Links 21/08/2024: Economic Problems in China, Patents From the EPO Smashed in Court
Contents
- Leftovers
- Science
- Hardware
- Health/Nutrition/Agriculture
- Proprietary/Artificial Intelligence (AI)
- Security
- Defence/Aggression
- Environment
- Finance
- AstroTurf/Lobbying/Politics
- Censorship/Free Speech
- Freedom of Information / Freedom of the Press
- Civil Rights/Policing
- Internet Policy/Net Neutrality
- Digital Restrictions (DRM) Monopolies/Monopsonies
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Leftovers
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Hackaday ☛ WOW! It Wasn’t Aliens After All!
There may not be many radio astronomy printouts that have achieved universal fame, but the one from Ohio State University’s Big Ear telescope upon which astronomer [Jerry R. Ehman] wrote “WOW!” is definitely one of them. It showed an intense one-off burst that defied attempts to find others like it, prompting those who want to believe to speculate that it might have been the product of an extraterrestrial civilization. Sadly for them the Planetary Habitability Laboratory at the University of Puerto Rico at Arecibo has provided an explanation by examining historical data from the Arecibo telescope.
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Latvia ☛ 'Old Believers' style hotel hopes to boost Rēzekne tourism
A new hotel "Old Believers Apartment" has opened in Rezekne, located in a building owned by the Rēzekne Old Believers Church and designed in the style of an Old Believers house, Ilona Nikonova, the owner of the apartments, told Latvian Radio August 20.
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Zimbabwe ☛ This upcoming free conference wants to teach you how to use tech for social good
They say civic tech involves using technology to foster and strengthen the relationship between citizens and their government.
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Science
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Science Alert ☛ You're Not Imagining It: Thinking Can Actually Be Painful, Study Finds
It really does hurt to think.
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Science Alert ☛ Famous 'Wow!' Signal Might Have Actually Been a Natural Space Laser
A rare coincidence?
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Hackaday ☛ Pulling Hydrogen Out Of The Water
In theory, water and electric current will cause electrolysis and produce oxygen and hydrogen as the water breaks apart. In practice, doing it well can be tricky. [Relic] shows an efficient way to produce an electrolysis cell using a few plastic peanut butter jars and some hardware.
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Science Alert ☛ Watch a Black Hole Tear a Star to Shreds in Insane New Simulations
It's messy and violent.
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Science Alert ☛ Brain Mechanism That Regulates Fear Discovered in Mice, Scientists Say
A new pathway to keep fear in check?
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Hardware
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Tom's Hardware ☛ China's new export controls on key chipmaking materials could lead to chip pricing hikes
China introduced export curbs to antimony, a material used for chipmaking.
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Health/Nutrition/Agriculture
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Science Alert ☛ Drug Already Approved For Parkinson's Could Help Clear Alzheimer's Brains
Two for one.
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Science Alert ☛ Kids Who Eat Breakfast Every Day Share Something in Common
The right start to the day.
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Proprietary/Artificial Intelligence (AI)
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Science Alert ☛ AI Doesn't Actually Pose an Existential Threat to Humans, Study Finds
Article written by a real person, we promise.
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Security
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Privacy/Surveillance
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NYPost ☛ Fed-up California woman catches mail thieves by sending herself an Fashion Company Apple AirTag
The thieves were found with the victim's stolen package containing the AirTag as well as items believed to be swiped from more than a dozen additional victims.
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Defence/Aggression
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ADF ☛ Southern Accord 24 Helps Botswana Defence Force Sharpen its Peacekeeping Skills
The Botswana Defence Force and United States military came together in August for Southern Accord 24, a 10-day biennial joint exercise designed to improve the ability of the two forces to work together in peacekeeping, humanitarian missions and disaster relief.
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ADF ☛ Mozambique Becomes China’s Top Source of Rosewood as Illicit Trade Funds Terror
Mozambique has eclipsed other African countries as China’s primary supplier of rosewood, a material coveted for its use in expensive furniture. Mozambique shipped 20,000 metric tons of the internationally protected timber to China in 2023 alone, despite a long-standing ban on exporting logs.
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ADF ☛ Attacks on Sudan’s Hospitals Are Crippling Health Care System
As both sides of Sudan’s civil war fight to control el-Fasher, the besieged capital of North Darfur, the city’s hospitals and patients are in the crossfire. El-Fasher’s last functioning public hospital, Saudi Hospital, was struck by a bomb on Aug. 11 that wrecked its surgical unit and damaged its maternity ward.
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ADF ☛ Groups Offer Young People Path Away from Extremism
Violent extremism from the Sahel has been spreading closer to Ghana’s northern border over the last five years. Mataru Mumuni Muqthar, executive director of the West Africa Centre for Counter-Extremism (WACCE) in Accra, said that while there have been no attacks, the area is “much more exposed than before.”
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ADF ☛ Rising Terrorism Takes Toll on Niger’s Oil Sector
Security threats have grown steadily since Niger’s military seized control of the government in July 2023. While multiple terrorist groups have increased their attacks in the west, rebels and bandits in the east now threaten the country’s fragile economy.
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Hong Kong Free Press ☛ Taiwan conducts missile drills at sensitive test site
Taiwan conducted missile drills simulating the interception of enemy fighters and munitions at a sensitive test site Tuesday, as the island seeks to step up “combat effectiveness” against an increasingly assertive China.
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France24 ☛ Suspected serial killer of dozens of women in Kenya escapes from police station
Kenyan police launched a “major security operation” on Tuesday after the escape of a suspected serial killer, believed to have murdered dozens of women. He had been arrested on July 15 after the discovery of mutilated bodies in a rubbish dump in the capital, Nairobi, and had confessed to killing 42 women.
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Atlantic Council ☛ Amid rising insecurity in Venezuela, the US and its partners must prepare for a new wave of migration
With the Maduro regime cracking down after a fraudulent presidential election, many Venezuelans who held out hope for political change are preparing to leave their country.
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Federal News Network ☛ Protecting military space technology from bad actors
It doesn't get more cutting edge than military space technology, so that means security practices need to be top notch and updated just as frequently.
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Pro Publica ☛ Secret Service Flaws Enabled Trump Assassination Attempt
He’d warned them.
Butler Township Police Officer Drew Blasko paced angrily along the AGR building, where just minutes before a gunman had clambered atop the roof, aimed an AR-15-style rifle at Donald Trump and fired, striking the former president.
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New York Times ☛ Iranian Military Official Hints Strike on Israel May Be Delayed
The comments from an Islamic Revolutionary Guards Corps leader suggested that a widely feared regional conflict might be averted, at least for the moment.
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Hong Kong Free Press ☛ Top Beijing officials urge resolution against Taiwan independence at Hong Kong conference
Top Beijing officials have urged for a resolution against Taiwan independence at a conference held in Hong Kong, with one of them saying the city’s One Country, Two Systems political framework is a key to “China’s reunification.”
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ADF ☛ Tunisia Upgrades Air Force Fleet
The Tunisian Air Force has bolstered its intelligence, surveillance and reconnaissance (ISR) capacity with the delivery of two Textron C-208B Grand Caravan EX aircraft.
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RFA ☛ Myanmar rebels capture last junta base in township on China border
The captured base is a key to the defense of a military headquarters.
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Russia, Belarus, and War in Ukraine
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Atlantic Council ☛ Kursk offensive could help free Ukrainians in Russian captivity
Ukraine's invasion of Russia's Kursk Oblast has resulted in the surrender of unprecedented numbers of Russian soldiers, raising hopes of a large-scale prisoner exchange, writes Olivia Yanchik.
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France24 ☛ Zelensky hails vote to ban Russia-linked Orthodox Church
Ukraine’s parliament on Tuesday voted to ban the Russia-linked Ukrainian Orthodox Church, a move welcomed by President Volodymyr Zelensky who said it would bolster Ukraine’s independence. Kyiv has been trying to curb religious and social links with Russia for years—a process that was accelerated by Moscow’s 2022 invasion, which the powerful Russian Orthodox Church endorsed. Read our blog to see how the day's events unfolded.
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LRT ☛ ‘Getting dronisation moving’: Lithuanian UAVs successfully pass tests in Ukraine
Five out of six Lithuanian drone manufacturers have successfully passed tests in Ukraine and are looking to sign contracts with the Defence Ministry. The companies say that private investors are not enough – government contracts are what move drone development forward.
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RFERL ☛ Russia Summons U.S. Diplomat Over Presence Of American Journalists In Kursk Region
The Russian Foreign Ministry said on August 20 that it had summoned the U.S. Embassy's Deputy Chief of Mission Stephanie Holmes to protest what it called "provocative" reports by U.S. journalists from the Kyiv-controlled part of Russia's Kursk region who "illegally" crossed the Russian border.
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RFERL ☛ Kyiv Not Evacuating Locals From Russian Territories It Controls, Says Ukrainian Lawmaker
Ukrainian lawmaker Roman Kostenko told RFE/RL on August 20 that no evacuation of local residents from parts of Russia's Kursk region that is controlled by Kyiv's armed forces to Ukraine is under way at the moment.
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RFERL ☛ Ukrainian Lawmakers Approve Law Banning Religious Groups Tied To Russian Orthodox Church
Ukrainian lawmakers on August 20 approved a bill banning religious organizations linked to the Russian Orthodox Church, which Kyiv has criticized for being supportive of Moscow's full-scale invasion.
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RFERL ☛ Ukraine Has 'No Intention' Of Occupying Russian Territory, Says Zelenskiy Aide
Ukraine continues to press its incursion into Russia's border region of Kursk and now controls hundreds of square kilometers of territory, but its action is meant to create a buffer zone and not to acquire or occupy Russian lands, the Ukrainian leadership has said.
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RFERL ☛ Ukraine Repels Fifth Missile Attack On Capital This Month
Ukrainian air-defense systems repelled a missile strike on Kyiv early on August 20, the fifth missile attack by Russia's military on the Ukrainian capital this month, the air force reported, adding that according to early assessments there were no casualties or damage.
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New York Times ☛ War Is Draining Ukraine’s Male-Dominated Work Force. Enter the Women.
More and more women are replacing men mobilized in the army. But there are not enough of them to make up for the labor shortage affecting the economy.
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New York Times ☛ Zelensky Says Ukraine Now Controls About 480 Square Miles of Russian Territory
President Volodymyr Zelensky of Ukraine seized on the incursion’s success to press allies to lift a longtime restriction: the use of Western-supplied long-range weapons against Russia.
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New York Times ☛ Ukrainian Lawmakers Pass Bill Aiming to Ban Russian-Aligned Church
The measure, which awaits President Volodymyr Zelensky’s signature, would further a long, post-Soviet split between two of the world’s largest Orthodox communities.
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New York Times ☛ Wednesday Briefing: The U.S.’s Secret Nuclear Strategy
Plus, Ukraine’s women take over the work force.
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Meduza ☛ ‘The worst decision you can make’: How Russia lured hundreds of men from Nepal to fight in Ukraine, leaving many of their families in financial ruin — Meduza
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Meduza ☛ ‘I just want them to stop shooting’: Meduza’s readers weigh in on Ukraine’s ongoing foray into Russia’s Kursk region — Meduza
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RFERL ☛ CIA Chief In Bosnia To Emphasize U.S. Support And 'Worrying' Rhetoric Of Republika Srpska President
CIA Director William Burns was in Sarajevo on August 20 to discuss the “worrying secessionist rhetoric and actions” of the pro-Russian president and government of Bosnia-Herzegovina’s Serb entity, a U.S. government official told RFE/RL.
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New York Times ☛ Biden Approved Secret Nuclear Weapons Strategy Focusing on China
In a classified document approved in March, the president ordered U.S. forces to prepare for possible coordinated nuclear confrontations with Russia, China and North Korea.
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RFERL ☛ Russia Struggles To Find Role For Reconstituted Wagner Group In Africa, Experts Say
After the Wagner Group reconstituted itself earlier this year, including renaming itself the Africa Corps, Kremlin officials seem unsure of the group’s next steps and its role within Russia’s international strategy, experts speaking on August 20 at a Washington think tank said.
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Defence Web ☛ Russia-Ukraine war spills into west Africa: Mali attacks signal dangerous times ahead
Russia suffered significant blows to its reputation in mid-2024. An attack on its territory by Ukraine came as a surprise. In west Africa, the Wagner mercenary group, supported by Russia, suffered one of its heaviest fatalities in Mali.
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Meduza ☛ Kremlin publishes video of Putin’s first meeting with parents of Beslan school siege victims in 19 years, but edits out their questions — Meduza
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RFERL ☛ Russia's Top Court Extends Detention For Navalny's Lawyers Pending Trial On Extremism Charges
Russia’s Supreme Court on August 20 extended the pretrial detention of three lawyers who once represented slain Russian opposition politician, Aleksei Navalny, and are now facing charges of extremism.
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France24 ☛ Ukraine's capture of hundreds of Russian conscripts in Kursk region undermines Putin's war rhetoric
In a northern Ukrainian prison, young Russian conscripts captured during Ukraine’s incursion into Russian territory await their fate. Ukraine sees them as crucial bargaining chips, while their families back in Russia are demanding their swift return.
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RFERL ☛ Day After Putin's Visit, Azerbaijan Applies To Join BRICS Alliance
Azerbaijan has officially applied to join the BRICS bloc of developing economies. Azerbaijani Foreign Ministry spokesman Aykhan Hajizadeh announcement the move on August 20, a day after Russian President Vladimir Putin visited the South Caucasus country.
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Environment
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New York Times ☛ Tropical Depression Jongdari Nears South Korea, Bringing Threat of Flooding
The storm has caused flight cancellations in the country’s south. It is forecast to skirt the west coast before making landfall on Wednesday near Seoul.
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RFA ☛ EXPLAINED: The impact of climate change on the Tibetan plateau
China announced a new study to identify how ‘the Water Tower of Asia’ is being transformed.
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Hong Kong Free Press ☛ Death toll from central China downpours rises to 50, 15 missing – state media
At least 50 people were confirmed dead on Monday following search and rescue efforts after torrential rain lashed central China in late July, state media said. Fifteen others remained missing in Zixing city in China’s Hunan Province, according to state broadcaster CCTV.
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Energy/Transportation
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RFA ☛ Laotians post images of miscalculated US$4,000 power bills to social control media
Customers in Vientiane province immediately took to Facebook (Farcebook) after receiving the surprising invoices.
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The Straits Times ☛ South Korea to strengthen e-scooter regulations
The speed limit for electric scooters has been lowered from 25 to 20km per hour in a pilot program.
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European Commission ☛ Questions and Answers on the disclosure to interested parties of draft definitive findings of anti-subsidy investigation into imports of battery electric vehicles from China
European Commission Questions and answers Brussels, 20 Aug 2024 Why have the proposed duty rates changed?
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European Commission ☛ Commission discloses to interested parties draft definitive findings of anti-subsidy investigation into imports of battery electric vehicles from China
European Commission Press release Brussels, 20 Aug 2024 Today, as part of its ongoing anti-subsidy investigation, the European Commission has disclosed to interested parties the draft decision to impose definitive countervailing duties on imports of battery electric vehicles (BEVs) from China.
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ADF ☛ Drones Show Their Value in Disaster Response
Confusion reigned for days after flash floods and landslides killed at least 91 people in the central Kenya town of Mai Mahiu in April. Police initially blamed a burst dam, but the government later said debris had blocked a railroad river tunnel.
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Scoop News Group ☛ FAA to issue cyber rule for newly built airplanes and equipment
The Biden administration looks to add cybersecurity defenses to a plane's airworthiness.
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Security Week ☛ Darktrace Co-founder Mike Lynch Presumed Dead After Superyacht Sinks
Mike Lynch, co-founder of Darktrace and Autonomy, is among six people presumed dead after the superyacht, Bayesian, sank off the coast of Sicily early Monday.
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Hackaday ☛ Does Solar Energy Make Us Vulnerable?
Here’s a hypothetical situation. You decide to build your own steam generator plant and connect it to the electric grid. No matter where you live, you’d probably have to meet a ton of requirements from whoever controls your electric power, almost surely backed by your government. Yet, according to a recent post by [Bert], a version of this is going on in Europe and, probably, in many more places: unregulated solar power inverters driving the grid.
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Wildlife/Nature
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New Yorker ☛ Did R.F.K., Jr., Squander a Golden Opportunity with the Dead Bear Cub?
Sure, dumping it in Central Park was interesting. But had he even considered using it as a delicious gift for Putin, or as a pickup line with the ladies?
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RFA ☛ Fire breaks out at Chinese dissident-run sculpture park in California desert
It was the second fire in 3 years at the park, which remembers victims of the 1989 Tiananmen massacre.
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ADF ☛ Former Poachers Help Curb Wildlife Crime in Kenya
Massive redwood trees tower above the floor of central Kenya’s Aberdare National Park, home to an array of animal species, including antelope, buffalo, elephants and endangered species such as black rhinos, mountain bongos, black and white colobus monkeys and the African golden cat.
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Science Alert ☛ Spider Species Uses Male Fireflies as Ghastly Puppets to Seduce Its Prey
Genius.
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Science Alert ☛ Elephant Species Vanished at a Shocking Rate With The Rise of Modern Humans
Damning new evidence.
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Overpopulation
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RFA ☛ China mulls making marriage easier as rates plummet
Faced with a flagging economy and fears for the future, more young people are staying single.
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Finance
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RFA ☛ Lone death of rejected job-seeker sparks angry online reaction in China
The woman had been repeatedly turned down for a government post despite having graduated from an elite university.
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BIA Net ☛ Accountants smash laptops outside Finance Ministry in rare protest
Accountants in Ankara protested the ministry over increasing workload due to the inflation adjustments.
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New Yorker ☛ Has Kamala Harris Risen Above the Vibecession?
Voters are still concerned about high prices, but inflation has dropped below three per cent, interest-rate cuts seem inevitable, and Donald Trump can’t focus.
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AstroTurf/Lobbying/Politics
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The Straits Times ☛ Indonesia’s Golkar party poised to elect Jokowi ally as chief
Mr Bahlil Lahadalia, the newly appointed energy minister, is poised to be confirmed as the chair of the Suharto-era party
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Hong Kong Free Press ☛ Exclusive: Beijing tells Hong Kong-based consular officials to seek approval before visiting Macau and Guangdong
Beijing has told Hong Kong-based foreign consular officials to seek approval from the Chinese authorities 10 days in advance before they pay any business visits to the Greater Bay Area (GBA) – including Macau and cities in Guangdong – according to a letter obtained by HKFP.
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The Straits Times ☛ China’s Pooh-tin backs Fiji PM’s Pacific plan ahead of regional meeting
China also pledged to step up its trade ties with the archipelagic state.
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The Straits Times ☛ 'Rotten-tail kids': China's rising youth unemployment breeds new working class
Rising unemployment in China is pushing millions of college graduates into a tough bargain, with some forced to accept low-paying work or even subsist on their parents' pensions, a plight that has created a new working class of "rotten-tail kids".
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RFA ☛ Vietnam, China sign 14 agreements during top leader’s visit to Beijing
A meeting with President Pooh-tin ended with pledges to develop infrastructure, including railways.
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New York Times ☛ U.S. Sanctions Former Haitian President for Drug Trafficking
The Treasury Department said former President Michel Martelly’s actions have contributed significantly to the unraveling of security in the country.
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JURIST ☛ Former US Representative George Santos pleads guilty to fraud offenses
Former US Representative for New York’s Third Congressional District George Santos pleaded guilty to wire fraud and aggravated identity theft on Monday.
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New York Times ☛ In Chicago, Obama Aims to Resurrect a Movement
Also, Biden approved a secret new nuclear strategy. Here’s the latest at the end of Tuesday.
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New Yorker ☛ Proud and Impassioned, Joe Biden Passes the Torch at the D.N.C.
In a valedictory speech in Chicago, the President mapped his legacy and asked to be remembered as a man who pulled the country from the maw of tragedy.
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TwinCities Pioneer Press ☛ What Minnesota Democrats expect from Tim Walz’s DNC speech on Wednesday night
They know the governor's affable personality, but they want to see him tell the nation more of what he's about.
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France24 ☛ Gaza protesters briefly breach fence at Democratic National Convention
Protesters against Israel's war in Gaza briefly breached the security fence at the Democratic National Convention in Chicago on Monday, hours before US President Joe Biden gave a tearful farewell speech including praise for Vice President Kamala Harris, the party's nominee. Biden addressed protesters’ concerns in his speech, highlighting the tensions within the party over the conflict.
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France24 ☛ Watch Biden’s full speech at the Democratic National Convention
An emotional US President Joe Biden received a standing ovation as he gave his departure speech on the first day of the Democratic National Convention in Chicago on Monday, endorsing Vice President Kamala Harris, who later thanked him for being an "incredible" president. "I love you," a tearful 81-year-old US president told the crowd amid thunderous applause, less than a month after he withdrew from the race for president against Republican nominee Donald Trump.
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France24 ☛ Biden passes the torch to Harris in tearful goodbye at Democratic National Convention
The Democratic National Convention kicked off in Chicago with an emotional adieu for US President Joe Biden, who hailed Vice President Kamala Harris and the accomplishments of their administration in a fiery, sometimes teary speech.
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Censorship/Free Speech
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RFERL ☛ Iranian Police Shut Down German Cultural Institute
Iranian police have shut down Germany’s Das Deutsche Sprachinstitut Teheran (DSIT) -- the German Language Institute Tehran -- for allegedly “violating the country’s laws,” prompting Berlin to summon Iran's ambassador.
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AccessNow ☛ A Latin American perspective on the G20 and digital platforms
Leer en español In collaboration with the Center for Studies on Freedom of Expression and Access to Information (CELE), Access Now has participated in discussions within the Group of Twenty
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Freedom of Information / Freedom of the Press
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Hong Kong Free Press ☛ Hong Kong denies journalist Haze Fan a visa following detention in China, Bloomberg tells staff
Bloomberg has told its staff that Chinese journalist Haze Fan has been refused a visa to work at their Hong Kong bureau, HKFP has learned. Fan, who was previously detained in China, has instead resumed duties at the London newsroom.
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Press Gazette ☛ News media job cuts 2024 tracked: Time, Axios, Tampa Bay Times, New York Public Radio and Hollywood Reporter all hit in August
Big losses at the likes of The Messenger, LA Times, Sports Illustrated and Mediahuis Ireland started 2024.
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Civil Rights/Policing
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RFA ☛ Uyghurs sentenced to cumulative 4.4 million years in prison: study
China’s repression could lead to a ‘total ethnic incapacitation for the Uyghur people,’ author says.
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ACLU ☛ How a Harris Administration Could Chart a New Course for Immigration Reform
Despite immigrants’ contributions to our communities and economy, our current immigration system still fails to provide a way for millions of immigrants to apply for legal status and citizenship. Instead, the system wastes billions of dollars on dangerous and unnecessary detention, frequently violates basic principles of fairness and due process, and fails to deliver on our legal and moral obligation to protect people fleeing persecution.
If elected, Vice President Kamala Harris has an opportunity to chart a new course. At the ACLU, we urge the Harris-Walz administration to champion policies that recognize the value of immigrants’ contributions to the United States, that humanely manage the border, that restore asylum and respect the rights of arriving immigrants, and that strengthen ways to lawfully come to this country.
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Public Knowledge ☛ The Path to Digital Equity: Elevating Local Voices To Drive National Impact
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JURIST ☛ HRW and Amnesty International push EU to urge India to end human rights abuses
Human Rights Watch (HRW) and Amnesty International called for the European Union (EU) to urge the government of India to end human rights abuses in a joint statement released Monday ahead of the EU-India Human Rights Dialogue.
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Internet Policy/Net Neutrality
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Internet Society ☛ Amplifying Impact: Empowering the Next Generation of Computer Networkers
Our computer networking course teaches learners around the world skills that promote employment, bring connectivity to communities, and make the Internet safer for everyone.
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Hackaday ☛ Australia Didn’t Invent WiFi, Despite What You’ve Heard
Wireless networking is all-pervasive in our modern lives. Wi-Fi technology lives in our smartphones, our laptops, and even our watches. Internet is available to be plucked out of the air in virtually every home across the country. Wi-Fi has been one of the grand computing revolutions of the past few decades.
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Zimbabwe ☛ Google says disable 2G on your phone and yet Zim mobile operators still rely on 2G to an extent
Hype is a crazy destructive thing. The 5G evangelists oversold the technology so much that the whole world is now underwhelmed by it.
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Digital Restrictions (DRM)
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New York Times ☛ Disney Backs Down From Effort to Use Disney+ Agreement to Block Lawsuit
The entertainment company had faced a backlash after claiming that a man whose wife died after an allergic reaction to food at Disney World had waived his right to sue when he signed up for Disney+.
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Patents
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Federal News Network ☛ Bill Nye, patents, and Play Doh — oh my!
Catie Miller chats with Amanda Dolasinski, social control media manager at the U.S. Patent and Trademark Office, about Star Wars, Bill Nye, and her mad pitching skills.
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Dennis Crouch/Patently-O ☛ Government Opposition to Chestek’s Cert Petition
The U.S. Solicitor General has filed the Government’s opposition to Chestek PLLC’s petition for a writ of certiorari in a case challenging the USPTO’s authority to implement certain procedural rules without notice-and-comment rulemaking. The case has has significant implications for the agency’s regulatory powers. In particular, the Federal Circuit’s decision frees the agency so that it most situations it can conduct rulemaking without any notice-and-comment.
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Dennis Crouch/Patently-O ☛ Apple v. Vidal: APA Compliance in IPR Discretionary Denial Rules
I have written several times about the Chestek case regarding notice-and-comment requirements under the APA. A second notice-and-comment case is also pending before the Federal Circuit, potentially having a much greater impact on patent monopoly practice. The case, Apple v. Vidal, focuses on IPR discretionary denials, which the USPTO implemented as policy without any formal rulemaking notice-and-comment. In Apple, the Federal Circuit is being asked to consider:
Whether, by adopting the NHK-Fintiv Rule without notice-and-comment rulemaking, the Director violated (1) the APA, 5 U.S.C. § 553, and (2) the AIA, 35 U.S.C. § 316(a)(2), (4)
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Unified Patents ☛ Amicus filed in Dragon IP Fed. Cir. Appeal, Supporting en banc Review of Attorneys Fees
On August 19, 2024, Unified filed an amicus brief in support of an en banc review of a decision that insulates the attorneys and funders who control shell companies that file objectively baseless cases from § 285 fees. The brief also recommends review of the panel's holding that precludes district court judges from rewarding fees related to inter partes review proceedings in exceptional cases, even when those proceedings resolve a related district court case.
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Software Patents
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JUVE ☛ Xiaomi destroys KPN patent monopoly with Bardehle in first instance
The Dutch telecommunications group KPN accuses Xiaomi of infringing its EP 2 291 033 with some of its smartphones and sued the Chinese mobile phone manufacturer at Düsseldorf Regional Court in April 2022 (case no. 4b O 26/22). EP 033 protects a telecommunications network and method for time-based network access.
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Trademarks
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TTAB Blog ☛ (Corrected) Current Roster of TTAB Administrative Trademark Judges
With the retirements of Judges Bergsman, Wolfson, and Taylor, the passing of Judge Hudis, and the addition of six judges this year, the Board’s membership now stands at thirty (30) Administrative Trademark Judges. The current roster is set forth below, beginning with Chief Judge Gerard F. Rogers and Deputy Chief Judge Thomas W. Shaw, and then proceeding alphabetically.
Shaw, Thomas W. (Deputy Chief Judge): Appointed to TTAB in 2011. Prior Professional Experience: Associate Solicitor at the USPTO; Managing Attorney; Senior Attorney; Trademark Examining Attorney; Education: B.A., George Washington University; J.D., University of Miami School of Law.
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Copyrights
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Digital Music News ☛ Ghostface Killah Spearheads the Second Annual ‘Peace & Unity Festival’ in Staten Island
The K Woods Foundation has announced the return of the ‘Peace & Unity Festival’ for its second year in Staten Island—with Ghostface Killah on board to promote. The festival is taking place on August 31st and will be held at SnugHarbor Cultural Center & Botanical Garden in Staten Island.
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Digital Music News ☛ The Major Labels’ Udio Infringement Suit Isn’t Getting a Trial Anytime Soon — Proposed Schedule Would Take the Dispute Deep Into 2025
Earlier this month, a 2026 trial date was tentatively set in music publishers’ Anthropic infringement suit – raising questions about the legal system’s ability to keep pace with AI. Now, it looks like a different copyright monopoly complaint, filed by the majors against Udio, won’t see a trial for some time yet.
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Monopolies/Monopsonies
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