      His first major contribution to the world of computer science was the invention of C, a game-changing computer programming language. Ritchie developed C between 1969 and 1973, and it quickly caught on among programmers. C was flexible and gave programmers a lot of options in problem-solving. While new programming languages have come since (this did launch 50 years ago, after all), C’s imprint can still be seen, especially in languages like C++.

      Around this same time, Ritchie co-developed the Unix operating system with another Bell Labs computer scientist (also underrated) named Ken Thomas. Much like C, the flexibility of Unix as an operating system made it a fast favorite. It could run on different hardware, and it was simple in a way that made collaboration easy. Its influence on modern operating systems cannot be overstated.

    • Science

      • Robotics’ Second Wave

        As robotics become more widely deployed and some operations begin to use fleets from multiple vendors, more of the talk is about software-related issues like integration and less on the workings of the robot hardware itself.

        The first phase of warehouse robotics may be coming to close. That’s because vendors today are talking more about fulfillment processes, integration and software, rather than the robots.

      • New atomic data portal | UDaily

        University of Delaware Professors Marianna Safronova and Rudolf Eigenmann combine physics and computer science to develop their atomic portal.

      • The Fight Between Corporations and Civil Society Over Data Donations

        We face a choice between two models for donating data: one governed by corporations and one determined by grassroots civic action. The winner will decide how much control we have over our digital information.

    • Hardware

      • Nvidia’s transformation into a full-stack computing company | VentureBeat

        Nvidia recently announced a toolkit for integrating the open source Robotics Operating System (ROS) with Isaac Sim, its simulation environment for robotics applications

      • TSMC: TSMC founder says free trade recently comes with ‘conditions’, Telecom News, ET Telecom

        Taiwan Semiconductor Manufacturing Co. founder Morris Chang reiterated the value of free trade to solve supply problems in the critical chip industry, while cautioning that’s been accompanied by more conditions of late.

        Chang, who was speaking as Taiwan’s envoy to the Asia-Pacific Economic Cooperation leaders’ meeting, on Friday said there’s concern that “recently ‘free trade’ seems to carry more conditions and qualifications than it used to.” Such “conditions” referred to the U.S. planning to make more chips domestically, he later told a media briefing.

    • Health/Nutrition/Agriculture

      • Opinion | Deforestation Harms Vulnerable Communities
      • At Least 269 Workers in US Meatpacking Industry Died in First Year of Pandemic
      • Tobacco industry is using Facebook to dodge rules, facilitates bidi sales

        Facebook hosts at least 30 distinct pages for bidi companies, and many of these companies are utilising the social media platform to facilitate sales, according to a report released on Wednesday.

        The report titled “Selling Death on Social Media: How Bidis Are Reaching Consumers Online” from global public health organisation Vital Strategies details digital media monitoring data with 344 instances of bidi marketing on social media between December 2020 and August 2021, almost exclusively through Facebook (98 per cent).

        It showed that the tobacco industry is using Facebook to facilitate bidi sales, dodging India’s Cigarettes and Other Tobacco Products Act, 2003 (COTPA) regulations designed to protect youth and consumers from harmful marketing.

      • Food Outlook: Biannual Report On Global Food Markets

        This Special Feature examines the pathways and impacts of rapidly rising input prices, especially those of energy derived from fossil fuels, which can have detrimental effects on the global food economy in terms of their influence on food prices and future price developments, as well as their likely consequences for global food security. In addition, emphasis is duly placed on those most likely to be hit the hardest – consumers in economically-vulnerable, importdependent countries, given that much of their income is spent on food and energy, bringing about high exposure.

      • World food import bill to reach a record high in 2021

        FAO expects the global food import bill to reach an all-time high in 2021 and surpass US$1.75 trillion, marking a 14 percent increase from the previous year and 12 percent higher than earlier forecast in June 2021. The increase is driven by higher price levels of internationally traded food commodities and a threefold increase in freight costs.

      • World food import bill to reach record high in 2021

        The analysis also points to a growing number of countries, currently 53, where households spend more than 60 per cent of their income on necessities such as food, fuel, water and housing. 

      • New Delhi braces for emergency measures as toxic smog worsens

        It reduced visibility and the Air Quality Index (AQI) hit 470 on a scale of 500, according to the federal pollution control board. This level of pollution means the air will affect healthy people and seriously impact those with existing diseases.

      • First Severe Smog Episode Hits Delhi, Could Be Longest In 4 Years: Report

        Green think-tank Centre for Science and Environment said the average daily contribution of smoke from farm fires from the middle of October to November 8 has been the lowest in last four years.

    • Integrity/Availability

      • It’s Now Possible To Sign Arbitrary Data With Your SSH Keys

        Did you know that you can use the ssh-keygen command to sign and verify signatures on arbitrary data, like files and software releases? Although this feature isn’t super new – it was added in 2019 with OpenSSH 8.0 – it seems to be little-known. That’s a shame because it’s super useful and the most viable alternative to PGP for signing data. If you’re currently using PGP to sign data, you should consider switching to SSH signatures.

        Here’s why I like SSH signatures: [...]

      • Proprietary

        • Security

          • Foreign Hackers Stole Information From Defense Contractors, Researchers Say [Ed: Copied, not stole. They left the originals in tact, unless this is ransomware.]

            Foreign hackers are suspected of breaching several organizations, including defense contractors, and accessing sensitive information, according to a report by cybersecurity researchers.

          • How Secure Is Your Data While You’re Using Public Transportation?

            Going through airport security can be a stressful experience—yes, even for people with nothing to hide. That’s especially true given the tighter rules after the 9/11 terrorist attacks.

            Representatives from the Transportation Security Administration (TSA) should only search a phone that looks suspicious, such as if inspections showed a possible explosive device inside.

            On the other hand, border patrol agents can and do take people’s devices to determine if they contain content that could indicate someone’s a national security risk. That means most individuals don’t need to worry about having their devices scrutinized during a border crossing. However, things don’t always turn out that way.

          • Hoax Email Blast Abused Poor Coding in FBI Website

            The Federal Bureau of Investigation (FBI) confirmed today that its fbi.gov domain name and Internet address were used to blast out thousands of fake emails about a cybercrime investigation. According to an interview with the person who claimed responsibility for the hoax, the spam messages were sent by abusing insecure code in an FBI online portal designed to share information with state and local law enforcement authorities.

          • Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation

            • Millions of Routers, IoT Devices at Risk from New Open-Source Malware [Ed: Proprietary software company is trying to blame "Open Source" because people can write malware using freely available code]

              BotenaGo, written in Google’s Golang programming language, can exploit more than 30 different vulnerabilities.

              Newly surfaced malware that is difficult to detect and written in Google’s open-source programming language has the potential to exploit millions of routers and IoT devices, researchers have found.

          • Privacy/Surveillance

            • Analysis: Privacy-focused startups see boon in big tech’s troubles [Ed: Is this an ad or an article? They've already burned at least one user by turning over data to the government]

              The leaks and controversies plaguing tech giants are driving users towards privacy-focused startups that are bidding to shake up the online market with a little help from regulators, company executives and digital rights experts say.

              Last month, a Facebook whistleblower leaked documents she said showed the social media company chose profit over user safety – the latest in a series of damaging revelations about big tech that smaller rivals say are helping them to grow.

              “Tech companies are making our job easier,” said Andy Yen, chief executive of Proton, a Swiss-based company that calls itself the world’s largest secure email provider, using end-to-end encryption and sophisticated security features.

              “This pursuit of higher and higher profits at the expense of users is driving people to seek alternative products and services with values that are more aligned with their own,” he told the Thomson Reuters Foundation.

    • Defence/Aggression

      • Bannon Indicted for Contempt of Congress for Ignoring January 6 Subpoena
      • The Triple Border, a criminal haven

        Terrorism—and criminality—have found a way to camouflage, change, and reproduce themselves much faster than legislation and actions against them. It is not a recent phenomenon; it has been cultivated for several decades in the triple border of Argentina, Brazil, and Paraguay and only gains relevance when remarkable or shocking events occur. The fight against these groups—even if they are small and even one-man operations—must be carried out decisively using all available resources, otherwise they will continue to take root and mingle in the region and extend their contacts with regional criminal gangs, which will result—as can already be observed—in an increase in power and lethality.

    • Transparency/Investigative Reporting

      • Media expert: Lazy journalism leaves fertile soil for populism

        This leaves us journalists with a problem. When a populist says that everything is rotten, it usually includes journalists. How should we react if we are also rotten? Usually, there are two approaches. One group finds that we should condemn it. Others, like me, say we should continue to be good at our job.

        Of course, it is harder than most people think. Populists often make false claims. How to make sure we are not giving them a free pass by covering their actions? We tend to pay more attention to controversial characters and believe, when we criticize them, that people will not vote for them or can see through their agenda.

        I am less hopeful on this front. We should take care not to make it look like populists are the most important party or politician.

    • Environment

    • Finance

      • Point Pickup Delivery App Update Sows Confusion About Algorithmic Pay

        Point Pickup, a delivery contractor used by Walmart and other major retailers, rolled out an app update that sowed confusion among drivers, some of whom say they are earning less money. This may be the result of a switch from a static pricing model to what the company’s chief marketing officer said is a “dynamic market pricing technology that informs individual order pricing based on specific market conditions as they fluctuate.”

        Before recent changes to the app, gig workers on the Point Pickup platform were shown a payout amount alongside their delivery offers. Tips were processed later and paid out separately.

    • AstroTurf/Lobbying/Politics

    • Censorship/Free Speech

      • Former consul: Ratas ignored free speech issues while on Budapest visit | Politics | ERR

        A former Hungarian Honorary Consul in Estonia has hit out at Riigikogu speaker Jüri Ratas’ (Center) recent visit to Budapest, saying he failed to address pressing issues, including freedom of speech, in his meetings with his counterpart, as well as with justice minister Judit Varga.

        The former consul, Mall Helam, tweeted in English Saturday that: “Speaker Jüri Ratas reported about friendly meetings with Hungarian Minister of Justice Judit Varga. It seems that the use of NSO spyware under the responsibility of minister Varga, as well as restrictions in Hungary on the free press and academic freedoms, were not important enough issues to discuss.”

    • Freedom of Information/Freedom of the Press

      • DER SPIEGEL again receives millions in support from the Bill and Melinda Gates Foundation

        It is not surprising that a blog that takes a critical look at DER SPIEGEL magazine published this information first. The journalist Thomas Röper, responsible for the Anti-mirror, informed its interested readers on October 9, 2021 that there was another transfer from Gates to Hamburg. According to information from the Bill and Melinda Gates Foundation, the impressive sum of 2,900,000 US dollars, that is just under 2.5 million euros, found its way into an account with the magazine in October of this year.

        As early as 2018, SPIEGEL received a transfer of a similar size from the Foundation. Back then it was $ 2,537,294. Bill Gates gave the total a term of 36 months, which had now expired. He seems satisfied with the work he has funded. So he not only invested again, but increased the sum by almost 400,000 US dollars, this time with a term of 41 months.

    • Civil Rights/Policing

    • Biden administration looking to axe another policy from the Trump era

      The Biden Administration is moving to axe another policy measure from the previous administration. The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has proposed rescinding a Trump era rule giving faith-based contractors more flexibility when it came to anti-discrimination laws.

  • Digital Restrictions (DRM)

  • Monopolies

    • Patents

      • UK: Machine Learning And Patents – A Guide For Patent Attorneys In Chemistry And Life Sciences [Ed: This is an old piece of self-promotional junk from litigation firms, showing how "Hey Hi" gets shamelessly misused for rogue patent agenda]
      • Unease growing in Europe over ‘America First’ agenda behind O-RAN initiative: telecommunications infrastructure treated as geopolitical football

        Yesterday was the first of two days of a conference organized by the European University Institute’s Florence School of Regulation on Transatlantic Relationships in Innovation Policies: Converging Agendas?

        I tuned in because “IP and standard-setting” (with a focus on 5G) were announced as key topics. However, that first day, apart from a keynote by Qualcomm’s Alex Rogers (in which he called out Apple on taxing app developers while complaining about SEP royalties), was largely about technology-related trade policy in general, and the O-RAN initiative (for modularizing telecommunications network infrastructure) was actually the key topic.

      • EPO must discourage speculative filings, say pharma counsel [Ed: ‘Managing IP’ lobbying the EPO on behalf of its sponsors, pushing an already rigged tribunal]

        The G2/21 referral on plausibility risks turning the clock back to a wave of ‘prophetic’ patent filings seen in the 1990s, say in-house sources

      • Federal Circuit Review October 2021

        No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement

        In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that the “final assembler” theory of direct infringement does not apply to defendants who neither manufacture nor install components to complete a claimed system.

        Acceleration Bay owned patents relating to multi-participant computer networks, such as multi-player game environments. Acceleration Bay sued Take-Two and others for direct infringement for allegedly establishing infringing networks for customers playing Grand Theft Auto V and other games. Because Take-Two did not make or sell each claimed component, Acceleration Bay relied on a “final assembler” theory of infringement. Under a “final assembler” theory, a defendant can directly infringe even when its product does not meet every claim limitation in a claimed system if the defendant “makes” the claimed system when it installs its product into an existing network. Take-Two moved for summary judgment of non-infringement, arguing that the final assembler theory did not apply. The district court agreed and granted summary judgment of non-infringement. Acceleration Bay appealed.

        The Federal Circuit affirmed the district court. Acceleration Bay argued that the “final assembler” theory applied because Take-Two’s software controlled customers’ consoles, which caused the claimed components to satisfy the functional elements of the claims. The Federal Circuit disagreed, finding that the final assembler theory did not apply because Take Two did not manufacture any hardware or install any hardware to a network. Therefore, the Federal Circuit affirmed the district court’s grant of summary judgment of non-infringement.


        Starting with step one of Alice, the Federal Circuit expressed doubt as to the district court’s framing of the claims as “directed to the abstract idea of authentication.” However, the Federal Circuit declined to determine if the claims were directed to an abstract idea, instead finding that the claims satisfied Alice step two. The Federal Circuit explained that the claims and specification “recite a specific improvement to authentication that increases security, prevents unauthorized access by a third party, is easily implemented, and can advantageously be carried out with mobile devices of low complexity.” Accordingly, the Federal Circuit reversed the judgment below.

        Judge Reyna concurred with the majority decision to reverse the district court’s judgment but wrote separately to argue that, under Alice step one, the claims at issue were directed to patent-eligible subject matter. Judge Reyna also heavily criticized the majority’s bypassing of step one of the Alice inquiry as “extraordinary and contrary to Supreme Court precedent.”

      • Software Patents

        • Another Sovereign Peak Ventures (Dominion Harbor entity) patent likely invalid [Ed: The patent troll Dominion Harbor — indirectly connected to the criminals from Microsoft — will likely lose more software patents]

          On November 9, 2021, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims of U.S. Patent 6,877,038, owned by Sovereign Peak Ventures, a Dominion Harbor entity. The ’038 patent is directed to transmitting and receiving video data arranged in data frames forming a data stream. It has been asserted against HTTP Live Streaming (HLS) technology from TCL, Hisense, and LG. The petition was filed as part of Unified’s ongoing efforts in the SEP Video Codec Zone.

        • Campaigning lawyers launch counter-offensive against software patent trolls

          Stemming the tide of ‘stupid software patents and the trolls they feed’

          So-called ‘patent trolls’ have been the scourge of technology development for many years, but firms faced with questionable claims are now being offered support from experienced commercial lawyers campaigning against bad practice in the arena of intellectual property.

          Entities abusing the patent system are diverting resources from productive activities to legal fees. Technological advancement and access to technology can suffer as a result.

          Alex Moss, executive director of the Public Interest Patent Law Institute, a former staff attorney and the Mark Cuban Chair to Eliminate Stupid Patents at the Electronic Frontier Foundation (EFF), explained that a spirited defense against wrongly issued patents is necessary for technology businesses to flourish.


          It also wants to help create more software-related ‘prior art’ (which can be used to invalidate patents and patent applications) available to the public and Patent Office, along with making the patent system itself more transparent and accountable to the public.

          Elsewhere Cloudflare’s Project Jengo is offering a crowdfunded resource that identifies cases of prior art, evidence that can be used to invalidate questionable patent claims.

    • Copyrights

      • ISP Verizon Fails to Lift MangaDex Blockade, Manga Site Codes Own Solution

        In the summer subscribers to ISP Verizon found they were being prevented from accessing giant manga scanlation site MangaDex. The US ISP hasn’t provided any reason for taking this action so in response, MangaDex has been working on a solution. Over the past few months, the team has developed a workaround and while it may not last forever, the site is accessible to all once again.

IRC Proceedings: Saturday, November 13, 2021

Posted in IRC Logs at 2:15 am by Needs Sunlight

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