01.07.17
Posted in America, Deception, Patents at 5:03 pm by Dr. Roy Schestowitz
Nostalgic and picky/selective (as always and forever) with ‘facts’, ignoring what’s inconvenient
Summary: Firms that are profiting from patents (without actually producing or inventing anything) want us to obsess over and think about the rare and few cases (some very old) where judges deny Alice and honour patents on software
SOFTWARE patents are a dying breed and thus a dying business for patent law firms. They know it, hence they’re angry and vindicative. Some of them even attack judges (the messengers). These patents keep dying both inside and outside the courtroom (e.g. PTAB) in the US, in spite of some USPTO examiners granting them, probably in an effort to inflate some numbers.
According to this patent attorney, “VA Dist. Ct. Killed 8 Wireless Patents under Alice/101: http://assets.law360news.com/0878000/878025/https-ecf-vaed-uscourts-gov-doc1-18917727618.pdf” (deemed abstract and thus ineligible).
We have not seen a single article about this case. None!
What we are seeing, on the other hand, is patent law firms’ sites romanticising/bringing up old cases, like this quick mention of McRO behind a paywall. To quote:
The full Federal Circuit has denied a bid by Electronic Arts and other gaming companies to rehear its September decision that found McRO Inc. software patents for lip-sync animation technology patent-eligible under Alice, according to an order issued by the appeals court Friday.
In other words, nothing is changing. But again, this is one among perhaps four (just 4!) decisions in the whole year when the Court of Appeals for the Federal Circuit (CAFC) ruled not to invalidate a software patent. What about all the rest? What about all those patents (hundreds if not thousands) that PTAB and the courts invalidated? Shouldn’t the patent microcosm inform clients (and potential clients) of the reality?
Mishcon de Reya, the nasty and malicious firm that the EPO hired to spy on/silence Techrights, has just been quoted in relation to the same CAFC case, courtesy of a relatively new site:
Bandai Namco Games America has been denied an en banc rehearing in its cornerstone software patent case against McRO.
All regular active judges for the US Court of Appeals for the Federal Circuit heard the petition and issued their response at the end of 2016.
Mark Raskin, partner at Mishcon de Reya, who is serving as trial counsel in the case, said: “We’re very excited that the entire Federal Circuit has recognised the technical innovations of our client’s inventions and the California cases will now proceed, hopefully expeditiously.”
The McRO case drew a lot of attention with its interpretation of the landmark Alice v CLS Bank decision.
As we noted before, Mishcon de Reya also works for Microsoft and the EPO. It’s hardly surprising that the firm advocates software patents. Another legal firm — one that the EPO hired to threaten Techrights — promotes the UPC.
There is another new article from a law firms’ platform, covering the Amdocs case (also at CAFC) as follows:
An interesting case came out of the Federal Circuit in Amdocs (Israel) Limited v. Openet Telecom, Inc., No. 2015-1180, 2016 WL 6440387 (Fed. Cir. Nov. 1, 2016) in which the Court reversed the district court’s granting of Openet’s motion for judgment on the pleadings on the basis that the patents were not directed to patent eligible subject matter under § 101. This is significant not for the result but for how the Court arrived at its conclusion. The majority and dissenting opinions offer several important insights: (1) the Court is struggling to find the proper “decisional mechanism” for deciding whether a software patent is directed to patent ineligible subject matter; (2) members of the Court continue to suggest borrowing from other sections of the Patent Act to analyze Section 101; and (3) claim construction can be very effective at staving off dismissal based on patent eligibility.
This ‘news’ is more than two months old. Why aren’t these legal firms covering some of the latest? Probably because it’s not convenient for them. It’s not good for their business. █
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Posted in Deception, Europe, Patents at 4:14 pm by Dr. Roy Schestowitz
The EPO‘s Battistelli has lost his main UPC ally in the UK, Lucy Neville-Rolfe
Summary: The issues associated with the UPC, especially in light of ongoing negotiations of Britain’s exit from the EU, remain too big a barrier to any implementation this year (and probably future years too)
THE UPC was a big topic, more so towards the end of last year, especially because of Lucy’s ludicrous statement about it and then her resignation/firing, culminating in yet more uncertainty and a limbo. SUEPO correctly (if not belatedly) took note of top posts in the patent microcosm’s sites. On IAM it wrote: “IAM blog’s top 20 most-read stories of 2016 (IAM Magazine, 22 December 2016). EPO info can be found at reference points 9, 11, 15 and 16.”
“A lot of the above articles are actually not about the EPO directly but about the UPC, which Battistelli keeps promoting.”On Kluwer Patent Blog (Team UPC) SUEPO wrote: “Brexit and EPO unrest in top ten of most popular posts Kluwer Patent Blog in 2016 (Kluwer Patent Blog, 01 January 2017). EPO info can be found at reference points 1, 3, 5, 7 and 10.”
As we noted here a couple of days ago, IP Watch too shared some statistics and noted that articles about the EPO topped their list. A lot of the above articles are actually not about the EPO directly but about the UPC, which Battistelli keeps promoting. Battistelli lies a lot about the UPC. According to what he told the media in 2015 (his so-called ‘media partners’ even printed these lies), the EPO was in great shape and UPC would have been a done deal and ready to roll last year. We recently wrote the following series which explains why, as long as the UK intends to leave the EU, the UPC is basically stuck or deadlocked. Brexit and UPC are inherently incompatible. Revisit the following:
Towards the end of this series we quoted Dr. Luke McDonagh (University of London’s Law School) quite a lot. He is a UPC sceptic in the sense that he does not believe it can happen and next month he will speak about it, debating with/against the patent microcosm. [via]
“Brexit and UPC are inherently incompatible.”McDonagh is not a patent attorney and he is definitely not part of the patent microcosm, so his input on this subject has been refreshing and valuable. We look forward to his talk and maybe even reports about it (probably not only to be covered by the patent microcosm’s sites). From the description of this event: “At this event Dr Luke McDonagh of The City Law School will launch his new book ‘European Patent Litigation in the Shadow of the Unified Patent Court’ (Edward Elgar, 2016) with a panel discussion on the impact of Brexit on patent litigation in the UK and elsewhere in Europe, with a particular focus on the forthcoming Unified Patent Court and future relations between the UK and EU.”
The book’s description can be found here (first chapter free, as mentioned here before) and to quote from the outline: “Making use of evidence from within the business and legal communities, this book highlights the key issues concerning the new system and examines what the impact of the reforms is likely to be on Europe’s patent litigation system in the near future.”
In its current form, the UPC is in impasse/deadlock. It won’t become a reality unless something quite radical happens. █
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Posted in News Roundup at 3:14 pm by Dr. Roy Schestowitz
Contents
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Well, here it is 2017 and folks are still trotting out the arguments against GNU/Linux they were using fifteen years ago.
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When you see the word Windows capitalized, do you even think about the glass panes that let you see outside your house? How often does the “mac” in macOS make you think of burgers? Once a name gets popular enough, we all collectively disregard how peculiar it is.
Linux isn’t that popular, so it doesn’t get this pass. For those of you unfamiliar with the open source operating system, you don’t install Linux itself — you install one of its many versions, which are known as distributions (“distros”). Many of these distros have odd names.
I’ve put together a list of 15 distros with odd or comical names, in no particular order. Some of them are relatively popular in the Linux world. Others, even if they were mainstream, would still sound downright silly. Tell me if you agree.
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A Reddit user recently started a thread in which they asked which myths and misconceptions about Linux annoy users the most.
The post spawned a lively discussion with points being raised for and against Linux.
The prominent myths raised in the Reddit thread, along with several which have been doing the rounds for a while, are listed below.
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According to one popular NSFW web-site, the 53rd most popular web-site in the world ranked by Alexa, their Linux traffic went up 14% in 2016.
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Desktop
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If you’ve heard the name Pine64 before, it’s most likely in relation to the Pine A64 single-board computer sold by the company as an alternative to the Raspberry Pi$40.99 at Amazon. However, Pine64 is branching out and will launch a couple of extremely cheap laptops next month.
The so-called Pinebook laptop will ship in two forms, both offering the same internal components while one has an 11.6-inch screen and the other a larger 14-inch panel. Inside you’ll find a 64-bit quad-core ARM Cortex A53 processor running at 1.2GHz coupled with 2GB DDR3 RAM. Graphics will be handled by the embedded dual-core Mali 400 MP2 GPU, and storage, as with most cheap laptops, is limited to a 16GB eMMC flash drive. According to OMG!Ubuntu!, power is provided by a 10,000mAh LiPo battery and there will be two USB 2.0 ports, a MicroSD card slot, headphone jack, and mini HDMI out.
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Kernel Space
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I’m announcing the release of the 4.9.1 kernel.
All users of the 4.9 kernel series must upgrade.
The updated 4.9.y git tree can be found at:
git://git.kernel.org/pub/scm/linux/kernel/git/stable/linux-stable.git linux-4.9.y
and can be browsed at the normal kernel.org git web browser:
http://git.kernel.org/?p=linux/kernel/git/stable/linux-st…
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Jerome Glisse of Red Hat has published his first set of Heterogeneous Memory Management (HMM) revisions for 2017.
This long-in-development work for the Linux kernel to implement Heterogeneous Memory Management allows device memory to be used inside any process transparently and without modification. The HMM patches also allow mirring a process address space on a device. NVIDIA is one of the vendors working on support for their binary NVIDIA Linux driver and Nouveau open-source to make use of HMM with their latest GPUs.
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The Linux Foundation-based open source group Open-O snares VMware as “premier” member joining the likes of China Mobile, Huawei.
The Open-O Project recently welcomed new member VMware to the open source organization hosted by The Linux Foundation.
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Yes, we had util-linux before (and many thanks to Adrian Bunk and Andries E. Brouwer), but I believe that with git and close collaboration between Linux distributions and Linux kernel community it better now
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Graphics Stack
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I’m in the process of testing a lot of my different CPUs/APUs in preparation for some Kaby Lake Linux benchmarks next week with the Core i5 7600K and Core i7 7700K. Along the way with the different CPU benchmarks I’ve also been running some fresh integrated Linux graphics tests on the newer and interesting hardware.
The integrated graphics tests are still early on and will have much more data when the weekend is through. But so far with numbers from an AMD A10-7850K “Kaveri” APU compared to Skylake-based Core i5 6500 and Core i5 6600K, those numbers alone were interested so I figured I’d share those early numbers this morning.
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As mentioned earlier when posting some fresh AMD Kaveri vs. Intel Linux graphics benchmarks, I have some fresh AMD A10-7850K “Kaveri” APU numbers with running the latest Ubuntu 16.10 + Linux 4.10 + Mesa 13.1-dev stack on many of my benchmarking systems in the basement server room. With having an A10-7850K Kaveri system running with the latest Linux open-source driver code, I figured I’d compare it to some of my older Kaveri results.
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Following these initial results in this article are some more numbers going back further to then look at the Ubuntu 14.10 and fglrx 14.20/14.50 performance. All of these OpenGL benchmarks were done in a fully-automated manner using the open-source Phoronix Test Suite benchmarking software.
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The work to run Linux on the PlayStation 4 continues to advance and previously we reported on those behind it managing to exploit the Radeon graphics found on the AMD APU powering the PS4. The latest milestone is they now have Vulkan running on the PS4.
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With Marek’s latest set of RadeonSI Gallium3D patches, which are said to improve the Deus Ex: Mankind Divided performance by around 70%, having landed in Mesa Git, here are some fresh benchmarks with a Radeon RX 480 and R9 Fury.
The “before” results were from the Christmas-timed 31-Way NVIDIA GeForce / AMD Radeon Linux OpenGL Comparison – End-Of-Year 2016 and then the “new” results are using Linux 4.10 and Mesa 13.1-dev Git as of today. The RX 480 and R9 Fury were used for benchmarking.
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With Marek’s optimizations having landed in Mesa Git that targeted Deus Ex: Mankind Divided, I ran benchmarks and found Deus Ex: MD is generally much faster and can be 2~3x faster, much more than the 70% originally thought by Marek. Now that more time has passed, I have carried out some more Linux gaming tests.
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AMD is looking to land initial support for upcoming “Polaris 12″ graphics processors into the in-development Linux 4.10 kernel.
AMD published initial Polaris 12 open-source Linux driver support back in December. This new revision of Polaris is expected to be for lower-end GPUs while waiting for Vega on the high-end. Details on Polaris 12 remain scarce. But in terms of the Linux driver support, it’s basically adding in the new PCI IDs and sharing the existing code-paths with Polaris 10/11.
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It appears Valve Linux developers are doing a bit more tinkering with the RADV Radeon Vulkan driver.
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Applications
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Corebird, the GTK+ desktop Twitter app for Linux, has been updated. The app made our list of must-have apps for Ubuntu — and it’s easy to see why. It’s a well made, well designed app, and offers all the features Twitter users need, but inside a native desktop frame with tight system integration.
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Proprietary
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You’ve got plenty of choices for app launchers, but if you don’t mind getting your hands messy and adding your own features, Zazu is an app that’s worth a look.
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Instructionals/Technical
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Tor is a free software that helps to many users to keep their privacy safe on the Internet. When you are surfing the web, your privacy is very weak and your data are vulnerable. It is because many websites get data from you using cookies or scripts (javascript).
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Wine or Emulation
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The Wine development release 2.0-rc4 is now available.
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It fixes some Halo: Combat Evolved graphical glitches, fixes some performance issues with Heroes of Might and Magic IV, fixes issues with running The Sims 3 in a window and more.
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Wine 2.0-rc4 fixes 28 known bugs, including some issues with SWAT 4, .NET 4.0 applications, Halo, Heroes of Might & Magic VI, and various other applications. Overall, the changes aren’t too interesting though with Wine 2.0 having been in its code freeze now for over the past month. The list of changes can be found via WineHQ.org.
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Games
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I assume the Linux/SteamOS beta came and went, as I didn’t get a key to it, so it’s pleasing I can at least test this out.
At the time of writing 4250 keys are left, so act fast.
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It released late last month with day-1 Linux support.
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For those that have been looking forward to running Deus Ex: Mankind Divided on Linux with the RadeonSI Gallium3D driver, you’ll want to fire up Mesa Git.
The work covered previously about RadeonSI Patches Boost Deus Ex: MD Performance By ~70%, have now landed in Mesa Git. The SDMA changes to RadeonSI landed in Mesa Git yesterday, making room for much better performance with this newer Linux game port by Feral Interactive. But even a 70% improvement will likely still leave RadeonSI much slower than the NVIDIA Linux driver stack, so hopefully Marek has some more patches he’s working on for better optimizing this demanding game.
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It was 12 patches in total and all of them were reviewed and accepted into Mesa. You can follow the Mesa git log quite easily here.
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I’ve been playing Albion Online [Official Site] on and off since November 2015 and since then it has evolved into something much bigger.
Note: Albion Online is in beta and it will have a player-wipe just before the final release. Only purchase it if you’re okay with that. The final wipe doesn’t have a specific date yet, other than “Q1 2017”.
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Desktop Environments/WMs
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K Desktop Environment/KDE SC/Qt
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The latest updates for KDE’s Plasma and Applications series are now available to all Chakra users, together with other important package upgrades.
Plasma 5.8.5 provides another round of bugfixes and translation to the 5.8 release, with changes found mostly in the plasma-desktop, plasma-workspace and kscreen packages.
Applications 16.12.0 is the first release of a new series and comes with several changes. kdelibs has been updated to 4.14.27.
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GNOME Desktop/GTK
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If you have ever wanted weather updates on your Desktop, one of the easiest and neatest ways with the OpenWeather GNOME Shell extension. This nifty extension provides an always-visible display of the current weather status and temperature in the top bar of Fedora Workstation. If you open up the weather status monitor, it will also provide you with more details on the current weather, including a forcast for upcoming days, wind, humidity, atmospheric pressure, and sunrise & sunset times for the current location.
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The new year is upon us, and it’s time to look toward what the next 365 days have in store. As we are wont to do, Linux.com looks at what might well be the best Linux distributions to be found from the ever-expanding crop of possibilities.
Of course, we cannot just create a list of operating systems and say “these are the best,” not when so often Linux can be very task-oriented. To that end, I’m going to list which distros will rise to the top of their respective heaps…according to task.
With that said, let’s get to the list!
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PCLinuxOS/Mageia/Mandriva Family
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I was truly feeling like giving up on getting the Epson XP 231 to scan properly on Mageia. I tried pretty much everything, even Megatotoro’s solution, to no avail.
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Red Hat Family
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Red Hat is updating its CloudForms hybrid cloud management platform with the new 4.2 release, providing users with enhanced capabilities. CloudForms enables organization to manage multiple types of cloud deployments including private and public clouds, as well as container-based platforms.
The CloudForms 4.2 release is based on the open-source ManageIQ Euwe release that debuted in December. Another difference between ManageIQ and CloudForms is the software lifecycle.
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One of the issues most IT organizations find themselves wrestling with is a need to master a wide variety of different tools to manage multiple aspects of the IT environment. Red Hat, for some time now, has been making the case for rationalizing all those tools via Red Hat CloudForms, a suite of management tools that IT organizations can use to manage disparate IT infrastructure.
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Finance
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Fedora
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I have started Linux classes at University as a professor this 2017! and the course is a review of the GNU/Linux story, followed by the installation and the use of commands to manage the terminal. At the end of the course, some services are also set to prepare students into the IT Infrastructure world.
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I use Fedora rawhide on my laptop, which is my primary client machine. I don’t have a desk and desktop and monitors, just the laptop and a comfy chair. At home I have two dell CS24 servers (one is a test instance and has all my test instances for Fedora maintainers on it, the other is my ‘production’ server and is the firewall and hosts the primary server vm that handles all my email and other services for scrye.com). I have various small arm devices, some of which are on and some of which are off at any given time.
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Debian Family
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The soft freeze is now upon us for Debian 9.0 “Stretch” while the full freeze will happen in February.
The soft-freeze means that no new source packages will enter Stretch. The full freeze will then happen on 5 February, after which point all changes will require approval to land.
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Two years ago, I bought myself a new fancy motherboard (a Asus B85M-G C2) with a new fancy Intel-based processor with built-in graphics (an Intel Core i7-4770) and memory to go with it. I installed it in the place of my old AMD-based motherboard, keeping everything else (my hoard of hard drives and such) excepted the graphics card, which was not needed anymore. I immediately noticed my eyes were aching when using the computer. I was quite surprised since I had been using the screen very heavily for almost 10 years before that, without any problems. I attributed that to Intel Graphics, so I tried putting back the old graphics card, but it did not help. The situation was very frustrating, since working on the computer for an hour or so was making my eyes hurt for several days. This problem was specific to this computer, I could keep on using my computer at work and my laptop without problems.
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Let me just say that I was a Debian user for years when I discovered it is taking part in Outreachy as one of organisations. Their Reproducible Builds effort has a noble goal and a bunch of great people behind it – I had no chances not to get excited by it. Looking for a place where my skills could be of any use, I discovered diffoscope – the tool for in-depth comparassion of files, archives etc. My mentor, Mattia Rizzolo, supported my decision to work on it, so now I am concentrating my efforts on improving diffoscope.
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Derivatives
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Canonical/Ubuntu
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Flavours and Variants
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Clement Lefebvre today announced a beta release of Mint 18.1 Xfce with updated software, refinements, and “many new features.” MakeUseOf chuckled at some of the crazy names folks pin on Linux distributions and Jan Vermeulen picked up on a Reddit conversation discussing Linux myths that “need to die.” Elsewhere in Linux news, Bruce Byfield compared and contrasted Debian and Ubuntu while Mark Shuttleworth discussed Snappy vs. Flatpak.
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This is the BETA release for Linux Mint 18.1 “Serena” Xfce Edition.
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Intel
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Intel revealed dozens of 7th Gen “Kaby Lake” CPUs and four Kaby Lake NUC mini-PCs — but benchmarks show only minor boosts over Skylake.
After quietly unveiling some of the lower powered U-series 7th Generation Kaby Lake processors in September, Intel this week rolled out the full line of dozens of Linux-friendly Kaby Lake processors at the CES show in Las Vegas. The product line includes dual-core Y-series parts for 2-and-1s and compute sticks that run at a low 4.5W TDP, as well as more dual-core U-series models with 15W and 28W TDPs. The previously revealed U-series chips re already being tapped by Congatec’s Conga TC175 and MSC’s MSC C6C-KLU COM Express Compact modules.
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Like the three other new NUCs, the NUC7i7BNH supports Windows 10 and “various Linux distros.”
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It’s been a good week for users of older Intel Haswell graphics on Linux: beyond landing FP64 support and then exposing OpenGL 4.0 support, this older generation of Intel graphics now has a couple more OpenGL ES 3.2 extensions.
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Phones
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Lets explore the world’s mobile phone handset population today. I just released the newest edition of the TomiAhonen Phone Book 2016 statistical volume exactly one week ago. This is the sister volume to my popular TomiAhonen Almanac series that comes out every year around February. Where my Almanac looks at the total 1.7 Trillion-dollar sized mobile industry including its mobile services, the Phone Book focuses only on the 380 Billion dollar sized handset market, as a slice of the total mobile industry. Both ebooks have about 100 charts and tables with about 30% overlap but the Phone Book obviously gives its full attention to the handsets side. In the Almanac the handsets only get one chapter.
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Tizen
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Hey Tizen Developers, Tizen SCM Tools and Tizen SCM Services packages have been updated and released to version 17.01. The package versions have been updated to gbs 0.24.4, Mic 0.27.3 and Repa 0.4.
The majort release changes are that gbs 0.24.4 has many bug fixes as well introducing a new enable kvm build function and other enhancements. MIC Image creator 0.27.3 now supports vdfs and squashfs image creation.
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Android
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I can pinpoint the exact moment I realised buying an iPhone 7 Plus was a mistake: When I tried to interview a London venture capitalist over the phone.
Apple has rigged the iPhone so that you cannot record a phone call. It is not illegal to tape phone calls, especially if you disclose to the other person that your call is being recorded. And phones have had call-recording functions on them for more than a decade. But for some reason Apple just does not allow call-taping to happen on the iPhone.
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Android Wear has made its way to quite a few styles of smartwatches, but few have been as, striking as those from Casio. The Casio WSD-F10 rugged smartwatch certainly turned heads at last year’s CES and for 2017, Casio has refreshed that watch with a few key additions.
First and foremost, Casio has somehow made the biggest Android Wear smartwatch on the market even bigger. The difference isn’t huge, but this watch is noticeably huge on the wrist, even compared to the already large Samsung Gear S3 (as shown below).
Filling in that extra space is an altimeter, barometer, and GPS which were all absent from last year’s model. Thankfully, during my brief try-on I found the watch is slightly thinner compared to the previous model which makes it a bit less insane and more comfortable on the wrist.
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When it comes to virtual reality, Google has been very active in getting cheap devices into people’s hands, thanks to Google Cardboard, and even supplying them with plenty of content to view, through YouTube.
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Wearable maker Misfit is finally jumping into the smartwatch game.
The company, which was acquired by watchmaker Fossil in 2015, introduced its new Vapor smartwatch, which will be the company’s first wearable to have a touchscreen.
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Google has talked about bringing its AI assistant to as many places as possible ever since it was first revealed at the company’s I/O developer conference back in May. Right now, it’s in the Pixel smartphone, Google Home device and the Allo chat app. Today, Google announced that its next destination will be Android TV devices, including the new NVIDIA Shield (as NVIDIA just confirmed at its CES press conference).
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Meet Blitab, an Android tablet combined with a smart Braille surface. It’s one of the most affordable Braille devices out there and could change the way visually impaired people use computing devices. The company is participating in TechCrunch’s Hardware Battlefield at CES.
The devices for this niche market are really disappointing. There are specialized devices called Braille notetakers that are clunky, not that powerful and cost up to $5,000. They even run an outdated version of Windows CE. These might be fine, as some health insurance companies will help you pay for these devices. But what if you live in a country without proper health insurance to pay for such a device? That’s where Blitab shines; it’s only going to cost $500.
In addition to being a cheaper version of an existing product, it’s a much more useful device. At heart, it’s an Android tablet, so it has Wi-Fi and Bluetooth and can run all sorts of Android apps. It also supports all the cool accessibility features in Android, such as voice over.
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Nvidia’s Shield set-top streaming device got an update at this year’s CES, and it was a big one: The new hardware is 40 percent smaller than the original, with a new Android 7.0 Nougat-based operating system and a redesigned UI that groups games together and just generally organizes things a bit more logically. It also handles 4K HDR content streaming, and boasts the most sources available for such content of any set-top streaming device currently available.
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Panasonic, Qualcomm, and Google are working together to create an Android-based in-vehicle infotainment (IVI) system, the former has announced at CES 2017. It will be based on the latest version of Android, v7.0 Nougat, and use Qualcomm’s Snapdragon 820Am processor.
Before you get confused, this is entirely different from Android Auto, which projects an optimised version of your smartphone’s UI onto your car’s dashboard. It’s better to think of this as an Android-based car platform, which Google talked about during its I/O event last year. That means it enables all the functions of a car, while providing drivers with “a unified experience across an automaker’s entire vehicle lineup”.
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It looks like ZTE wants to broaden its horizons a little. In an interview with CNET, Lixin Cheng, ZTE USA CEO, mentioned that the company is in the final stages of developing an Android Wear device — and it even has a carrier lined up in the U.S.
So why would the company need a carrier for the watch? Well, when it launches later this year, it will be one of the few that has its own LTE connection, and it will be able to run completely independently of your smartphone.
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In 2015, I found myself becoming a very independent smart-watch reviewer. Due to some lucky conditions, I ended up with a free LG Watch Urbane. It was very snazzy, but I just didn’t get the point of smartwatches. One day in 2016, I forgot to put it on. From then on I realized that smartwatches were just a fad (for me at least), and this was a device I could experiment with.
How can I experiment with a smartwatch? Having tried (and failed) to run Ubuntu on another device (nexus 9), the obvious answer was to install GNU/Linux on it! It is an amazing piece of hardware with a stunning circular touch screen. Since I know how to write apps for GNU/Linux (it even runs a web browser!), I was excited by the possibilities.
Then I found Asteroid OS:
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Small businesses are always looking for ways to save time and cut the operating costs of their business. One way to do this is by using open source software (OSS) to run their business.
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Networked data traffic will only grow moving forward, said Linux Foundation Executive Director Jim Zemlin, and making ECOMP open-source will allow the network to adjust.
For many of those giants looking to modernize, open source has been the answer, as it allows for flexibility and a vast trove of material to draw from.
Other legacy companies like GM and GE have also been working hard to reinvent themselves for the digital age, recognizing that they must evolve or face potential extinction. GE CEO Jeff Immelt wants to make GE a leading software company by 2020, while General Motors CEO Mary Barra is working to shift that company to become more of a tech innovator and incubator.
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Open source refers to the ability to access and modify source code, develop derived works, and sell or distribute software. Open source does not imply free of charge. In the context of telecom networks, open source builds on Network Function Virtualisation (NFV). While open source refers traditionally to software, it can apply to hardware in which case a reference design is shared in an open community. The construct of open source leads to collaborative communities, and a product development philosophy that is based on a relatively fast iterative process. This contrasts with the relatively slow ‘waterfall’ process used in the development of telecom network equipment and services.
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The Hyperledger Project, a cross-industry collaborative effort to study, develop and implement open-source blockchain solutions and standards has set up a working group as an extended arm in China.
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Here it is: 2017. As the year gets going, the cloud computing and Big Data scenes are absolutely flooded with talk of shortages in people with deployment and management expertise. There just are not enough skilled workers to go around. The OpenStack Foundation, the Cloud Native Computing Foundation and other organizations are now taking some important steps to address the situation.
Here are some of the best ways to start the new year by getting certified for the open source cloud and Big Data tools that are makng a difference.
As part of its efforts to grow the OpenStack talent pool and global community, the OpenStack Foundation has announced professional certification programs that are meant to provide a baseline assessment of knowledge and be accessible to OpenStack professionals around the world. Some of the first steps in advancing the program are taking place now, and Red Hat is also advancing OpenStack certification plans..
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Wednesday’s announcement establishes the SmartDeviceLink Consortium, a non-profit group that will manage the open source software in SmartDeviceLink. Ford’s AppLink, a part of Ford Sync, is the underlying software in SmartDeviceLink. Ford deeded AppLink to the open source community in 2013. The idea is individual automakers can then build their own center stack display interfaces that look and feel different, while still retaining the voice and instrument panel controls already created by SDL. Right now, Apple CarPlay looks about the same on a $25,000 Chevrolet Cruze (image above) and a $60,000 Audi, to the annoyance of all automakers.
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How many times have you wished you had a quick access to a collaboration tool in the palm of your hands? And how many times have you wished that same tool could not only reach out to a team of your choosing, but to a community of similar users?
Such is the way of Riot. This particular open source take on collaboration (available on Android, iOS, Mac, Windows, and Linux) makes working with others on ideas and issues as easy as possible. Not only can you join the myriad available rooms, you can create your own rooms and make them either public or private. Riot even allows for room encryption, to ensure security.
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In this edition of our open source news roundup, we take a look at Cyanogen Inc. pulling the plug on CyanogenMod, Toyota and Ford forming the SmartDeviceLink Consortium, and more.
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For those interested in the BeOS-inspired Haiku open-source operating system, they have issued their latest monthly progress report to end out 2016.
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Events
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I recently presented those learnings at ApacheCon, and in this article I’ll share my top four lessons for overcoming both the technical and product chasms that stand in your path.
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Freedom, Friends, Features, First. The theme of this years LinuxFest NorthWest is ‘The Mechanics of Freedom’.
Artificial Intelligence and the Internet of Things are becoming even more integrated in the lives of regular citizens. Along with these changes comes concern over the trade-offs between convenience and privacy. For example: Privacy in the age of relentless online tracking, How bots can help you onboard new community members, Training driverless vehicles, How the Internet of Things took down DNS.
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Web Browsers
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At the start of 2016, Microsoft’s Internet Explorer was still the most commonly used browser on the Web; it finished 2015 being used by about 46 percent of Web users, with 32 percent preferring Chrome, and 12 percent using Firefox. But Explorer’s days have been numbered ever since Microsoft essentially ended its development. While the venerable browser is still supported and still gets security updates, its features and standard support have been frozen since 2015. Instead, Microsoft shifted active development to Edge, its new browser. While Edge is faster, more secure, and boasts much better support for Web standards, it’s only available for Windows 10, which greatly limits its audience.
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CMS
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Late last year, Datamation came out with an extensive evaluation of which open source content management systems (CMS) really stand out, which is a topic near and dear to us here at OStatic. Our site runs on Drupal, which is an open source platform that powers many sites around the web, but there are key differences between CMS offerings, and if you’re looking for the right solution, we have some good resources for you.
The Datamation story provides a nice overview of the open CMS space, but here are some of our newly updated, favorite ways to go about evaluating which is the right CMS for you.
Marking a true renaissance for tools that can help anyone run a top-notch website or manage content in the cloud, open source content management systems (CMS) have come of age. You’re probably familiar with some of the big names in this arena, including Drupal (which Ostatic is based on) and Joomla. As we noted in this post, selecting a CMS to build around can be a complicated process, since the publishing tools provided are hardly the only issue.
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Microsoft Cuts
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Microsoft said in a statement that no layoffs will occur as a direct result of the reorganization, which is being announced internally today. Microsoft added that “like all companies, Microsoft reviews its resources and investments on an ongoing basis.”
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A few months ago, Microsoft announced that it was shuttering its TechRewards program in 2017. The project, that was originally started by Nokia under the name DVLUP rewards program, aimed to reward developers with badges, XP, gift cards and other prizes for developing or incorporating new features in their apps. When Microsoft acquired Nokia’s devices and services division back in 2014, the program was rebranded to Microsoft TechRewards.
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FSF/FSFE/GNU/SFLC
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FSF and GNU decide to grant Libreboot lead developer Leah Rowe’s wishes. The project is no longer a part of GNU says RMS.
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Openness/Sharing/Collaboration
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Open Hardware/Modding
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SiFive has also released an Arduino based software development board called HiFive1, along with the FE310 chip. In addition to that, the company has also released the RTL (register-transfer level) code for FE310 under an open source license that will allow chip designers to customize their own SoC on top of the base FE310.
I talked with Jack Kang, VP of Product and Business Development at SiFive, to understand the chip’s impact on IoT world.
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The new vehicle POM, based on Renault’s popular Twizy, will be available to start-ups, independent laboratories, private customers and researchers, allowing them to customise the software and driving experience.
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Programming/Development
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It took a bit of time to comb through the data, but there are some killer insights in here. To piece this list together, we aggregated usage from 40K+ tech stacks, over a million unique visits, and thousands of developer comments, reviews, and votes across all of 2016 (more on methodology below). Through it, we found some of the top tech trends coming into 2017 and what should be on your bucket list. Let’s get started!
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During his keynote at Node.js Interactive in November, Rod Vagg, Technical Steering Committee Director at the Node.js Foundation talked about the progress that the project made during 2016.
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By all metrics, it has been a good year for Node.js. During his keynote at Node.js Interactive in November, Rod Vagg, Technical Steering Committee Director at the Node.js Foundation talked about the progress that the project made during 2016.
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Big news: RcppTOML now works on Windows too!
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Science
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Cuts to universities and state-funded research centres are contributing to growing brain drain from Finland and increasing unemployment among the highly educated, says Petri Koikkalainen, the head of the Finnish Union of University Researchers and Teachers.
The incidence of highly-educated people moving abroad has increased by one-third in the last few years, while the increase in the number of researchers leaving Finland behind is only slightly behind this percentage. According to Statistics Finland, 2,223 individuals with top academic degrees moved abroad in 2016.
This brain drain has grown steadily since 2011, the researcher and teacher’s union president Koikkalainen said in a Radio Suomi interview on January 5.
“The problem is not that people are moving abroad from Finland; the problem is that they never come back. We can’t attract highly-educated international experts to Finland, either,” Koikkalainen said.
“There’s no use debating whether the shrinking university resources are contributing to the growing brain drain. At this point, we should just concede the obvious.”
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Health/Nutrition
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The thick haze of pollution blanketing northern China this winter is a grim reminder of the nation’s new growth industry: lung cancer drugs.
China logged more than 700,000 new cases of the disease in 2015, the product of a surge in air pollution, high smoking rates and unhealthy lifestyles as China has prospered in recent decades. Lung cancer is now the most common type of cancer in the country and its spread has spawned new listings as well as billion-dollar market values for Chinese companies like Betta Pharmaceuticals Co. and Hutchison China MediTech Ltd., which are attempting to build blockbuster treatments.
Zhejiang, Hangzhou-based Betta Pharma, which sells just one lung cancer drug called Conmana, shot up to as much as $5.6 billion in market value late last year after raising about $110 million in a public offering on the Shenzhen exchange in November. Hutchison China MediTech, whose pipeline of experimental therapies is also heavily focused on lung cancer, also attracted $110 million in a new listing on the Nasdaq in March.
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In a tiny workshop at his home in the Tai Po district of Hong Kong, 84-year-old Au Yue-Shung shows me an ivory carving he has been working on for months. Measuring just 5×10 inches, Nine Sages in Mount Xiang depicts the 9th-century poet Bai Juyi and eight of his peers in full creative flow in Henan province, far from the imperial court that Bai once served. The point of the story is that the sages tried to maintain their integrity by staying close to nature and art, and away from the ugly politics of the time. This is a piece that Au created for himself rather than a client. It is his statement about life after going through many ups and downs.
Born during the Japanese occupation of China in the 1930s, Au joined Guangzhou’s Daxin ivory carving factory at the age of 13 as an apprentice. With only one year’s formal education and with no one caring to teach him, he taught himself drawing and carving in his spare time. Unable to afford drawing paper, he drew on toilet paper. His gift was soon recognised and by the late 1960s he had become a key carving artist at Daxin. Later, at the height of the Cultural Revolution, he decided that he had had enough of the political and artistic repression.
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How many more insults can the state lob at the city of Flint?
The latest came this week when the state Michigan Department of Environmental Quality tried to sneak through an invitation-only town hall meeting on the condition of Flint water.
In a city where no one can safely drink the water without a filter, the state apparently thought it was perfectly acceptable to hold a public session with a handpicked selection of people.
A city spokeswoman said the state dropped the invite-only rule Tuesday, Jan. 3, at Flint Mayor Karen Weaver’s urging after city and state officials were asked about the program by MLive-The Flint Journal.
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The last 12 months have been the worst in the history of the NHS. Our health system is under pressure like never before. The moment of crisis many warned of has arrived, and it is not clear that the NHS can be retrieved from this state of affairs.
We used to say that flailing A&Es represented an early warning sign that the health service was under pressure. And so that has proven to be. England’s major A&Es are under record strain with black alerts being regularly sounded, and in some instances wards turning patients away. Last year the A&E crisis spread to other sectors.
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We’re calling it The Breakthrough. We’re kicking things off today with two ProPublica reporters, Ryan Gabrielson and Topher Sanders, talking about how they discovered police departments nationwide use a $2 test for detecting drugs that can send innocent people to jail.
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Security
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We’ve seen lots of companies (and prosecutors) go after researchers and hobbyists who have exposed security holes in websites and software. Rather than simply fix the problem and alert those who might be affected, too many see fit to shoot the messenger as well.
We’ve also seen some disturbing over-prosecution of less well-intentioned hackers, presumably meant to act as a deterrent toward others who might feel like taking a poke at a company’s firewall. This tends to result in sentences completely divorced from the reality of the situation. So, it’s somewhat refreshing to see law enforcement officials handle a hacking case in a much more proactively positive way. (via the Office of Inadequate Security)
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Disk-wiping malware known as KillDisk, which has previously been used in hack attacks tied to espionage operations, has been given an update. Now, the malware works on Linux as well as Windows systems and also includes the ability to encrypt files, demand a bitcoin ransom and leave Linux systems unbootable.
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Defence/Aggression
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The FBI may have been forced into a misstep when investigating whether Russia hacked the Democratic National Committee — the agency never directly examined the DNC servers that were breached.
Instead, the FBI had to rely on forensic evidence provided by third-party cybersecurity firm CrowdStrike, which the DNC hired to mitigate the breach.
“The FBI repeatedly stressed to DNC officials the necessity of obtaining direct access to servers and data, only to be rebuffed,” the agency said on Thursday in a statement.
[...]
CrowdStrike didn’t immediately respond to a request for comment. But it wasn’t the only private security firm to examine the breach. Fidelis Cybersecurity was brought in to look at the malware samples, and concluded that suspected elite Russian hackers were behind the intrusion.
Nevertheless, the FBI should have conducted its own review of the hacked servers, Bambenek said. “This is a highly political case, and perception matters,” he said. “In this situation, they need to be building credibility.”
Critics might now question if the FBI missed pieces of evidence in its investigation or if U.S. intelligence agencies rushed to blame Russia for the hack.
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As many as five people may have been killed and eight people wounded following a shooting by a reported lone gunman at the Fort Lauderdale/Hollywood Airport on Friday afternoon, according to law enforcement authorities, social media, and local and national media reports.
The suspected gunman, who has not been identified, is in custody, according to the Broward Sheriff’s Office. It confirmed via Twitter that “multiple people are dead” and that “eight people were injured and transported to an area hospital.”
BSO officials said they received a call around 12:55 p.m. about shots fired at the airport. Airport officials tweeted that “there is an ongoing incident in Terminal 2, Baggage Claim,” but gave no other details.
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And then there’s the photo of him making that one-fingered salute that’s the sign of the tawhid — “the absolute unity of the godhead.”
If we actually had real security — security that was meaningful in any way — the guy wouldn’t be running around with a gun…checking his gun in at the airport, no less.
So, we have this expensive, huge bureaucracy, and people being put on the no-fly list because they have the same name as some terrorist, but nobody thinks to put any little notiepoo in the TSA files about a guy who’s reportedly hearing voices from ISIS?
Think about that, the next time some repurposed mall food court worker is (screw probable cause!) batting at your balls or sticking her hand up your hoohoo.
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The U.S. State Department confirmed on January 5 that the man the U.S. government once claimed was the target of the drone strike that killed American teenager Abdulrahman Awlaki in 2011 in Yemen is alive. The department announced that it has designated Ibrahim al Banna “a Specially Designated Global Terrorist (SDGT) under Executive Order (E.O.) 13224.” The U.S. is offering a $5 million reward for information leading to al Banna’s killing or capture.
Al Banna’s name was floated by anonymous U.S. officials as the target of the October 14, 2011, drone strike that killed Awlaki, a 16-year-old U.S. citizen born in Colorado. Awlaki’s family insists he was having dinner with his teenage cousin and some others in Shebwah, Yemen, when they were killed in the strike. The Obama administration has never explained why Awlaki was killed, other than anonymous officials implying he was with a terror target at the time or that it was a lethal mistake. Awlaki’s estranged father, Anwar al Awlaki, was a radical pro-al Qaeda imam whose sermons influenced and inspired many terrorists in the English speaking world. The elder Awlaki, who was also a U.S. citizen, was an enigmatic figure who supported George W. Bush’s 2000 election campaign, spoke at the Pentagon shortly after 9-11, and went on to become an important propaganda figure for the growing radical Islamist movement after the invasions of Afghanistan and Iraq. He was killed in a U.S. drone strike two weeks before his son was killed.
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Transparency/Investigative Reporting
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“We’re in the business of publishing information about power,” Assange said. “Why are we in the business of publishing information about power? Because people can do things with power, they can do very bad things with power. If they’re incompetent, they can do dangerous things. If they’re evil, they can do wicked things.”
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CNBC Chief Washington Correspondent John Harwood, whose cosy relationship with the Clinton campaign was exposed in the Podesta Leaks, asked which source Americans believe regarding the hacking of the Democratic National Committee – WikiLeaks or US Intelligence.
The Twitter poll comes as President-elect Donald Trump’s refusal to accept US Intelligence reports that claim Russia is behind the DNC hacking escalated tensions between the incoming and outgoing White House administrations.
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If a report from the United States intelligence community is to be believed and WikiLeaks knows the Kremlin used their organization to undermine a United States election, then the U.S. government and press bear some responsibility for the organization’s lack of concern about it.
The U.S. government launched a grand jury investigation into the media organization and held the grand jury’s first session in 2011. According to a “Manhunting Timeline,” it encouraged Australia, the United Kingdom, Germany, and other countries to file criminal charges against the organization’s editor-in-chief, Julian Assange.
WikiLeaks’ most prominent and arguably important source in the organization’s history, Chelsea Manning, was abused by the Marines in pretrial confinement and zealously prosecuted by the U.S. military as if she were a spy, who aided al Qaida terrorists. She was sentenced to 35 years in prison for Espionage Act-related offenses. Her disclosures were motivated by whistleblowing and yet, as her legal team argues, she received “far and away the most severe sentence ever adjudged.”
For the most part, U.S. establishment media outlets went along with the U.S. government’s commitment to criminalizing and isolating WikiLeaks. Even with the revelation of Google search warrants against WikiLeaks staff, editorial boards and journalists remained largely silent about an investigation that could have profound implications for freedom of the press, particularly now that someone like Trump will be president for the next four years.
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Environment/Energy/Wildlife/Nature
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London has breached its annual air pollution limits just five days into 2017, a “shameful reminder of the severity of London’s air pollution”, according to campaigners.
By law, hourly levels of toxic nitrogen dioxide must not be more than 200 micrograms per cubic metre (µg/m3) more than 18 times in a whole year, but late on Thursday this limit was broken on Brixton Road in Lambeth.
Many other sites across the capital will go on to break the annual limit and Putney High Street exceeded the hourly limit over 1,200 times in 2016. Oxford Street, Kings Road in Chelsea and the Strand are other known pollution hotspots.
NO2 pollution, which is produced largely by diesel vehicles, causes 9,500 early deaths every year in London. Most air quality zones across the country break legal limits and the crisis was called a “public health emergency” by MPs in April. This week scientists said that one in 10 cases of Alzheimer’s in people living near busy roads could be linked to air pollution.
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Yesterday, the US Energy Information Administration released its energy outlook for 2017. These annual reports provide projections of current energy trends out to 2040, and they provide policymakers with a sense of where the country could be decades from now, should things continue as they have been.
Anyone who’s up on current trends wouldn’t be surprised by many of the EIA’s results. With coal’s continued decline, natural gas becomes the dominant source of energy in the US, followed by renewable generation. Most of the scenarios the report considers see the continued growth in US energy production far outstripping a sluggish growth in demand. This pattern will transform the country into a net exporter of energy by the 2030s.
But EIA reports are notoriously conservative in their projections, and this can lead to completely unrealistic results. In the past, for example, the EIA’s projections didn’t foresee the radical drop in photovoltaic prices, and so the organization had solar playing little role in US energy markets. This year’s version is no exception, as it suggests installation of wind power in the US will essentially stop once tax incentives run out in the early 2020s.
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A thread of just 20km of ice is now preventing the 5,000 sq km mass from floating away, following the sudden expansion last month of a rift that has been steadily growing for more than a decade.
The iceberg, which is positioned on the most northern major ice shelf in Antarctica, known as Larsen C, is predicted to be one of the largest 10 break-offs ever recorded.
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There are certain products that everyone knows are directly destructive to wildlife. As such, most people and countries around the world generally try to avoid them. Using ivory for trinkets causes elephant slaughter; eating shark fins—you guessed it—is not good for sharks. But those are easy to give up, because a.) we don’t need any of them, and b.) they very blatantly come from certain wild animals.
Much of the things we use in daily life, however, from iPhones, to jeans, to Ikea furniture, also have negative impacts on endangered wildlife around the globe. But how can you tell? In an attempt to answer that question, scientists from Norway and Japan used a global trade model to trace consumer demands around the world to threats on endangered wildlife. They’ve created a series of maps based on their findings that show the threat “hotspots” around the world and what countries are endangering them. The rationale is that if you know where in the supply chain you’re doing the most damage, you can take steps to alleviate it. Their findings are published in the journal Nature Ecology and Evolution.
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The Yaqui community is less that pleased about the Agua Prieta pipeline’s projected route, which goes straight through their territory. Things went from bad to worse on October 21, when the pipeline’s supporters attacked a group of protesters, killing one, wounding eight, and causing substantial property damage.
The Yaqui tribe, which has endured a long history of repression, has also a history of resistance. Like other indigenous communities in Mexico, several members of the Yaqui tribe have lost their lives fighting against invasive private companies and non-indigenous authorities. Just two years ago, before the conflict over the Agua Prieta pipeline, the Yaquis protested against a large-scale aqueduct that would have diverted what was left of their sacred river to the city of Hermosillo.
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The world’s biggest oil conglomerate says it expects global energy demand to increase by a quarter in the next 23 years.
ExxonMobil is the largest of the world’s big oil companies, the supermajors. Up to the end of 2016, Rex Tillerson, who has been nominated by US President-elect Donald Trump as his Secretary of State, was Exxon’s chairman and CEO.
In this year’s annual Outlook for Energy, a look-ahead to 2040, Exxon says: “Over the next 25 years, growing economies and an expanding middle class will mean better living standards for billions, through increased access to better education and health care as well as new homes, appliances and cars. This means the world will need more energy, even with significant efficiency gains.”
With world population expected to grow by 1.8 billion people to a total of 9bn by 2040, the company believes global energy demand will increase by 25% – and that India and China together will account for 45% of that increase.
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Finance
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Farmers will reap a post-Brexit bonus as Britain is liberated from “over-bureaucratic” European Union rules on agriculture, according to a new report.
It argued that departure from the bloc will enable the government to better target financial help at the farmers who need it most.
The report from the Centre for PolicyStudies (CPS) said that Theresa May has a “strong hand” to deploy in Brexit negotiations because of the UK’s £16.7bn annual deficit in food and drink with the EU.
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As that indicates, this isn’t a universal basic wage, since it’s aimed at just a few of those receiving unemployment benefit, and the money will replace existing financial support. On the other hand, it isn’t just some kind of creative accounting, because they will continue to receive the monthly sum even if they find work. There are already plans to roll it out more widely.
As the Guardian notes, other parts of the world, including Canada, Italy, the Netherlands and Scotland, are also looking to try out the idea. At a time when there are fears that automation may well reduce the total number of workers needed in industry, it’s great to see these experiments exploring an approach that could help to alleviate social problems arising from this shift.
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Sir Ivan, the man who would play a main role in the negotiations with the EU during the UKs extraction has resigned, sending a 1400-word thank you letter to his staff setting out his problems with why he felt his position was untenable and the current Governments position with regards to leaving the EU.
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Former California Attorney General Kamala Harris on Wednesday vaguely acknowledged The Intercept’s report about her declining to prosecute Steven Mnuchin’s OneWest Bank for foreclosure violations in 2013, but offered no explanation.
“It’s a decision my office made,” she said, in response to questions from The Hill shortly after being sworn in as California’s newest U.S. senator.
“We went and we followed the facts and the evidence, and it’s a decision my office made,” Harris said. “We pursued it just like any other case. We go and we take a case wherever the facts lead us.”
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AstroTurf/Lobbying/Politics
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Washington Post‘s Paul Farhi wrote a piece last month (12/9/16) reporting that “major newspapers, from the Washington Post to the New York Times, have struggled to find and publish pro-Trump columns for months.” Perhaps that explains why some of the Trump-sympathizing columns they do manage to turn up—like a piece that ran today in the Times (1/5/17)—leave a lot to be desired in terms of logic and accuracy.
To be fair, the Times op-ed wasn’t written by a self-professed Trump fan, but by Robert Leonard, the news director for an Iowa country music station, who says, “I consider myself fairly liberal,” and confesses that he has “struggled to understand how these conservative friends and neighbors I respect—and at times admire—can think so differently from me.”
[...]
Voting for Trump, though, with the idea that he will do something about the hospitals-too-far-away problem would be childish. If op-ed pages can’t find writers who can make a grown-up case for Trump, perhaps they should be willing to allow the case to go unmade.
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Just hours after passing the very first bill of the new Congress on Wednesday — one designed to roll back a range of environmental and consumer regulations — House Speaker Paul Ryan, R-Wisc., celebrated with a corporate lobbying firm at a fundraiser for his campaign committee.
The vote on the Midnight Rules Relief Act of 2017 took place at 4:48 p.m. on Wednesday. The fundraiser, at the offices of the BGR Group, a major lobbying firm, started at 7 p.m.
The bill would amend existing law to allow Congress to repeal en masse multiple regulations finalized since the end of May last year. The law is believed to be aimed at rolling back a rule designed to deter mining companies from polluting drinking water sources, rules designed to curb hazardous methane emissions from fracking sites, and a rule that extends the threshold for overtime pay to workers, among others.
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Larry C Johnson branded the newly declassified US intelligence report “as a farce and a charade”, adding Russian attempts to discredit the Democrat candidate Hilary Clinton were unnecessary because “she was quite effective at it herself”.
On Friday, intelligence officials published their findings into alleged Russian hacking during November’s US election.
The report claimed the Russian president personally ordered an online campaign to influence the outcome of the ballot in Trump’s favour.
It said Mr Putin’s goal was to undermine the democratic process and denigrate Mrs Clinton, by using intermediaries such as DCLeaks.com, Guccifer 2.0 and WikiLeaks to publicly expose private emails acquired from the Democratic National Committee (DNC) and top level Democrats.
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President-elect Donald Trump isn’t waiting until his inauguration to push for investigations of leaks to the press — an indication that he’ll emulate and possibly surpass President Obama’s practice of criminalizing disclosures to the media.
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After President Obama and Donald Trump were briefed on a classified report explaining the United States Intelligence Community’s belief that Russia hacked the Democratic Party, the public has received its own, declassified version. Unfortunately for us, it appears virtually anything new and interesting was removed in the redaction process, leaving us without the conclusive, technical evidence we were hoping for — and that the American people are owed. Failing a last minute change of heart, the next best (and perhaps last) hope for the government to show us its work would be a formal, bipartisan probe.
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The American Legislative Exchange Council — a nonprofit better known as ALEC — briefed its members and allied groups on the bright future for its agenda now that Republicans will effectively control 68 of the nation’s 99 state legislative bodies, as well as 33 governor’s mansions. Among other things, group members said they would push bills to reduce corporate taxes, weaken unions, privatize schooling and influence the ideological debate on college campuses.
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As Director of National Intelligence James Clapper testifies at a Senate hearing on Russian cyberthreats ahead of a highly classified briefing today with President-elect Donald Trump, we speak with Pulitzer Prize-winning journalist Glenn Greenwald, who has faced an onslaught of criticism for questioning the premise of Russian hacking of the U.S. election. “Because Democrats are so desperate to put the blame on everybody but themselves for the complete collapse of their party, they’re particularly furious at anybody who vocally challenges this narrative,” Greenwald says. “And since I’ve been one of the people most vocally doing so, the smear campaign has been like none that I have ever encountered. I have been accused of being a member of the alt-right, of being an admirer of Breitbart, of being supportive of Donald Trump, of helping him get elected and, of course, of being a Kremlin operative.”
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Facebook announced Friday that former CNN host and education reform activist Campbell Brown will be leading its news partnership team.
Brown wrote in a statement on her Facebook page that she will “help news organizations and journalists work more closely and more effectively with Facebook. I will be working directly with our partners to help them understand how Facebook can expand the reach of their journalism, and contribute value to their businesses.”
Brown’s hiring should raise eyebrows given her close ties to Betsy DeVos, the president-elect’s nominee to lead the Education Department. DeVos is a Michigan-based billionaire heiress who has poured millions of dollars into organizations supporting school vouchers and charter schools.
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And… that’s really quite interesting, because of how little many people — especially policy experts — have really stopped to consider how much of the way we do things is based on custom, and not actual rules. There are two ways of looking at this. First, there absolutely are serious problems with “the way things have always been done.” So there’s potential value in having someone who doesn’t feel hamstrung by traditions and customs that might not make sense. But, the flip side of that is that there are often really good reasons for the way many of these things are done. And, so far, the customs and traditions that Trump has been indicating he’ll ignore, are ones that do seem to be based on solid reasoning, rather than just silly legacy reasons. Intelligence reports, secret service protection, and anti-nepotism rules make sense.
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The Internet Archive launched Thursday a huge Trump Archive dedicated to housing videos of everything Trump’s said on video: in everything from broadcast speeches, debates, interviews, and newscasts about the President-elect. The archive currently contains more than 700 videos — that’s more than 520 hours of Trump — compiled by way of the TV News Archive, the Internet Archive’s broadcast tracking resource, and currently dates back to December 2009 (Trump formally announced his candidacy June of 2015).
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On Jan. 20 — 16 years ago — thousands of protesters lined the inauguration parade route of the incoming Republican president. “Not my president,” they chanted. But despite the enormity of the rally, it was largely ignored. Instead, pundits marveled over how George W. Bush “filled out the suit” and confirmed authority.
“The inauguration of George W. Bush was certainly a spectacle on Inauguration Day,” marvels Robin Andersen, the director of Peace and Justice studies at Fordham University, in the 2001 short documentary “Not My President: Voices From the Counter Coup.”
It’s nearly impossible not to anticipate the eerie parallels between George W. Bush’s inauguration and that of Donald Trump.
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Fox tweeted: “I am not paying for that f*cken wall. Be clear with US taxpayers. They will pay for it.”
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Rep. Chris Collins (R-N.Y.), congressional liaison for the Trump transition team, doubled down on Trump’s position in comments to CNN: “When you understand that Mexico’s economy is dependent upon U.S. consumers, Donald Trump has all the cards he needs to play,” Collins said. “On the trade negotiation side, I don’t think it’s that difficult for Donald Trump to convince Mexico that it’s in their best interest to reimburse us for building the wall.”
However, Mexico’s president has vociferously and repeatedly said that the country will not pay for Trump’s promised wall. “We’re not going to pay for that fucking wall,” former president Vicente Fox added last March, as Common Dreams reported.
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The undisguised and clearly politically motivated report on the alleged 2016 US “election hack” displays a severe lack of “professional discipline” in the intelligence community, former NSA technical director and whistleblower William Edward Binney told RT.
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It’s not Trump you have to worry about. You’re thinking short-term.
As people struggle to find third-parties to blame for Hillary Clinton’s defeat (pick one or more: Putin, Bernie Bros, Comey, The Media, Electoral Collegians, the Racist/Misogynist Hordes), an amorphous group has emerged as a popular domestic target: stupid poor white people who do not understand how much better they have had it over the last eight years.
These slack-jawed yokels just can’t seem to grasp that they have great jobs in a growing economy. The numbers prove it: the U.S stock market is at record highs and unemployment at its lowest level since the Great Recession.
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The US NSA hacked the whole world for many years until Ed Snowden blew the whistle on them.
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Censorship/Free Speech
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There must be enormous pressure on Techdirt to settle, which Dr. Ayyadurai would be able to portray as an indication of his claim of email inventorship being legit. Primarily, Techdirt needs help from a defamation lawyer. However, I believe Techdirt’s defense would benefit immeasurably from the early involvement of a patent prosecution attorney or patent litigator. The key legal question will be whether or not the freedom of speech covers Mike’s accusations, and that means the question of whether the plaintiff actually “invented email” will be at the heart of the case.
Patent law is the law of inventions. Even though the defamation question here will not come down to a patent validity analysis (there is no patent in play, just a copyright registration and earlier documents), I believe patent professionals are in the best position to perform the inventorship-related analysis that is needed for Techdirt to defend itself or, hypothetically speaking, to realize that there’s no reasonable alternative to a settlement. Patent attorneys know how to determine whether the prior art fully anticipated something or whether any delta is (non-)obvious (and to compare this to what is nowadays deemed to constitute email). Even courts would likely be receptive to references to certain principles of patent law in this context.
In the ideal scenario for Techdirt, the case for total anticipation would be so strong that the case might be resolved in their favor even without a jury trial. If there was only partial anticipation, it would come down to whether the delta (if any) justified a claim of having invented email or whether it would only have supported a narrower claim such as (whatever may be the case here) having invented a particular feature or having independently come up with something that existed before.
The complaint cites all sorts of credit that was given to Dr. Ayyadurai, who has every reason to be proud of what those people said, but what is needed–and lacking so far–is a solid, professionally-crafted feature-by-feature analysis of the relevant prior art (see this email for a starting point) and the claimed invention. Also, it’s a typical patent law question to determine what a person skilled in the art would have considered essential characteristics of “email” at the relevant point(s) in time.
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More than ever, online political communication mattered. In the brave new world, a candidate’s tweet, a YouTube video from some obscure group, a cheeky Facebook post, or an underground trolling operation could move the needle. High-budget television and radio advertising campaigns became less effective. Big-spending campaigns and super PACs employing commission-earning consultants often languished or were irrelevant.
Traditional advertising can still help unknown candidates gain name identification or respond to a specific attack. And it can be effective when targeted toward specific demographics, such as Republican primary voters. But it gets brushed aside by organic grassroots enthusiasm generated online. There the crowd ignores image-driven advertising; memes and witticisms delivered in 140 characters rule. Ironically, the old-fashioned rally, perhaps the oldest American campaign tactic, is still an enthusiasm generator.
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Tyranny is what many unelected, self-proclaimed representatives are trying to impose on campuses across America — the tyranny of the removal of due process rights from men (typically men) accused of sexual misconduct on campus, for one.
Men and women who are guilty of this should be prosecuted and punished — through the legal system, not through campus kangaroo courts.
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J.Nathan Matias takes a clear-eyed look at The Real Name Fallacy, the belief that forcing users to communicate using real names will improve online conduct. In my experience, the biggest problems come on platforms like Twitter where it’s a mix of real and pseudonymous users.
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Archivists, coders and other volunteers will gather on the sixth floor of the library at the University of Pennsylvania on Jan. 13 and 14 to preserve federal data that they believe could be at risk after Donald Trump is sworn in.
Their work, dubbed DataRefuge, is part of an effort that began with a tweet by meteorologist Eric Holthaus. Other volunteers are working in Toronto, Indianapolis, San Diego and other cities.
“We think of censorship in a very specific way like book burning,” said Bethany Wiggin, the associate professor who is leading the effort in Philadelphia. “But a lot of times it isn’t as spectacular. One person’s censorship is another person’s precautionary measure.”
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Privacy/Surveillance
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A confusing and disturbing conclusion has been reached by a New York federal court. The court has decided that 791 days of location tracking with a GPS ankle bracelet is unreasonable, but somehow not worthy of evidence suppression. (via FourthAmendment.com)
Kemal Lambus — the defendant challenging the evidence — was granted parole, but with certain conditions. One of those was imposed a few months after his release: wearing an ankle bracelet to ensure he abided by his curfew. This was in addition to the normal amount of diminished privacy afforded parolees, which includes any number of warrantless searches by parole officers.
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Another reason that Rogers has drawn criticism is that he failed to prevent further security breaches in the wake of the Edward Snowden revelations.
In August 2016, for example, the FBI arrested an NSA contractor named Harold T. Martin III who they believed had stolen and disclosed 50 terabytes of data, according to The New York Times.
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NSA Director Michael Rogers recently authorized the introduction of a specially tailored compensation package for the spy agency’s “high-end” cybersecurity workers.
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It’s become pretty common for the authorities to collect personal information about passengers from airlines, supposedly to ensure security. It’s a sensitive area, though, as shown by the many years of fraught US-EU negotiations that were required in order to come up with a legal framework for transferring this data to the US when EU citizens were involved. However, not all EU countries are so concerned about that privacy thing. Belgium, for example, thinks that the current approach doesn’t go far enough, and that it should be extended to include all forms of mass transport. As this EurActiv article notes, the Belgian parliament has already voted to bring in a national system for trains, buses and boats by May 2018, and the country is calling for the rest of the EU to follow suit…
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Civil Rights/Policing
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The FBI has decided to let one of its Playpen defendants walk rather than turn over information on its Network Investigative Technique. The NIT, deployed all over the world on the back of a single warrant obtained in Virginia, unmasked Tor users by dropping code on Playpen visitors’ computers that sent back IP addresses and other information about the user’s computer.
The warrant itself has been ruled invalid by a number of judges presiding over Playpen prosecutions, although not all of them have determined that the evidence obtained by the NIT should be suppressed. The FBI not only sent malware to site visitors, but it also ran (and possibly improved) the child porn website for two weeks while pursuing its investigation.
Michaud’s lawyer asked the court to force the FBI to hand over information on the NIT. The FBI countered, saying it wouldn’t turn over the information even if ordered to do so. Judge Bryan, after an in camera session with the agency, agreed with the government that there was a law enforcement need to keep the details of the tool secret. But he also made it clear the government couldn’t have both its secrecy and its evidence. He ordered all evidence suppressed.
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Sure, we like the DOJ when it’s handing down scathing reviews of local law enforcement agencies and belatedly issuing warrant requirements for IMSI catchers, but we’re not nearly as thrilled when it argues against warrant requirements for cell phone searches, demands backdoors in phone encryption, or beats mild miscreants over the head with the CFAA.
In fact, there’s very little to like about the DOJ outside of its civil rights division. Here’s yet another reason why the Department of Justice often seems like a misnomer. (h/t Brad Heath)
A decision [PDF] has been handed down by a federal court in Puerto Rico, presumably with an eyeroll and an exasperated sigh.
In 2014, Homeland Security agents searched Jose Silva-Rentas without reasonable suspicion, probable cause, or a warrant. Silva happened to be next to somebody HSI agents did search with probable cause. Rentas moved to suppress the evidence and the court agreed that the government’s theory of probable cause osmosis wasn’t enough to salvage the search.
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Jenna Jameson launched into an anti-Islam rant on Twitter this week, slamming the religion as one that “promotes child rape, female genital mutilation, butchering non believers and polygamy.”
The former porn legend, who converted to Judaism last year ahead of her upcoming marriage to Israeli boyfriend Lior Bitton, spent the better part of the week defending her attacks against Islam and “spending all [her] free time” watching YouTube videos about the Quran by Christian apologist David Wood.
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A British woman jailed in Bahrain after being accused of adultery has been released amid a fundraising appeal by her mother to bring her home.
Hannah James, said to originally be from Fraserburgh, Aberdeenshire, moved to the country with husband Jassim Alhaddar and their young son, but her mother, Shelley James, claims she was a victim of domestic abuse and wanted to leave Bahrain.
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danah boyd writes, “Yesterday, a group of us at Data & Society put out six essays on ‘media, technology, politics.’ Taken together, these pieces address different facets of the current public conversation surrounding propaganda, hate speech, and the US election. Although we only allude to specifics, we have been witnessing mis/disinformation campaigns for quite some time as different networks seek to manipulate both old and new media, shape political discourse, and undermine trust in institutions and information intermediaries. In short, we are concerned about the rise of a new form of propaganda that is networked, decentralized, and internet-savvy. We are also concerned about the ongoing development of harassment techniques and gaslighting, the vulnerability of old and new media to propagate fear and disinformation, and the various ways in which well-intended interventions get misappropriated. We believe that we’re watching a systematic attack on democracy, equality, and freedom. There is no silver bullet to address the issues we’re seeing. Instead, a healthy response is going to require engagement by many different constituencies. We see our role in this as to help inform and ground the conversation. These essays are our first attempt to address the interwoven issues we’re seeing.
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Near the start of his second term, President Obama had granted clemency at a lower rate than any president in recent history. He had pardoned 39 people and denied 1,333 requests. He had used his power to commute a prisoner’s sentence just once.
But as Obama enters the final days of his administration, he has dramatically picked up the pace. He’s now issued commutations to 1,176 people since entering office — more than George W. Bush, Bill Clinton and Ronald Reagan put together. In December, Obama commuted the sentences of 231 people in a single day.
Much of Obama’s increased activity can be attributed to an initiative begun in 2014 to shorten sentences of non-violent offenders who would likely have received less time for their crimes under current law and who had already served at least 10 years of their prison sentences. Low-level drug offenders have received most of the commutations, part of a broader push by the administration to reform sentencing guidelines.
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The meaning and enforcement of the Illinois hate-crimes statute seems destined for intense scrutiny with the arrest this week of four young black adults in Chicago in connection with the assault of a mentally disabled white man. The arrests by the Chicago Police Department resulted in part from what appeared to a livestreamed video of the disabled man being abused while bound and gagged. The recording captures one or more of the attackers making references to Donald Trump and white people.
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This week on CounterSpin: The “what could possibly go wrong?” meme might be overused, but it’s hard not to think it, watching the government create new tools and powers for countering “disinformation” that will be handed to a president-elect who calls journalists “the lowest form of life.” Donald Trump didn’t create the present terrain, however, and pretending that fearmongering and watchlists and looking the other way are all newly minted will not serve us. In fact, we can look to history to help us understand what’s happening, and what we can do to resist it.
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This is a kind of “which side are you on?” moment for journalists. Will they defend the rights and liberties of the many communities under threat—Muslims, women, those reliant on government assistance? Will they keep alive a space for dissent and critical questioning in the face of a White House that declares itself indifferent to rules about conflicts of interest, among many other things, and that threatens revenge on those it calls “enemies”?
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USA Today solved the problem, we’re told, by getting Trump and Pence themselves to write for them. Maybe the New York Times will adopt that strategy, given its editor’s statement that his paper “could have done better.”
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Internet Policy/Net Neutrality
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A few years back, the FCC here in the States bumped the base definition of broadband from 4 Mbps downstream, 1 Mbps upstream, to 25 Mbps downstream, 4 Mbps upstream. This was done in large part to highlight the lack of competition (two-thirds lack access to speeds of 25 Mbps from more than one provider) at faster speeds, largely thanks to telcos that no longer really want to be in the residential broadband business and are refusing to upgrade their networks at any scale. Needless to say, neither ISPs — nor the politicians paid to love them — were happy with the new standard.
Recently the Canadian government took things further, announcing new rules that make 50 Mbps downstream, 10 Mbps upstream the new industry standard. In addition to declaring that this 50 Mbps option should be considered “basic telecom service” moving forward, the CRTC announced that it’s requiring that Canadian ISPs at least offer users the ability to purchase an uncapped, unlimited broadband connection.
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We’ve noted for years that as broadcasters and cable companies bicker over new programming contracts, already-annoyed customers are left in a lurch. Usually these feuds go something like this: a broadcaster demands a huge rate increase for the exact same content. The cable company balks, and the content is usually pulled out of the cable lineup. Customers aren’t given any sort of refund for this missing content, they’re just inundated with PR pitches from both sides trying to get them pissed at the other guy. Ultimately a new, confidential contract is struck, and the rate hikes are then passed on to the consumer.
In short, consumers are repeatedly punished with blackouts and petty PR bitching between companies incapable of responsibly signing new contracts, after which they get a lovely new price hike. It’s no wonder that 2016 was a record year for cord cutting.
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Intellectual Monopolies
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The United Nations has established a “technology bank” for least-developed countries that aims to strengthen the science, technology and innovation capacity of LDCs that includes better management of intellectual property rights.
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Trademarks
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If there is one lesson you take away from writing about trademark law and disputes, it’s how simple it would be to avoid a massive percentage of the conflicts by holding trademark applications to a far higher standard then they often are. If the world’s many trademark offices kept in mind that the entire point of this form of intellectual property is supposed to be keeping the public confident in their ability to determine the source of a given product or service by its trademarked branding, then it would be obvious that approved trademarks should be unique and distinct.
As a counterexample to that line of thinking, consider the current dispute going on between Bushy’s Brewery, located on the Isle of Man, and the Manx government, all over the government’s trademark for exactly two letters: TT.
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Copyrights
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A lawyer who has worked on piracy cases for the Federation Against Copyright Theft has revealed the challenges posed by Kodi and IPTV box prosecutions. Ari Alabhai says that copyright can be complicated for a jury to understand, so prosecutions under the Fraud Act may be preferred. Even that has its complications, however.
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There are good reasons to keep an eye on the performance of the Pirates across Europe – as we know from the Icelandic experiance, strong showings in other countries can help support the UK Pirate Party as it brings knowledge of Pirate Politics to new people. There are also opportunities to ‘Pirate’ each others ideas and bring the best of what works in campaigns to the UK.
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The Pirate party, whose platform includes direct democracy, greater government transparency, a new national constitution and asylum for US whistleblower Edward Snowden, will field candidates in every constituency and has been at or near the top of every opinion poll for over a year.
As befits a movement dedicated to reinventing democracy through new technology, it also aims to boost the youth vote by persuading the company developing Pokémon Go in Iceland to turn polling stations into Pokéstops.
“It’s gradually dawning on us, what’s happening,” Birgitta Jónsdóttir, leader of the Pirates’ parliamentary group, told the Guardian. “It’s strange and very exciting. But we are well prepared now. This is about change driven not by fear but by courage and hope. We are popular, not populist.”
The election, likely to be held on 29 October, follows the resignation of Iceland’s former prime minister Sigmundur Davið Gunnlaugsson, who became the first major victim of the Panama Papers in April after the leaked legal documents revealed he had millions of pounds of family money offshore.
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01.06.17
Posted in Asia, Patents at 7:27 am by Dr. Roy Schestowitz
Delhi Gate at night
Summary: India’s resilience in the face of incredible pressure to allow software patents is essential for the success of India’s growing software industry and more effort is needed to thwart corporate colonisation through patents in India itself
IT HAS BEEN a while since we last wrote about software patents in India. The subject is growingly important because a lot of the world’s software is nowadays being crafted in India, much in the same way that a lot of hardware is made in China.
According to today’s news, “India’s patent office has rejected an application by German telecom major T-Mobile International AG seeking a patent for an invention related to a method for optimising the operational times and cell exchange performances of mobile terminals.”
“Currently, India has a patent system that mostly helps foreign companies cement/impose their monopoly on a vast population.”“The rejection of T-Mobile’s patent is the latest in the growing number of software patents,” says the article. For nearly a decade now we have been showing how large multinational corporations such as BT, IBM, Microsoft and others have been pushing India (sometimes even shaming India) into the trap which is software patents. They are habitually helped by their patent lawyers in India, who gleefully join the lobbying efforts. These lawyers bamboozle fellow Indians on behalf of large corporations that pay their lawyers a lot of money. We urge Indians to reject and resist these terrible attempts to hobble India’s thriving software industry. Even some large Indian companies (such as Infosys) have already changed their mind.
Currently, India has a patent system that mostly helps foreign companies cement/impose their monopoly on a vast population. This has been accomplished in many disciplines except software and it would be wise for India to keep it that way. A further improvement would be to reassess patentability in other domains, such as those that impact generic medicine (India already done exceptionally well in this domain). Here is a new report from the Times of India that says “[a]round 80% of the more-than 43,000 domestic product and process patents have been secured by foreign entities – many of them global technology giants like Qualcomm, Samsung and Philips.”
“We urge Indians to reject and resist these terrible attempts to hobble India’s thriving software industry.”Notice Qualcomm in there. It is a highly abusive company whose patent practices are so cruel and notorious worldwide. Consider this new article from CCIA‘s Matt Levy. Read the second paragraph to see how Qualcomm — like Microsoft — is basically corrupting academia (showered with money in exchange for bias) in an effort to thwart saner patent policy:
If you’ve followed the patent reform debate, you’re probably familiar with Qualcomm. Qualcomm has literally spent millions opposing reform, including around $6 million lobbying in the first 3 quarters of 2016, millions on television and print ads, a lot of money given to law schools to fund sympathetic research, and on and on. It’s hard to blame the company, given that Qualcomm’s licensing segment netted about $6.5 billion in profit in fiscal year 2016. You can find that information, and more, in Qualcomm’s 10-K for 2016.
India would be wise to shape its patent law not based on what companies like Qualcomm and their patent law firms (can be Indian) are saying. India should listen to its engineers, programmers, etc. Too many times we find articles on the subject which are composed by lobbyists, large corporate executives, or law firm that strive to embellish their financial bottom line. Today in the Irish press there is this article about “start-ups” (i.e. small companies) which advises them — among other things — to pursue patents. It’s a waste of money; there are other things they should be doing with their money (limited budget) because unless a small company is merely a patent troll it will never manage to make much of these patents. They’re just worthless ‘trophies’, overshadowed by massive patent ‘warchests’/’arsenals’ like IBM’s or Microsoft’s. Counterattacks in the lawsuit sense mean that they’ll never become David in the David versus Goliath sense. They’ll go broke trying to become David. The article from the Irish Times mostly quotes “Fergal Brady [...] an examiner in the Irish Patents Office [who] says his role is to settle the issues of “What are you describing? Is it clear? Has it been done before?” when it comes to patent applications.”
“India would be wise to shape its patent law not based on what companies like Qualcomm and their patent law firms (can be Indian) are saying”Patent examiners are not the “bad guys” (or girls). They are just trying to make a living by scrutinising patent applications. However, at the EPO and at the USPTO, immense pressure has been put on examiners to make decisions too quickly, rendering them totally incapable of doing their job properly. To make matters worse, they are sometimes offered incentives to do their job leniently, either granting in error or rejecting applications in error, settling for low patent quality or diverting all the financial damage to courtrooms (externality). █
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Posted in News Roundup at 5:57 am by Dr. Roy Schestowitz
Contents
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Linux is everywhere. And, I mean everywhere. You name it, home electronics, smartphones, and, of course, computers. But, one place you probably didn’t think of Linux living is sitting in your driveway right now: Your car.
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Intel Director of Incident Response Jackie Stokes has captured the entirety of 2017 in a single image: a watercooler that won’t dispense water until it has installed a Windows upgrade (caption: “I just wanted some water…”).
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I was already a Linux user. My business and my home computers were both running Linux. So why did I bother to deploy these 15 XP machines? I did so on the advice of someone I respect greatly, and still do. His argument was, since the world ran on Microsoft Windows, I would be doing these kids a great disservice by putting Linux on their computers. They would have to fight with teachers and other students because the various formats and applications within Linux would not meld in with the Windows World.
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What is important to know is that the computers which are being given to Reglue Kids today are powered by the sheer will of a Global Community. The Linux and Open Source Communities drive these machines. The machines that will guide today’s kids into tomorrow’s Chemical, nuclear and aerospace engineering and physics positions. These kids will bring back the Thorium-based nuclear power plants. They will not only fuel our nation’s energy needs at a fraction of today’s cost, they will push us farther out into space, and at speeds that seem almost impossible today.
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Desktop
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Following months of leaks, Samsung is today making its latest Chromebook official. The new computer is actually two models — the Chromebook Plus and Chromebook Pro — and is the first one built from the ground up with support for Android apps. It’s also the first Chromebook to come with a stylus and support on-screen inking. The Chromebook Plus will be available starting this February for $449; the virtually-identical-save-for-a-different-processor Chromebook Pro will arrive later this year for a to-be-determined-but-definitely-higher price.
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Server
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Open vSwitch is an open-source project that allows hypervisors to virtualize the networking layer. This caters for the large number of virtual machines running on one or more physical nodes. The virtual machines connect to virtual ports on virtual bridges (inside the virtualized network layer.)
This is very similar to a physical server connecting to physical ports on a Layer 2 networking switch. These virtual bridges then allow the virtual machines to communicate with each other on the same physical node. These bridges also connect these virtual machines to the physical network for communication outside the hypervisor node.
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Kernel Space
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“AT&T is an open-source software company now — I just have to pinch myself.”
That’s how Linux Foundation Executive Director Jim Zemlin started off a talk Wednesday with John Donovan, AT&T’s chief strategy officer, at the AT&T Developer Summit during CES.
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Graphics Stack
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AMD isn’t using CES 2017 to launch their Ryzen (Zen) processors or Vega graphics cards, but at least they have opened up more Vega architecture details for this busy week in Las Vegas.
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The Mesa developers are as usual continuing their effort to get the open source Linux graphic drivers up to scratch. Intel Haswell (gen7) now has support for OpenGL 4.
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Emil Velikov of Collabora has announced the first stable Mesa release of 2017.
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Fresh off their work on landing the long-awaited Haswell FP64 support followed by today enabling OpenGL 4.0 for Haswell (along with revised Float64 patches for Intel’s Vulkan driver), there is now the FP64 patches for Ivy Bridge with the patches that ultimately enable OpenGL 4.0 on this generation-older hardware.
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Benchmarks
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With Linux 4.10 going through its stabilization process, I’ve begun testing it on more and more systems. For your viewing pleasure today are some OpenGL and Vulkan results when testing Skylake HD Graphics 530 hardware with Linux 4.10 and Mesa 13.1-dev Git.
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After the Nouveau DRM driver updates didn’t make it for the Linux 4.9 merge window, this open-source NVIDIA graphics kernel driver saw significant updates for Linux 4.10. Nouveau in Linux 4.10 has atomic mode-setting, DP MST support, a LED driver for controlling the cards that have the illuminated “GeForce” logo, NvBoost support for hitting the higher boost frequencies on supported cards, and many other changes. Here are some fresh benchmarks of Nouveau with the Linux 4.10 kernel.
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Most often when running any regular NVIDIA Linux benchmarks with Vulkan/OpenGL, it’s usually just with the newest Pascal GPUs and then the older Maxwell GPUs for reference. But if you are curious about the OpenGL vs. Vulkan performance for GTX 600/700 “Kepler” graphics processors, I have some fresh results today.
With pulling out my available Kepler cards for the Nouveau Linux 4.10 NvBoost benchmarking I published earlier today and then prepping some open vs. closed comparison numbers, in the midst of that I also ran some Kepler-catered OpenGL vs. Vulkan benchmarks with the latest binary driver (375.26).
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Applications
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Irssi 1.0.0 has been released. This release contains many improvements. Irssi 1.0.0 includes contributions by Lukas Mai, Xavier G, Kenny Root, Jari Matilainen, Todd A. Pratt, Manish Goregaokar, B. Thibault, Joseph Bisch, Will Storey, Lauri Tirkkonen, Lauri Nurmi, Tom Feist, Thomas Samson, Dennis Schagt, Mantas Mikulėnas and François Revol. In total, 132 files changed, 3434 lines were added and 3202 lines deleted and TheLemonMan officially joined the staff. Thanks everyone! See the NEWS for details.
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We bet you did not see that coming, but the Irssi team proudly announced today, January 5, 2017, the availability of Irssi 1.0.0, the newest stable series of the popular, open-source terminal-based IRC (Internet Relay Chat) client for UNIX systems.
And it’s clearly not a coincidence to release the 1.0 milestone now as Irssi has been in development since January 1999, during which it received numerous snapshots, the last one begin version 0.8.20 released in September 2016. The fact of the matter is that the team also announced Irssi 0.8.21 to fix a total of four remote crash issues.
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Music Player Daemon 0.20 has been released.
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The folks over at Music Player Daemon (MPD) are kicking off the new year as well, bringing us a major update to the open-source, free, powerful, flexible, and server-side application for playing music on our GNU/Linux systems.
From the release announcement, Music Player Daemon (MPD) 0.20 appears to be a major release that comes approximately one month after the last maintenance to the MPD 0.19 series. The Git changelog attached at the end of the article also shows us that this is a pretty big update with lots of improvements and new features.
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Inkscape, the very popular open source cross-platform vector drawing program, has released version 0.92. Check out the new features in this very nicely done video. (Note: The sound level is a bit loud in this video. You might want to turn the volume down on your computer before starting the video.)
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The release candidate is out for the upcoming Samba 4.6 version of this open-source SMB/CIFS implementation.
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Instructionals/Technical
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Over the past few years it seems that every cool and trending project is using Golang, but I am a Python guy and I feel a bit left out!
Kubernetes is no stranger to this, it is written in Go, and most clients that you will find are based on the Go client. Building a Kubernetes client has become easier. The Go client is now in its own repository. Therefore, if you want to write in Go, you can just import the Go client and not the entirety of the Kubernetes source code. Also, the Kubernetes API specification follows the OpenAPI standardization effort. If you want to use another language, you can use the OpenAPI specification and auto-generate one.
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Games
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After demoing Linux and Steam running on PlayStation 4 with firmware 4.05 at 33C3 last year, Hector Martin of the fail0verflow team just dropped the big news earlier today that Vulkan runs on PS4.
For now, there’s just a screenshot, and, as shown in the tweet attached below, PlayStation 4 runs Vulkan with the Linux 4.10 RC2 kernel and AMD’s proprietary AMDGPU-PRO 16.50 graphics driver for Linux-based operating systems. It also shows us the powerful Dolphin GameCube and Wii emulator and the standard Vulkan demos.
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Gaming on Linux was already taken to another level by SteamOS. But now Intel is all set to integrate Steam into its Clear Linux to make the existing gaming experience even better.
Intel’s open source technology center has been working on Clear Linux distribution for a long time. The distribution is specifically designed to bring the best of Linux on Intel-powered hardware and targeted at workstation and server computing. However, apart from enabling enterprises with its open source offering, the chip maker has now started working on improving the Steam support.
Clear Linux comes with the latest Mesa stack that has Vulkan drivers. Notably, the distribution offers accelerated graphics but currently lacks the support for dedicated graphics.
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No More Room in Hell 2 [Official Site] is not just a sequel, it’s going to be running on an entirely different game engine. The developer have said will be doing a Linux version, but their wording has been iffy.
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Valve have been busy, as the latest Steam Beta Client makes some important improvements to the Linux client. The Steam Controller has also seen some improvements, like supporting configurations for XBox 360, Xbox One, and Generic X-Input controller configurator support.
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Valve pushed out an updated Steam Linux client beta today that includes some useful changes for Linux gamers.
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Today, January 5, 2017, Valve’s engineers working on Steam announced the availability of a new Beta build of the Steam Client, which appears to address a bunch of Linux bugs, as well as to add numerous Steam Controller improvements.
The new Steam Client Beta update brings quite a lot of changes (see them all in the changelog attached at the end of the story), but we’re very interested in the Linux ones, which appears to let Steam work out-of-the-box with open-source graphics drivers on various modern GNU/Linux distributions, while implementing a new setting for older ones to improve the interaction between Steam’s runtime and system’s host libraries.
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To me, this looks really odd. Someone care to enlighten me as to what is exciting about games like this if it’s your thing?
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Heroes of Dire [Official Site, Steam] is an interesting one, as it’s an MMO featuring turn-based combat where you can borrow fighters from friends or a guild.
If the owner of a fighter you borrow is online, they can join in to battle with you too. It’s an interesting take on an MMO and it works quite well on Linux already.
While the battles are turn-based, they are working on a real-time mode as well. It was a stretch-goal on their Kickstarter, so they need extra time to finish that feature.
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For those of you who played XCOM, you may remember the mod ‘Long War’ which expanded the game in many ways and made it a much larger experience. Well, it seems Pavonis Interactive (previously Long War Studios) are working on Long War 2 for XCOM 2 [Steam].
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New Releases
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Starting the New Year with a fresh new look. All parts of the Midna artwork have been updated, most notably a new sddm theme that uses a layered QML model. This makes selecting between the default regular Plasma session or optional Wayland much clearer. New is also a move to a right vertical panel as default.
As always with this rolling distribution, you will find the very latest packages for the Plasma Desktop, this includes Frameworks 5.29.0, Plasma 5.8.5, KDE Applications 16.12.0 & not yet released ports of KDE Applications. All built on Qt 5.7.1.
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PCLinuxOS/Mageia/Mandriva Family
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Neil Rickert today shared his experiences with OpenMandriva Lx 3.01 leading to another account indicating 3.01 wasn’t quite soup yet. Elsewhere, Rajat Kabade reported that “Intel is all set to integrate Steam into its Clear Linux to make the existing gaming experience even better.” Endless Computers is bringing its Mission One and Mini Linux boxes to the US market and Michael Larabel reported today on the latest on DRM moving to user space.
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Hmm, I have been neglecting this blog. It’s time to catch up. I’ve still been doing stuff, but have not recently blogged about it.
There’s not much to report here, so this will be a short post.
I saw the recent announcement from the OpenMandriva folk, and thought that I would give it a try. According to the announcement, this release comes with Plasma 5 with Wayland support.
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Arch Family
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Thanks to the hard-working Arch Linux developers, the first Arch Linux ISO images of 2017 are available for download. The latest release, i.e., Arch Linux 2017.01.01, is powered by Linux kernel 4.8.13. While the first time users can grab the ISO images and torrents from Arch’s website, the existing users can update their systems using `pacman -Syu.’
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Red Hat Family
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Red Hat’s John Terrill was glad to inform Softpedia today, January 5, 2017, about the general availability of the Beta development release of the Red Hat Enterprise Linux 6.9 operating system.
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Red Hat Enterprise Linux 7.3 gives admins more granular control over security, DR and containers, while laying the foundation for IoT workloads — something RHEL 8 will likely build on.
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Red Hat today released a beta of its Red Hat Enterprise Linux (RHEL) 6.9 platform, providing a preview of the next incremental update for the company’s older supported release. RHEL 6 first debuted in November of 2010 and was superseded in June 2014 by RHEL 7 as the leading-edge edition of Red Hat’s enterprise Linux platform.
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Finance
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Debian Family
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For the last four years, Debian and Ubuntu have been in the top three Linux distributions on Distrowatch. Since 2005, neither has been out of the top six. But which Linux distro is right for you? You can’t go seriously wrong either way, but a useful answer depends upon what you want in a distribution.
You may have heard that Debian is a distribution for experts, and Ubuntu for beginners. That is true, so far as it goes. However, that distinction is more historic than contemporary.
It is true that after Ubuntu burst on to the scene in late 2004, it spent several years making the desktop easier to use, especially for non-English speakers. However, thanks to free licenses, Ubuntu’s improvements have spread to most desktop environments.
Moreover, Ubuntu’s days of interface innovations are largely in the past. Today, Ubuntu development is focused largely on convergence — the development of its Unity desktop into a common interface for phones, tablets, and desktops. But since Ubuntu phones and tablets have limited availability, convergence is largely irrelevant to many users. Similarly, Canonical, Ubuntu’s parent company, seems more focused on its successful OpenStack division than on desktop development.
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Derivatives
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Today, January 5, 2017, Ahmad Haris, the release manager of BlankOn, a Debian-based GNU/Linux distribution developed by and for the Indonesian Linux community, proudly announced the release of BlankOn Linux 10.0.
Dubbed “Tambora,” BlankOn Linux 10.0 is here in its final, production-ready state approximately three years after the February 2014 release of BlankOn 9.0. As expected, there are numerous improvements, but the biggest new feature of BlankOn 10.0 is the in-house built Manokwari desktop environment, which is based on the GNOME 3 shell.
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Some time ago developers behind BlankOn Linux team released a new version 10.0 codenamed Tambora. BlankOn is based on Debian and originated in Indonesia. This is the tenth release of BlankOn which includes lots of changes and improvements.
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Canonical/Ubuntu
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For those that shared your hopes for Ubuntu Phones in 2017, some of you were right: those that guessed nothing or very little. There isn’t going to be any new Ubuntu Phone releases or major OTA updates until there is a Snap-based image down the road.
From all the frustrated Ubuntu Phone users begging for answers on the Ubuntu-Phone mailing list, Canonical’s Pat McGowan has responded to some of the comments.
Pat shares that the Click-based Ubuntu Phone images are indeed on the way out, there will be no new Ubuntu Phone models until there is a “Snap image”, and they don’t plan to do an OTA-15 feature release. Canonical doesn’t plan to land any new features to the current stable PPA, but they will be providing security updates for important components.
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In December 2016, a bunch of worried folks using various Ubuntu-based devices started an “Ubuntu Crickets” riot to force Canonical to reveal its upcoming plans for new Ubuntu Phone and Ubuntu Touch models/versions.
It didn’t take long, and Canonical’s Pat McGowan joined the discussion earlier to inform the concerned community about general progress. Long story short, as many have already guessed, it would appear that there are no plans for an OTA-15 update of the Ubuntu Touch mobile operating system, for now.
“We do not plan to land any features to the current stable PPA, although we will provide security updates as they are available for example for the webrowser/oxide,” said Pat McGowan in the mailing list statement, where he also confirmed the fact that there won’t be any new Ubuntu Phone models released until there’s a Snap image.
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If you were hoping to see a new Ubuntu phone released sometime soon, we’ve some bad news for you.
And if you already own an Ubuntu phone and were hoping to see a new update released soon, we’ve some bad news for you too.
Bad news for everybody, it seems — or is there some silver lining in the grey clouds casting over the project?
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Marcos Costales, the developer of the very popular uNav map viewer and turn-by-turn GPS navigator for Ubuntu Phone devices, released a new version of his application, uNav 0.64.
uNav 0.64 comes four months after version 0.63, which was a minor update improving the simulator, adding support for skipping confirmation of routes, rounding off the distance to the nearest turn in guidance mode, fixing the ‘¿¿¿’ string in POI names, adding CartoDB layers, as well as a bash script to generate translations.
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Flavours and Variants
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A few moments ago, the Linux Mint team happily announced the release and general availability of the Beta milestone of the upcoming Linux Mint 18.1 “Serena” Xfce operating system for personal computers.
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Another day, and yet another version of Linux Mint with a different desktop environment. The operating system uses Mate and Cinnamon environments by default, but also offers KDE and Xfce editions as well.
While some people — such as yours truly — think the project should redirect its focus by supporting fewer desktop environments, that apparently won’t be happening any time soon. Case in point, today, Linux Mint 18.1 ‘Serena’ Xfce Edition reaches Beta status. Will you download it?
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The Ubuntu Budgie devs are back from the Christmas and New Year’s break with a vengeance, and they’ve just announced the availability of daily build ISO images for the upcoming Ubuntu Budgie 17.04 (Zesty Zapus) operating system.
At the end of 2016, they promised us that we’d be able to get our hands on the daily build ISO images of Ubuntu Budgie 17.04, and here they are, available for download as we speak for 64- and 32-bit hardware architectures from Canonical’s download servers, along with all the other official flavors.
For your viewing pleasure, and ours, we downloaded the latest 64-bit Live ISO image to make a quick screenshot tour of the distribution, which is built around the lightweight Budgie desktop environment developed by the Solus Project (yes, the people behind the popular Solus distro).
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While the first Alpha development release of the upcoming Ubuntu GNOME 17.04 (Zesty Zapus) operating system was skipped, we’d like to tell you a little bit about what you should expect from the next Alpha build.
First things first, we recommend reading our initial report if you want to familiarize yourself with the new or upcoming features of Ubuntu 17.04, but in this article we’d like to tell you all about the Ubuntu GNOME 17.04 flavor, which is now proudly based on the GNOME 3.22 Stack.
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Intel’s Linux-friendly “Intel Compute Card” COM standard aims to easily integrate upgradable Intel CPU, memory, and wireless into CE devices via USB-C.
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Phones
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Tizen
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Earlier today we had the Samsung Press Conference streamed live from the Consumer Electronics Show – Mandalay Bay Hotel, South Convention Center CES 2017. In recent times Samsung has made use of the stage at CES to announce TVs, home appliances, smart kitchen, smart home, computers, tablets, smartphones, IoT innovations and a whole lot more.
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Android
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LeEco, the eccentric maker of TVs, phones, cars and bikes, has a new pair of high-end smart bikes to show off here at CES 2017. The company hasn’t even brought its original Super Bike to market yet, but it’s already refined the concept to make its new offerings more practical for serious cyclists. Gone are the heavy dynamos and size limitation; this year’s vehicles come in two flavors, and are more lightweight. The new, somewhat blandly named Smart Road Bike and Smart Mountain Bike pack a new version of LeEco’s Android-based Bike OS software that now supports a small selection of third-party sensors. I hopped on a prototype road bike the company was showing off for the first time here in Las Vegas, and so far I find the idea of a smart bike slightly questionable.
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Google has talked about bringing its AI assistant to as many places as possible ever since it was first revealed at the company’s I/O developer conference back in May. Right now, it’s in the Pixel smartphone, Google Home device and the Allo chat app. Today, Google announced that its next destination will be Android TV devices, including the new NVIDIA Shield (as NVIDIA just confirmed at its CES press conference).
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Google is bringing its Siri and Alexa rival, Google Assistant, to TV screens. The company just announced that Google Assistant will be coming to supported televisions and set-top boxes running Android TV “in the coming months.”
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This time around, they can run any Android app from the Google Play store, and they’e also the first Chromebooks to come with a stylus.
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Fitness company New Balance is releasing its first Android Wear watch, the RunIQ. In line with the brand, it’s a running-focused smartwatch that the company is developing through partnerships with Intel (for hardware), Google (for software), and Strava (for run tracking).
The RunIQ has a built-in GPS and heart rate monitor for tracking runs, and is waterproof up to 5ATM of pressure. New Balance is claiming up to five hours of battery life for the RunIQ while actively using the GPS, or up to 24 hours for what it terms “typical use.” However, while the RunIQ will be running Android Wear, it’s still unclear whether or not it will be running the upcoming 2.0 version of the smartwatch OS when it launches.
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It won’t be here for a few months, but we finally know what the first smartwatch announced as shipping with Android Wear 2.0 will look like. While Google is still tweaking the software for a presumed spring release, Casio has taken the wraps off its WSD-F10 successor, the aptly named WSD-F20, which will ship with the new OS.
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You know open source software, like Linux, is popular with geeks and enterprises. But do you know how it can help your managed services business? Here are five ways open source benefits MSPs.
For the uninitiated, here’s a quick definition of open source: Open source software means programs whose source code is freely shared and can be viewed by anyone. Access to source code facilitates modification of the programs and provides users with other freedoms not available from closed-source software.
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Google and Fiat Chrysler Automobiles this week showcased a new in-auto infotainment platform at CES in Las Vegas. The open source system combines Uconnect with Android Auto.
The companies demonstrated their concept design inside a Chrysler 300 sedan at the show. The new system is built around Android 7.0, or Nougat, and an 8.4-inch Uconnect system.
The integration of Android and Uconnect enables a system built for connectivity and compatibility with the universe of popular Android applications. The demo highlighted integration with Google Assistant, Google Maps, and popular Android apps including Pandora, Spotify, NPR One and Pocket Casts.
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Apache Geode is kind of like the six blind men describing an elephant. It’s all in how you use it, Nitin Lamba, product manager at Ampool, told a meetup group earlier this year.
Geode is a distributed, in-memory compute and data-management platform that elastically scales to provide high throughput and low latency for big data applications. It pools memory, CPU, and network resources — with the option to also use local disk storage — across multiple processes to manage application objects and behavior.
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Lots of organizations run Python code, but few run as much of it as Google does. The company runs millions of lines of Python code. The front-end server that drives youtube.com and YouTube’s APIs is primarily written in Python, and it serves millions of requests per second, according to Google engineers.
Now, the company has open sourced Grumpy, the Python runtime environment for Go that was developed in-house to improve the performance of YouTube.
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The source is under the MIT license and hosted on bitbucket. The developers say it may be difficult to compile on Linux, as it was originally a commercial game and they haven’t really put much effort into compiling it on other platforms.
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Web Browsers
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Mozilla
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Our team maintains Firefox RPMs for Fedora and RHEL and a lot of people have been asking us to provide Firefox for Flatpak as well. I’m finally happy to announce Firefox Developer Edition for Flatpak.
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Red Hat’s desktop engineering manager Jiří Eischmann proudly announced today, January 5, 2017, the general availability of Mozilla’s Firefox Developer Edition web browser as a Flatpak package for various Linux distros supporting the technology.
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Some great news for fans of distro-agnostic app distribution: Firefox Developer Edition is now available to install as a Flatpak! Yup, the dev-friendly flavour of the venerable open-source browser is available to install messing around with installers, RPMs or unpacking zip files to double-click on binaries tucked up inside.
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Today, we live online. The Internet intersects with everything from commerce and journalism to art and civic participation.
But more and more, living online doesn’t mean sitting in front of a screen, mouse in hand. The Internet of Things — the networked computing environment that spans the globe — allows the web to permeate our clothes, our homes, our healthcare. The web is now made up of billions of connected devices and zettabytes of data. It’s pervasive.
[...]
What do we do? Philanthropies like Mozilla, Ford, Knight, MacArthur and Open Society are on the front lines of building a better Internet. And IoT will be the first big battle of 2017. In our paper, we share six guiding principles for better IoT. We’re also planning research, grantmaking and salons to further chart the future. And NetGain is seeking more technologists, activists and entrepreneurs for the movement.
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SaaS/Back End
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Ebay’s work with OpenStack has yielded fruit: A new container administration tool that makes better use of Docker and Kubernetes.
This is yet another thumbs-up for containers finding a place as as useful units of work within an organization, and for Kubernetes managing those workloads. But it’s also a sign that even the biggest and most engineer-heavy IT organizations that can bend OpenStack to their will are favoring other solutions out of developer convenience.
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Recently, John Schroeder, executive chairman and founder of MapR Technologies, Inc., one of the top players in the Big Data arena, was kind enough to give us his predictions on open source anb Big Data topics for 2017. He noted the following: “In 2017, the governance vs. data value tug of war will be front and center.”
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Pseudo-Open Source (Openwashing)
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Not 100% open source, but open source-ish due to Java-like proximity…
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FSF/FSFE/GNU/SFLC
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When Leah Rowe decided last year she wanted to withdraw Libreboot from being a GNU project, there was the ability for GNU to keep the project and appoint a new maintainer. There was a lot of fighting and rumors about what actually happened, but now Richard Stallman has written an email saying they are indeed going to drop Libreboot from the project.
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When a program becomes a GNU package, in principle that relationship is permanent. The program’s maintainers undertake the responsibility to develop it on behalf of the GNU Project. Usually the initial maintainers are the developers that brought it into the GNU Project.
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Openness/Sharing/Collaboration
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Open Data
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Scientists have confirmed that Miscanthus, long speculated to be the top biofuel producer, yields more than twice as much as switchgrass in the U.S. using an open-source bioenergy crop database gaining traction in plant science, climate change, and ecology research.
“To understand yield trends and variation across the country for our major food crops, extensive databases are available—notably those provided by the USDA Statistical Service,” said lead author Stephen Long, Gutgsell Endowed Professor of Plant Biology and Crop Sciences at the University of Illinois. “But there was nowhere to go if you wanted to know about biomass crops, particularly those that have no food value such as Miscanthus, switchgrass, willow trees, etc.”
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Open Hardware/Modding
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Renault is claiming that it has created the “world’s first open-source mass-market vehicle.” That sort of stretches the definition of mass market—the car, named POM (for Platform Open Mind), is based on the not-for-the-U.S. Twizy ultracompact EV—but the more pressing question is what Renault means when it calls this vehicle open source.
Turns out the vehicle itself, which Renault introduced at the CES technology show, is not open source, but the software it runs on is. Renault partnered with software specialist OSVehicle and processor maker ARM to crack open the POM’s operating system and will offer the car to “startups, independent laboratories, private customers, and researchers.” The move allows “third parties to copy and modify existing software to create a totally customizable electric vehicle.” Sounds to us like any vehicle could be made to be open source—just take all the security measures off the software and declare it so! But maybe it’s not that simple.
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2016 was a great year for Open Hardware. The Open Source Hardware Association released their certification program, and late in the year, a few silicon wizards met in Mountain View to show off the latest happenings in the RISC-V instruction set architecture.
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Programming/Development
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Too often programmers underestimate the importance a consistent coding style can have on the success of a project. It makes the code base easier to read, reduces nonfunctional changes to fix inconsistent style, and outlines expectations for code submissions. Most large projects have a coding style, and once you have been working on code for a while you come to appreciate the consistency of a style. Some examples of specified style are where to place braces, whether tabs or spaces are used for indentation, how many spaces to indent by, and how to break up long lines.
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Standards/Consortia
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Google has announced that it will be enhancing its documents applications that are available on Android. With the enhancements in place, importing and exporting files will be easy for users.
Google Docs will now support importing of files in the OpenDocument Text (.odt) format as well as export the files later in the same format. In a similar fashion, OpenDocument Spreadsheets (.ods) files and OpenDocument Presentations (.odp) files will from now on be supported for importation and exportation on the Android versions of Google Sheets and Google Slides, respectively.
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The pivot occurs the same year Mark Zuckerberg met with the Pope. In the past Zuckerberg has posted a photo of himself praying at a Buddhist pagoda and praised that religion. His wife, Priscilla Chan, practices Buddhism.
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Donald Trump may be the first U.S. president with no prior political or military experience, but clues from Facebook founder Mark Zuckerberg suggest he might not be the last.
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Mark Zuckerberg is not limited to just two years working in the government while still controlling Facebook, as has been widely misreported. A closer examination of SEC documents reveals Zuck only needs to still own enough Facebook stock or have the board’s approval to be allowed to serve in government indefinitely.
Combined with Zuckerberg’s announcement yesterday that his 2017 personal challenge is to meet and listen to people in all 50 states, this fact lends weight to the idea that Zuckerberg may be serious about diving into politics.
Without the limit, Zuckerberg has the opportunity to be appointed or elected to a more significant office and have as much time as he wants to make an impact, rather than just dipping in potentially as a cabinet member whose terms typically last less than two years.
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Medium, the online publishing company started by Twitter co-founder Ev Williams, is changing its business model and cutting a third of its staff.
The company, which has raised $132 million in venture capital from investors including Greylock Partners and Andreessen Horowitz, relied on the same model as other media companies to make money: placing ads on articles. In a blog post Wednesday, Williams called that model “broken,” because it serves the goals of corporations and not the readers of content.
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SOCIAL NETWORK Twitter has confirmed that its Vine video service will close on 17 January.
The plan to close the video-looping service was announced last year, but this is the first time a set date for the closure has been confirmed.
“On January 17 the Vine app will become the Vine Camera. We will notify you through the app before this happens,” Twitter said.
The ‘Vine Camera’ that will still allow you to make videos of up to 6.5 seconds in length that can then be saved to the camera roll or posted to Twitter.
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Many WhatsApp users are about to find themselves cut off from using the hugely popular chat app.
Users of older iPhones and Android handsets are to find the app has stopped working after it said it would stop support from the end of the 2016.
WhatsApp said that the move had been made to ensure that the app could continue to introduce new features and stay secure, which relies on the app being used on newer operating systems. But it has been criticised by many users, particularly those in developing markets where both the app and older handsets are popular.
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Snap Inc. was sued by a former employee who says the company, parent of the Snapchat social-media app, was inflating growth metrics ahead of a planned initial public offering.
Anthony Pompliano, who was hired from Facebook Inc. in 2015 to focus on user growth and engagement, said he was fired after he refused to go along with the figures that made the company look better than it actually was, according to a complaint filed Wednesday in Los Angeles County Superior Court. The court document redacts information about the disputed metrics.
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Science
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Fake news has been around long before Facebook, but it was the tech company’s goal to appear like a newspaper that eventually misled its users far more than ever before.
“Technology is basically neutral,” author Noam Chomsky explained. “It’s kinda like a hammer . . . the hammer doesn’t care whether you use it to build a house or a torturer uses it to crush somebody’s skull . . . same with modern technology [like] the internet. The internet is extremely valuable if you know what you’re looking for.”
Unfortunately, that’s almost the antithesis of Facebook. And while Paper, the ad-free Facebook news feed app ultimately failed, the social media network had by then successfully developed tools like Smart Publishing. The latter tool for publishers aimed to boost stories on Facebook that were popular with the user’s own network, amplifying the performance of fake news in a scandal-obsessed hyperpartisan era. But until five weeks after the election, there was little distinction on the platform between “news” published by conspiracy theorists and actual trusted news sources.
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Hardware
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MSC announced a pair of Linux-ready COM Express Compact and Basic modules built around Intel’s 7th Gen “Kaby Lake” U and EQ/E series, respectively.
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To this date, Qualcomm has shipped over a billion of Internet of Things (IoT) chipsets, the San Diego-based semiconductor manufacturer revealed on Tuesday. While speaking at the CES Unveiled press event yesterday, the company’s Senior Vice President of Product Management Raj Talluri said that the firm is already serving all segments of the IoT industry, from smart TVs and thermostats to connected speakers, wearables, and home assistants. Talluri specifically pointed out that smartphones and tablets aren’t included in the one billion figure.
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This has been the winter of our discontent. 2016 was the year the tone changed. There’s always been a lot of criticism and griping about anything Apple does (and doesn’t do — it can’t win) but in 2016 I feel like the tone of the chatter about Apple changed and got a lot more negative.
This is worrisome on a number of levels and I’ve been thinking about it a lot. I’m used to watching people kvetch about the company, but this seems — different. One reason: a lot of the criticisms are correct.
Apple, for the first time in over a decade, simply isn’t firing on all cylinders. Please don’t interpret that as “Apple is doomed” because it’s not, but there are things it’s doing a lot less well than it could — and has. Apple’s out of sync with itself.
Here are a few of the things I think indicate Apple has gotten itself out of kilter and is in need of some course correction.
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Health/Nutrition
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As Republican lawmakers eagerly prepare to scrap President Obama’s signature healthcare legislation, the Affordable Care Act, they’ve announced that while doing so, they’ll also strip funding from Planned Parenthood.
In a press conference Thursday, House Speaker Paul Ryan (R-Wis.) confirmed that “Planned Parenthood legislation would be in our reconciliation bill” when asked about potential defunding. The reconciliation bill is the budgetary tool that Republicans plan to use to dismantle the ACA with a simple majority and without the potential for a filibuster. A straight repeal would require a 60-vote supermajority in the Senate, which the Republicans don’t have. A straight repeal would also open the possibility of a filibuster. (For more on how that process would work, check out Ars’ previous coverage on this matter.)
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Security
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Hardware is often considered as an abstract layer that behaves correctly, just executing instructions and outputting a result. However, the internal state of the hardware leaks information about the programs that are executing. In this talk, we focus on how to extract information from the execution of simple x86 instructions that do not require any privileges. Beyond classical cache-based side-channel attacks, we demonstrate how to perform cache attacks without a single memory access, as well as how to bypass kernel ASLR. This talk does not require any knowledge about assembly. We promise.
When hunting for bugs, the focus is mostly on the software layer. On the other hand, hardware is often considered as an abstract layer that behaves correctly, just executing instructions and outputing a result. However, the internal state of the hardware leaks information about the programs that are running. Unlike software bugs, these bugs are not easy to patch on current hardware, and manufacturers are also reluctant to fix them in future generations, as they are tightly tied with performance optimizations.
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Odds are, software (or virtual) containers are in use right now somewhere within your organization, probably by isolated developers or development teams to rapidly create new applications. They might even be running in production. Unfortunately, many security teams don’t yet understand the security implications of containers or know if they are running in their companies.
In a nutshell, Linux container technologies such as Docker and CoreOS Rkt virtualize applications instead of entire servers. Containers are superlightweight compared with virtual machines, with no need for replicating the guest operating system. They are flexible, scalable, and easy to use, and they can pack a lot more applications into a given physical infrastructure than is possible with VMs. And because they share the host operating system, rather than relying on a guest OS, containers can be spun up instantly (in seconds versus the minutes VMs require).
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The nonprofit Zigbee Alliance today unveiled dotdot, a universal language for the Internet of Things (IoT).
The group says dotdot takes the IoT language at Zigbee’s application layer and enables it to work across different networking technologies.
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It appears as if the Federal Trade Commission is getting serious about Internet of Things security issues — and it wants the public to help find a solution. The FTC has announced a contest it’s calling the “IoT Home Inspector Challenge.” What’s more, there’s a big payoff for the winners, with the Top Prize Winner receiving up to $25,000 and each of a possible three “honorable Mentions” getting $3,000. Better yet, winners don’t have to fork over their intellectual property rights, and will retain right to their submissions.
Of course, the FTC is a federal agency, and with a change of administrations coming up in a couple of weeks, it hedges its bet a bit with a caveat: “The Sponsor retains the right to make a Prize substitution (including a non-monetary award) in the event that funding for the Prize or any portion thereof becomes unavailable.” In other words, Obama has evidently given the go-ahead, but they’re not sure how Trump will follow through.
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In the past few years, products at CES have increasingly focused on putting the Internet in everything, no matter how “dumb” the device in question is by nature. It’s how we’ve ended up with stuff like this smart hairbrush, this smart air freshener, these smart ceiling fans, or this $100 pet food bowl that can order things from Amazon.
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Techdirt has been worried by problems of e-voting systems for a long time now. Before, that was just one of our quaint interests, but over the last few months, the issue of e-voting, and how secure it is from hacking, specifically hacking by foreign powers, has become a rather hot topic. It’s great that the world has finally caught up with Techdirt, and realized that e-voting is not just some neat technology, and now sees that democracy itself is at play. The downside is that because the stakes are so high, the level of noise is too, and it’s really hard to work out how worried we should be about recent allegations, and what’s the best thing to do on the e-voting front.
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Chaos Communications Congress is the world’s oldest hacker conference, and Europe’s largest. Every year, thousands of hackers gather in Hamburg to share stories, trade tips and discuss the political, social and cultural ramifications of technology.
As computer security is a big part of the hacker world, they also like to break things. Here are five of the most important, interesting, and impressive things broken this time.
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Defence/Aggression
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With our news reports speaking of gunfire epidemics, outbreaks, and plagues, firearm violence often sounds like a disease. But according to a new study, it often acts like one, too. In fact, catching a bullet may be a little like catching a cold—albeit a really bad one.
Gun violence can ripple through social networks and communities just like an infectious germ, Harvard and Yale researchers reported Monday in JAMA Internal Medicine. This may not seem surprising, because earlier work has found that gun violence often clusters in certain areas and groups, particularly those steeped in gangs and drugs. But this study is the first to show that gun violence spreads directly from person to person after shootings—it’s not just about growing up in the same rough neighborhood or having the same risk factors.
The finding is good news, because, after decades of research, scientists are pretty good at predicting how infections cascade through populations. Applying disease-based theories and simulations to gun violence could help health workers get ahead of bullets and intervene before violence spreads. A more informed strategy could also cut down on intervention tactics that “rest largely on geographic or group-based policing efforts that tend to disproportionately affect disadvantaged minority communities,” the authors argue.
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They could be found on the outskirts of Sirte, Libya, supporting local militia fighters, and in Mukalla, Yemen, backing troops from the United Arab Emirates. At Saakow, a remote outpost in southern Somalia, they assisted local commandos in killing several members of the terror group al-Shabab. Around the cities of Jarabulus and Al-Rai in northern Syria, they partnered with both Turkish soldiers and Syrian militias, while also embedding with Kurdish YPG fighters and the Syrian Democratic Forces. Across the border in Iraq, still others joined the fight to liberate the city of Mosul. And in Afghanistan, they assisted indigenous forces in various missions, just as they have every year since 2001.
For America, 2016 may have been the year of the commando. In one conflict zone after another across the northern tier of Africa and the Greater Middle East, US Special Operations forces (SOF) waged their particular brand of low-profile warfare. “Winning the current fight, including against the Islamic State, al-Qaeda, and other areas where SOF is engaged in conflict and instability, is an immediate challenge,” the chief of US Special Operations Command (SOCOM), General Raymond Thomas, told the Senate Armed Services Committee last year.
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We’ve noted how one of Trump’s top telecom advisors is Jeffrey Eisenach, a long-time Verizon consultant and aggressive opponent of net neutrality. Eisenach’s one of three Trump advisors who have made it clear their top priority in the new administration will be to not only gut net neutrality, but to defang and defund the FCC as a consumer watchdog on telecom issues. Eisenach isn’t just an advisor, he’s also on the shortlist to be the next head of an agency he doesn’t believe in.
But when Eisenach isn’t busy dreaming about dismantling net neutrality, he can apparently be found writing logically incoherent op-eds over at the Wall Street Journal. In a strange little tirade posted on January 3, Eisenach quite correctly ridicules the Washington Post’s recent false claim that Russians were busy hacking U.S. utilities. In short, a piece of common malware was found on one PC, and because the Washington Post couldn’t be bothered to even call the company in question, the paper created a bogus narrative, based entirely on anonymous sources, that casually pushed the country closer to war.
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Photographer Freddy Mardell was planning on enjoying an evening out on Saturday when the mob launched their rampage in Malmo.
Describing scenes of horror, the Swede said one thug was calling for “jihad” while standing on top of a car in the city centre.
Mr Mardell told Friatider: “An Arab jumped on the roof of a car and yelled ‘Jihad! Jihad!’ repeatedly.
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Transparency/Investigative Reporting
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It has been several weeks since the New York Times reported that “overwhelming circumstantial evidence” led the CIA to believe that Russian President Vladimir Putin “deployed computer hackers” to help Donald Trump win the election. But the evidence released so far has been far from overwhelming.
The long anticipated Joint Analysis Report issued by the Department of Homeland Security and the FBI on Dec. 29 met widespread criticism in the technical community. Worse still, some of the advice it offered led to a very alarmist false alarm about supposed Russian hacking into a Vermont electric power station.
Advertised in advance as providing proof of Russian hacking, the report fell embarrassingly short of that goal. The thin gruel that it did contain was watered down further by the following unusual warning atop page 1: “DISCLAIMER: This report is provided ‘as is’ for informational purposes only. The Department of Homeland Security (DHS) does not provide any warranties of any kind regarding any information contained within.”
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Finance
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Senior executives have already made more money in 2017 than the average British worker will earn all year, new research shows.
The High Pay Centre has dubbed today “Fat Cat Wednesday”, after finding that bosses will rake in the median salary of £28,200 by midday.
With average hourly salaries of £1,000 an hour it has taken less than three days to out-earn the typical worker. Meanwhile the national living wage stands at £7.20 per hour.
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Why should the European Union jump into the Brexit fight, when the United Kingdom is doing such a great job of fighting itself?
For Brussels, the surprise resignation Tuesday of Sir Ivan Rogers, the U.K.’s seasoned and well-respected ambassador to the EU, provided the most dramatic and forceful validation yet of the bloc’s discipline in insisting that negotiations would not begin until the formal triggering of Article 50.
Over the half-year since the vote in favor of Brexit, leaders of the remaining EU27 have watched, with dismay, and no small amount of disbelief, as Britain battled itself: the resignation of Prime Minister David Cameron; the messy in-fighting among Tories to replace him; the disintegration of the UKIP leadership, which led to a physical altercation in the European Parliament; and every manner of dispute and disagreement over whether Brexit should be hard or soft, quick or gradual, blah, blah, blah.
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The official line from U.S.-based multinational corporations is that if they get a huge tax break, they’ll bring home the trillions of dollars in profits they’ve stashed overseas and use it to hire tons of Americans. (Nearly 3 million, says the U.S. Chamber of Commerce!)
But now that Donald Trump’s election means it might really happen, corporate executives are telling Wall Street analysts what they’ll actually use that money for: enriching their shareholders and buying other companies.
The Intercept’s examination of dozens of earnings calls and investor conference talks since Trump won the presidential election finds that many executives are telling analysts at large banks that they are eager to take the money to increase dividends and stock buybacks as well as snap up competitors. They demonstrate considerably less if any enthusiasm for going on a domestic hiring spree.
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AstroTurf/Lobbying/Politics
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Bernie Sanders spoke on the Senate floor on Wednesday to urge Donald Trump to veto any cuts to Social Security, Medicare or Medicaid—and used one of the President-elect’s own tweets to prove his point.
As lawmakers debated the repeal of Obamacare, Sanders pointed out that Trump had previously said he would not cut the services through a giant printout of a tweet dating to May 2015.
“I was the first & only potential GOP candidate to state there will be no cuts to Social Security, Medicare & Medicaid,” Trump claimed at the time. “Huckabee copied me.”
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On Inauguration Day in 2009, top Republican leaders and strategists gathered for a private dinner at the Caucus Room restaurant to discuss how they were going to obstruct and derail Barack Obama’s presidency. It wasn’t a policy dinner about their ideological concerns, Robert Draper wrote in his 2012 book about the GOP-run House. It was a political dinner about obstruction as a tactic.
Today, many Democrats — myself included — are asking whether our party leaders need to have a similar dinner on Jan. 20 to discuss how we can obstruct and oppose every move by the Trump administration.
The theory goes that Republican obstruction was successful at stymieing the Obama administration, and that the strategy led to the GOP’s electoral successes. Some feel we should take it straight from their playbook and use it against them. I get the feeling. It’s partially an emotional reaction to this election and to eight years of unmitigated and unjustified obstruction.
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Donald Trump’s reign of ruin began even before his inauguration, when the GOP House caucus voted to geld the independent Office of Congressional Ethics before its members were even sworn in, only to retreat in the face of public outcry and (ironically) Trump tweets. Once Congress convenes, the first order of business will be a reconciliation bill that would begin the repeal of the Affordable Care Act without a plan to replace it. The first skirmishes will come as Senate committees commence hearings on the billionaires, generals, and ideologues that Trump has chosen for his cabinet.
Trump’s choices—economist Simon Johnson characterizes them as rule by “extreme oligarchy”—personify the president-elect’s own bait-and-switch, from the fake populist of the campaign trail to country-club reactionary. Their shared priorities include deep top-end tax cuts, wholesale deregulation of public protections, and the privatization of public services. They claim these measures will spark growth and generate jobs. In fact, they’ll open up a new era of predation, with CEOs salivating at the chance to gorge themselves on the public dime. At risk are the essential public services and protections on which Americans depend.
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We speak with Pulitzer Prize-winning reporter Glenn Greenwald as the Senate Armed Services Committee holds a hearing on alleged Russian cyber-attacks and top intelligence officials are briefing President Obama on a review of evidence that Russia hacked the email servers of the Democratic National Committee. President-elect Trump will be briefed on Friday. This comes as he is supporting statements by WikiLeaks founder Julian Assange that Russia was not the source for the mass leak of emails from the Democratic Party.
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I began writing this column on November 9, 2016, on the balcony of a hotel in Istanbul, while a call to prayer echoed through the streets below. I took that as good advice, because a few hours earlier my country elected an Internet troll, Donald Trump, as its president Perhaps by now we’re calling this day 11/9, in the mold of 9/11. I’m an optimistic guy, but color me pessimistic about where my country is now heading, led by a world-class narcissist.
And forgive me for obsessing not only about where this is going, but how we got here. Our country has been hacked, and that matters.
Disclosure: I’m a political independent, and not a fan of Hillary Clinton, though I thought she was the only sensible choice, given Trump’s shortcomings, many of which should have disqualified him, flat out. But he won. Why?
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Amid the uproar of Donald Trump’s seemingly impossible rise to the highest office in the land, liberals hungered for an authoritative voice. They found it in Newsweek writer Kurt Eichenwald, a former Republican who regularly deals in histrionics, bombast, and questionable ethics. Eichenwald, whose self-hyped pieces have nary broken news, has become infamous both for his wrongness and for his regular Twitter meltdowns. And yet, he has more than 200,000 followers on Twitter, a legion of influential fans, and is a frequent guest on cable news. Why has a bad and possibly corrupt journalist become a voice of the left? In all of his essence, Kurt Eichenwald is the journalist that the left deserves, and maybe it’s time for his wild media ride to end.
Eichenwald had a strong start as a newsman. He worked at The New York Times for more than 20 years, where he had a decorated career covering Wall Street, malpractice in kidney dialysis facilities, for-profit hospitals, and the fall of Enron. His run might have been remembered as a triumph of solid journalism, with Eichenwald cast as a modern Upton Sinclair. But, much like H. L. Mencken’s reporting on the Scopes Trial was later tarnished by his anti-Semitism, Eichenwald’s mainstream success led to a dramatic and tawdry fall that served to reduce his accomplishments to little more than a footnote.
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The Democratic National Committee rebuffed requests by federal agents to inspect computer servers that had been breached last year during the presidential campaign, forcing them to rely on third-party cybersecurity data to investigate the hack, the FBI said.
The revelation came hours before U.S. intelligence chiefs are set to brief President-elect Donald Trump on their assessment that Russia was behind the attack. On Capitol Hill Thursday, they rejected Trump’s repeated skepticism about their findings that senior Russian officials were to blame for the hacking and leaks of emails from Democratic officials and organizations backing Hillary Clinton.
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WikiLeaks founder Julian Assange says that governments, including here in the U.S., regularly lie and use propaganda to manipulate the minds of their citizens.
In a “Hannity” exclusive interview, Assange said the goal of WikiLeaks is to expose that truth to people, without any political agenda.
Assange explained that the media failed to do that during the U.S. election process because the majority of them felt like they were part of the same system as the Washington establishment.
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WikiLeaks founder Julian Assange believes that the Democratic Party must have a “reformation” after a disastrous showing in the 2016 election.
In an exclusive interview with Sean Hannity, Assange said that Democrats still haven’t come to terms with why they did so poorly.
He said they must accept that they alienated voters by “rigging” the presidential primary process and not picking the strongest candidate.
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Despite not even being installed in office yet, the soon-to-be-leader of the United States brazenly deployed the platform to carry out government contracting cronyism, call for the imprisonment of flag-burners, and get death-threats rained down upon a unionist who contradicted one of the incoming administration’s best narratives.
Trump, somehow, has managed to now top all these by using Twitter to announce the advent of a new nuclear arms race – a Cold War 2.0 against, oddly enough, Vladimir Putin.
Every step Trump has taken since election day has confirmed many of the worst fears of anarchists and libertarians. This latest maneuver is a continuation, for nuclear arms build-up is one of the gravest threats to the possibility of a stateless society. It not only casts long-term doubts on the survivability of the human civilization (or even the species, for that matter); in the short-term it reinforces all the worst and repressive elements of the state. This stems from the undeniable fact that the mere presence of the nuclear weapon is little more than an act of state-sponsored terrorism. It exists solely to provoke fear, anxiety, existential dread. The crude and atrocious actions committed by the United States at the end of the Second World War hang like a pall over any arms build-up. To create a single nuclear weapon is to spell out a warning to the world: we will flatten your cities and incinerate your countryside. We will turn your citizens into dust.
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Censorship/Free Speech
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Following the New Year’s Eve attack in Istanbul, democracy in Turkey is likely to enter a death spiral. The issue isn’t the attack itself, terrible as it was. On New Year’s Eve, a lone gunman made his way into the Reina dance club, which was jammed with revellers, and opened fire with an assault rifle, killing thirty-nine people and wounding dozens. The shooter has not yet been identified, but, in an Internet posting, the Islamic State claimed that one of its soldiers had done the job. In its typical deranged language, the group said that it had happily struck the revellers, “turning their joy into sorrows.” The attack, the group said, was in retaliation for air strikes and other military operations carried out by the “Turkish apostate government” against ISIS in Syria.
If the shooting were an isolated event, the effect on Turkish society would probably be minimal. But it was the latest in a series of violent attacks against the Turkish state, which has prompted sweeping retaliatory measures that have seriously undermined Turkish democracy. Sunday morning’s massacre will no doubt trigger another wave of detentions and arrests.
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First it was the US, then Germany blamed much of what is wrong in society on “fake news”, and not, say, a series of terrible decisions made by politicians. Now it is Italy’s turn to call for an end to “fake news”, which in itself would not be troubling, however, the way Giovanni Pitruzzella, head of the Italian competition body, demands the European Union “cracks down” on what it would dub “fake news” is nothing short of a total crackdown on all free speech, and would give local governments free reign to silence any outlet that did not comply with the establishment propaganda.
In an interview with the FT, Pitruzzella said the regulation of false information on the internet was best done by the state rather than by social media companies such as Facebook, an approach taken previously by Germany, which has demanded that Facebook end “hate speech” and has threatened to find the social network as much as €500K per “fake” post.
Pitruzzella, head of the Italian competition body since 2011, said “EU countries should set up independent bodies — co-ordinated by Brussels and modeled on the system of antitrust agencies — which could quickly label fake news, remove it from circulation and impose fines if necessary.”
In other words, a series of unelected bureaucrats, unaccountable to anyone, would sit down and between themselves decide what is and what isn’t “fake news”, and then, drumroll, “remove it from circulation.” On the other hand, coming one week after Obama give Europe the green light to engage in any form of censorship and halt of free speech that it desires, when the outgoing US president voted into law the “Countering Disinformation And Propaganda Act”, it should come as no surprise that a suddenly emboldened Europe is resorting to such chilling measures.
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APPLE HAS bowed to the demands of Chinese authorities and removed the New York Times from its Chinese App Store.
According to a report at, er, the New York Times, Apple removed both the English-language and Chinese-language apps from the App Store in China on 23 December, and said the move came as part of a wider attempt by the Chinese government to prevent readers in the country from accessing independent news coverage.
“The request by the Chinese authorities to remove our apps is part of their wider attempt to prevent readers in China from accessing independent news coverage by the New York Times of that country, coverage which is no different from the journalism we do about every other country in the world,” a spokesperson for the newspaper said.
Apple said they had been informed the app violated Chinese regulations but did not say what rules had been broken.
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Techdirt founder Mike Masnick will be going toe-to-toe in court with Charles Harder, the Hollywood attorney who famously represented Hulk Hogan in the sex tape lawsuit that brought down Gawker.
On Wednesday, Harder’s client Shiva Ayyadurai filed a $15 million libel lawsuit in Massachusetts against Masnick, Leigh Beadon and Techdirt parent company Floor64 Inc. over articles that doubted Ayyadurai’s claim to have invented email.
Ayyadurai previously sued Gawker in a lawsuit that many suspected was funded by Silicon Valley billionaire Peter Thiel. Ayyadurai recently settled the claim for $750,000. He and Harder now have a new legal target.
For Techdirt, Masnick writes a wonky tech policy blog that has earned a loyal following for taking strong stances on issues like copyright, net neutrality, security issues and other topics. His name provokes eye-rolling among many studio lawyers thanks to his frequently hostile attitude toward aggressive intellectual property actions. He was one of the noisiest antagonists toward the Stop Online Piracy Act a few years ago. He’s also credited with coining the term, “The Streisand Effect,” to describe the phenomenon of how attempts to censor information often lead to more awareness of the very information someone is trying to hide. The phrase came after entertainer Barbara Streisand aimed more than a decade ago to suppress photographic images of her Malibu, Calif., residence.
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A self-proclaimed inventor of email, Dr. Shiva Ayyadurai, has taken exception to doubts about his accomplishment by a website called TechDirt, and chosen to file a $15 million defamation suit against the site and its founder, Mike Masnick.
The case is likely to raise alarm in media circles because Ayyadurai is being represented by Charles Harder, a Beverly Hills attorney. Harder became famous by directing a stealth legal campaign—bankrolled by billionaire Peter Thiel—against Gawker Media that ultimately drove the website into bankruptcy with a $140 million Florida jury verdict.
In the new lawsuit filed on Wednesday in Boston, Ayyadurai claims that a series of posts on TechDirt amount to libel—in part because the posts call Ayyadurai a “fake email inventor” and a “fraudster” and calls his claims to have invented the technology “bogus.”
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A year ago, preparing to teach my undergraduate free speech class I found myself questioning free speech fundamentalism. Struck by the unseemly reality of free expression and the unsettling insights of Kelefah Sanneh in The Hell You Say, the simple comforting notion that more speech is always better than less speech seemed suspect.
Now, one must question the very assumptions of U.S. First Amendment (1A) jurisprudence, which have been laid bare by “post-truth” politics, in which the very concepts of truth and reality have been trumped. In 2016, volume prevailed over reason, and feelings over facts (for more, see here). A cynical carnival barker hoodwinked the citizenry, begging the question: Is the town square model of democracy dead?
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Internet movie hub IMDb is asking the court to prohibit the enforcement of a new law that bars it from displaying an actor’s age on its site if the actor doesn’t want it posted.
The controversial law was signed by California Gov. Jerry Brown in September. Its goal is to mitigate age discrimination in a youth-obsessed Hollywood, but since its passing it has been widely criticized as unconstitutional. IMDb sued California Attorney General Kamala Harris in November, arguing that the law chills free speech rather than addressing the root causes of age discrimination.
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Privacy/Surveillance
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The FTC, in a complaint filed in the Northern District of California charged that “D-Link failed to take reasonable steps to secure its routers and Internet Protocol (IP) cameras, potentially compromising sensitive consumer information, including live video and audio feeds from D-Link IP cameras.”
For its part, D-Link Systems said it “is aware of the complaint filed by the FTC. D-Link denies the allegations outlined in the complaint and is taking steps to defend the action. The security of our products and protection of our customers private data is always our top priority.”
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The German foreign secret service (BND) has not only delivered data to the US intelligence services on a massive scale, it has also worked directly with the NSA in developing detection software. This has been confirmed by extensive data published by the WikiLeaks platform at the beginning of December. It documents the close cooperation between German and American intelligence agencies and reveals new details.
The data contains about 90 gigabytes of information. It consists of a total of 2,420 files, which were forwarded in 2015 to the German parliamentary committee that is currently investigating the activities of the intelligence services. According to WikiLeaks, the data originates from several German federal authorities, including the Bundesnachrichtendienst (BND), the Federal Office for Constitutional Protection (BfV) and the Federal Office for Information Security (BSI).
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Curtis Dukes, the top cyber defender at the National Security Agency, is leaving the agency for a leadership post at the Center for Internet Security, a not-for-profit cybersecurity organization.
Dukes, who headed up the NSA’s Information Assurance Directorate, was bumped down the NSA org chart a bit during a recent reorganization – one of the biggest in its history – that combined the agency’s offensive and defensive capabilities and personnel.
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On September 14, 2016, days before the premiere of Oliver Stone’s hagiographic movie Snowden, Human Rights Watch, the American Civil Liberties Union and Amnesty International launched a well-funded campaign, with full-page ads in The New York Times, imploring President Barack Obama to pardon Edward Snowden, a former contract worker at the National Security Agency, for stealing a vast number of secret documents. “I think Oliver will do more for Snowden in two hours than his lawyers have been able to do in three years,” said Snowden’s ACLU lawyer, Ben Wizner.
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A poll by the Economist indicated Wednesday only 29 percent of Americans want to see National Security Agency contractor Edward Snowden prosecuted for stealing secrets, and 30 percent would support pardoning him.
Snowden has been in Russian exile since 2013 when he leaked hundreds of classified documents published by the Guardian, Washington Post, Der Spiegel, the New York Times and WikiLeaks. He faces two counts of violating the Espionage Act of 1917.
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It’s been over a year since my colleagues and I at the Progressive Technology Project abandoned Skype, first for IRC and soon after for XMPP. Thanks to the talented folks maintaining conversations.im it’s been a breeze to get everyone setup with accounts (8 Euros/year is quite worth it) and a group chat going.
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Civil Rights/Policing
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Next week, you are asked to reply to European Commission President Juncker’s proposal to put Commissioner Günther Oettinger in charge of supervising the EU budget and managing the Human Resources of the European Commission.
As organisations working towards equality, non-discrimination and campaigning for transparency and ethics, we do not think that Commissioner Oettinger is suitable to oversee Human Resources at the European Commission.
Commissioner Oettinger has made racist, sexist and homophobic remarks on several occasions in the past, most recently at a speech he gave in an official capacity in Hamburg on 26 October.
At this crucial moment for the EU, it is more vital than ever to have a strong and credible commitment from the European Commission to counter discrimination and act for equality for all. The Commissioner in charge of human resources must lead by example. He or she should have clear plans for action to make equality for all a reality and speak out against racism, sexism, xenophobia, homophobia and transphobia. How else would they be expected to inspire others to do the same? In our view, Commissioner Oettinger is not the right person for this task.
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Police were called to the Docentgatan street in the southern Swedish city at around 8.30pm on Tuesday after residents in the area reported hearing the sound of gunshots.
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An 18-year-old woman has been taken to hospital after she was found with gunshot wounds in the Rosengård district of Malmö in the early hours of Tuesday.
Police were called to a shooting at around 3.30am at a falafel restaurant at Västra Kattarpsvägen road in Malmö. When they arrived at the scene they found a woman with gunshot wounds.
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The image which led to the attacks on Hindus at Nasirnagar was not uploaded on Facebook from the phone used by a Hindu fisherman accused of ‘insulting Islam’, an investigation has revealed.
The image was edited on the computer used by one Jahangir Alam, a cyber cafe owner in Harinberh Bazar, according to the Police of Bureau of Investigation.
But the detectives were not sure if the same computer was used to upload it on the social media site.
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Jakarta’s Christian governor today shouted at an Islamic hardliner testifying against him in dramatic scenes at his blasphemy trial, seen as a test of religious tolerance in the world’s most populous Muslim-majority nation.
Hundreds of supporters and opponents of governor Basuki Tjahaja Purnama rowdily traded insults as they rallied outside the hearing in the Indonesian capital, with thousands of police deployed to prevent clashes.
The first Christian to govern the capital in more than 50 years, Purnama is on trial accused of blasphemy over remarks he made about the Quran while campaigning ahead of February elections for the Jakarta governorship.
Hundreds of thousands of conservative Muslims have protested against the leader, known by his nickname Ahok, in recent months in the largest demonstrations in Indonesia in years, but he denies insulting Islam and his supporters say the case is politically motivated.
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Bosnia’s main university will not hold classes during Muslim Friday prayers, prompting criticism from some that it represents a step towards Islamisation.
The University of Sarajevo this week adopted a plan to halt activities for about an-hour-and-a-half each Friday during Muslim prayers.
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Japan said on Friday it was temporarily recalling its ambassador to South Korea over a statue commemorating Korean women forced to work in Japanese military brothels during World War Two which it said violated an agreement to resolve the issue.
The two nations agreed in 2015 that the issue of “comfort women”, which has long plagued ties between the two Asian neighbors, would be “finally and irreversibly resolved” if all conditions of the accord – which included a Japanese apology and a fund to help the victims – were met.
The statue, which depicts a young, barefoot woman sitting in a chair, was erected near the Japanese consulate in the southern South Korean city of Busan at the end of last year.
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Donald Trump will soon sweep into the office of the U.S. presidency, buttressed by both houses of Congress firmly in Republican control. A wave of regressive executive orders and legislation are already being prepared to ensure that Trump’s first 100 days effectively erase the Obama presidency. Where Trump was once the most prominent “birther,” attempting to deny President Barack Obama’s legitimacy with a racist campaign accusing him of being born in Kenya, Trump now will wield a pen to legally undermine Obama’s legacy. But Barack Obama is still the president of the United States until Jan. 20, and retains the enormous executive powers that the office bestows. That is why a swelling grass-roots movement is now urging Obama to use executive clemency and the presidential pardon to protect the nation’s millions of undocumented immigrants from the mass deportations Trump repeatedly promised on the campaign trail.
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In a “truly extraordinary” and evidently unprecedented act, a former prosecutor of Native American activist Leonard Peltier, now 72, ill, and in his 41st year in prison for a shooting he has unceasingly denied committing, has joined the decades-long demands of legal experts, indigenous leaders and rights advocates to free one of this country’s most high-profile political prisoners. Peltier’s conviction stems from the American Indian Movement’s 1973 siege at South Dakota’s Pine Ridge Reservation, site of the Wounded Knee massacre of Lakota in 1890. After a long occupation protesting the federal government’s unjust treatment and broken treaties, two FBI agents and one Native American were killed. Peltier was eventually found guilty of shooting the agents, and sentenced to two life sentences.
Peltier remains in prison despite years of legal battles and repeated claims that federal agents lied, coerced witnesses and withheld evidence at his trial; ultimately, the prosecution admitted they couldn’t prove who shot the agents. Peltier attorney and former federal prosecutor Cynthia Dunne calls the FBI’s case “yesterday’s equivalent of a Trump tweet that has lasted for 40 years.” Calling his ongoing imprisonment “one of the greatest injustices in the American justice system,” Dunne and other attorneys filed a clemency request last year to President Obama in hopes he will include Peltier in a final flurry of pardons. Their plea was one of many on behalf of Peltier, from Amnesty International to Standing Rock Sioux Chief Dave Archambault. If Obama fails to act, his attorneys say Peltier will die in prison.
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Internet Policy/Net Neutrality
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AT&T has spent the last few months fending off critics of its planned $100 million acquisition of Time Warner. Most critics say the company’s ownership of Time Warner will make it harder for streaming competitors to license the content they need to compete. Others warn that AT&T’s decision to zero rate (cap exempt) its own content gives the company’s new DirecTV Now streaming TV service an unfair advantage in the market. That’s before you get to the fundamental fact that letting a company with the endless ethical issues AT&T enjoys get significantly larger likely only benefits AT&T.
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We’ve noted repeatedly how Trump’s incoming telecom advisors have made it very clear they not only want to gut net neutrality, but defund and defang the FCC. That means rolling back all manner of other recent FCC policies, like the agency’s recently approved broadband privacy rules. While ISPs and advertisers threw a collective hissy fit about the rules, they really were relatively fundamental; simply requiring that ISPs not only make it clear what’s being collected and who it’s being sold to, but requiring they provide working opt-out tools to broadband subscribers.
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Intellectual Monopolies
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Trademarks
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It bears repeating: far too many of the trademark disputes we cover here at Techdirt are in large part the fault of a USPTO all too willing to grant trademarks on terms that are overtly either broad or based on geography. One would hope that it went without saying that trademarks, designed to inform the public as to the source of the products they buy, cannot work to that end if the identifying marks are not specific or original within the marketplace. Yet the Trademark Office too often doesn’t seem to consider this when rubber-stamping applications.
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Copyrights
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Once again, we have an entity supposedly looking out for artists doing what it can to prevent artists from earning a living. This is what they won’t be able to do now, thanks to a change in the nation’s copyright law.
Blocking these societies from collecting performance royalties won’t do much for the artists signed to them. But then again, the collection societies weren’t doing much for artists in the first place. IPRS has been particularly shady. Many royalty collection societies are known for their extremely limited distribution of funds. Those that do pay out more regularly still tend to hand the bulk of it to charting artists, no matter who actually earned it.
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The lawsuit between Paramount Pictures and the crowdfunded Star Trek spin-off “Prelude to Axanar” is gearing up for a trial. This week the court ruled on motions for summary judgment from both parties. While the case could still go both ways, the court has decided that the fan-film is not entitled to a fair use defense.
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Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1960 would enter the public domain on January 1, 2017, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2056.1 And no published works will enter our public domain until 2019. The laws in other countries are different—thousands of works are entering the public domain in Canada and the EU on January 1.
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01.05.17
Posted in America, Deception, Law, Patents at 6:19 pm by Dr. Roy Schestowitz
Producing nothing, insulting everybody
Summary: A look at some of the latest spin and the latest shaming courtesy of the patent microcosm, which behaves so poorly that one has to wonder if its objective is to alienate everyone
THE patent reform in the US (AIA, especially after Alice) brought us the blessing known as PTAB, which is responsible for the immediate and permanent elimination of many software patents and the reduction in litigation. It lowered confidence in even more of these software patents (potentially hundreds of thousands of patents).
“”Idiotic”, “impotence”… what next? Will Watchtroll accuse judges and PTAB of rape and pedophilia too?”PTAB continues to scare people who made a living from software patents (not software, just patents). With his habitual insults directed at PTAB, Gene Quinn (Watchtroll) continues to fling criticisms at PTAB, bemoaning the latest decision which he summarises with the word “idiotic” in the image (and IBM’s patent chief actually boosts these people, who also attack judges! See the image at the top!).
“Idiotic”, “impotence”… what next? Will Watchtroll accuse judges and PTAB of rape and pedophilia too? Frankly, these people are a lot more rude than anything we have ever seen and some of those people actually advertise themselves as professionals. “If a machine is patent ineligible bc it is an abstract idea,” Watchtroll wrote in Twitter, “no point in keeping powder dry. The 101 fight is now.”
He wants a “fight”.
“Telling Watchtroll about software development is an exercise in futility; he doesn’t even know how software works.”Well, the Section 101 fight is over. The patent microcosm lost. Most software patents are dying and this is good because, as Benjamin Henrion put it in his reply, “patents also destroyed software development.”
Telling Watchtroll about software development is an exercise in futility; he doesn’t even know how software works. I debated this in length with him and then he chickened out, blocking me in Twitter.
Watchtroll (a front for the patent microcosm, not just one person) is now lobbying Trump to makes Patent Chaos Again (as expected, with lots more of this lobbying to come).
“These have included enabling the PTO to attack patent validity in a second window,” says the article, “attacking classes of inventions such as software and medical diagnostics…”
“PTAB is a lot more professional because these financial incentives hardly exist, which makes their staff more objective.”Nobody is “attacking” and there is no “fight”. As we pointed out here before, the attorney known as Patent Buddy uses words like “survive”, “kill” etc. rather than use terms that don’t pertain to war. The people actually call PTAB a “death squad!” Picture that for a connotation.
Here is Patent Buddy saying about the above case: “In the MRI-101 Invalidation Decision, the PTAB Reversed the Examiner finding eligibility under 103, but not 101.”
Examiners at USPTO have historically been rewarded to just award lots of patents, irrespective of quality or prior art (which can take a long time to assemble and study). PTAB is a lot more professional because these financial incentives hardly exist, which makes their staff more objective.
Earlier this week we found this lawyers’ site claiming that “[t]he tide may be turning in the Section 101 landscape and it is making waves in the patent practice area.” No, it’s not. The patent microcosm lives in wonderland and only pays attention to a few CAFC decisions that suit their agenda. The article says that CAFC’s “latest rulings on the issue—Enfish v. Microsoft Corp., BASCOM Global Internet Services v. AT&T Mobility, and McRO v. Bandai Namco Games America—possibly signal a new direction for patent eligibility in a post-Alice era. On the damages front, the U.S. Supreme Court grabbed headlines with its highly anticipated ruling in Samsung Electronics v. Apple, the first design patent case to be examined by the Court in over a century. Our panel of experts discussed these issues as well as patent trends on the horizon in 2017.”
“There’s no “win”, it’s not a game. It’s also not a “war” or a “fight”.”We actually debunked this just recently (December 27th), in relation to similar claims about CAFC cases. Less than a handful of cases (less than one hand’s fingers) don’t change years of patent invalidations, including by Judge Mayer, whom Watchtroll is insulting (see above again).
CAFC is soon going to decide whether challenging low-quality USPTO patents (through PTAB) is acceptable, says MIP, noting about a particular case that CAFC “has granted en banc rehearing in Wi-Fi One v Broadcom. The court will consider whether judicial review is available for a patent owner to challenge the USPTO’s determination that the petitioner satisfied the timeliness requirement governing the filing of IPR petitions” (these are the petitions that typically initiate invalidation by PTAB).
Regarding this new article from lawyers’ media, one person wrote, “CAFC vs. PTAB decision discrepancies: Who wins?”
There’s no “win”, it’s not a game. It’s also not a “war” or a “fight”. In fact, most of the time CAFC agrees with PTAB, so the framing of infighting is simply incorrect and inappropriate. To quote the actual article:
Apple Inc. has won at least a moral victory in a fight with the U.S. Patent and Trademark Office over touchscreen technology.
The U.S. Court of Appeals for the Federal Circuit agreed with Apple on Tuesday that the patent office failed to sufficiently explain why Apple’s method for reconfiguring touchscreen icons is unpatentable due to obviousness.
Apple applied for a patent in 2009 on its method of using a sustained touch to activate an icon, which then allows a person to drag the icon to a new location on the screen. A patent examiner found the claim obvious in light of separate prior inventions on sustained touch and dragging. Combining the two inventions “would be an intuitive way” to rearrange touchscreen icons, the examiner concluded and the Patent Trial and Appeal Board affirmed.
This is just one of those exceptions where the CAFC does not fully agree with PTAB and wants the judgment reassessed.
The bottom line is, things are progressing in a positive direction as the US patent system persists in improving patent quality. It’s well overdue. Here we have a new case which “focuses primarily on §101 issues.”
“The bottom line is, things are progressing in a positive direction as the US patent system persists in improving patent quality.”To quote: “The oral argument of the week is MACROPOINT, LLC v. FOURKITES, INC., No. 2016-1286 (Fed. Cir. Dec. 8, 2016) decided by a Rule 36 judgment.”
Those who claim that Section 101 is losing its potency or that CAFC is at war with PTAB or anything like that are being extremely dishonest and typically — if not always — they are the ones directly profiting from these misconceptions/distortions.
Watchtroll and its ilk need to go away or not be taken seriously. Time after time we have demonstrated that the site’s purpose is to attack those who don’t agree (even judges!) and sometimes to organise 'echo chamber' events so as/in which to lobby officials.
Watchtroll is to the patent world what Trump is to civilised politics. █
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Posted in America, Australia, Europe, Patents at 5:27 pm by Dr. Roy Schestowitz
Reference: Loose Patent Scope Becoming a Publicity Nightmare for the EPO and Battistelli Does a China Outreach (Worst/Most Notorious on Patent Quality)
Summary: In defiance of common sense and everything that public officials or academics keep saying (European, Australian, American), China’s SIPO and Europe’s EPO want us to believe that when it comes to patents it’s “the more, the merrier”
RECENTLY, Australia’s Productivity Commission reiterated its opposition to software patents (as before), only to face protests from the patent microcosm (also as before). The report came out so close to Christmas that not many people covered it. During the holiday TechDirt wrote that:
Back in May we were both surprised and delighted by a thorough and detailed report from the Australian Productivity Commission noting that copyright was broken and harming the public, and that it needed to be fixed — with a core focus on adding fair use (which does not exist in Australia). It similarly found major problems with the patent system. It was a pretty amazing document, full of careful, detailed analysis of the problems of both the copyright and patent systems — the kinds of things we discuss all the time around here.
TechDirt focused on copyright aspects of the output from Australia’s Productivity Commission. We already wrote about half a dozen posts about the patent aspects of the Productivity Commission’s report (May and December). The bottom line is, the Productivity Commission basically bemoans both copyright maximalism* and patent maximalism; it specifically chastises software patents. These are seen as detrimental to Australia (rightly so!).
“The bottom line is, the Productivity Commission basically bemoans both copyright maximalism and patent maximalism; it specifically chastises software patents”Look at China for a cautionary tale. It’s quickly becoming a terrible place for inventors and producers to be in. “Patent inventorship has been disputed in several recent cases in China. Wenhui Zhang reviews four court decisions that provide lessons for inventors,” MIP writes. China’s patent office, SIPO, has become the dumpster of rejected patents — the place where one is guaranteed little scrutiny and lots of cheap patents (expensive in a court where the lawyers can make a killing). The EPO is going down the same route under Battistelli, although this transition is a gradual one.
“Right now it’s risky to even look at successful applications because that leads to higher liability/damages in case of infringement.”In a later post we are going to show just how quickly patent trolls are emerging in China as a result of SIPO’s policies. It’s quite incredible, especially in light of the death of patent trolls in the US (due to patent scope restrictions, among other restrictions).
Remember how the patent system was originally, as per the history books, conceived as a way to reward inventors and for publication of inventions? Not anymore. Right now it’s risky to even look at successful applications because that leads to higher liability/damages in case of infringement. And watch what MIP is currently saying about PCT. “For many patent applicants,” it says, “the primary value of the PCT is as a delaying tactic.”
Great for productivity, eh? Not.
“As a reminder, China is now (officially!) perfectly okay even with patents on software and business methods.”“With prosecution costs being a significant contributor to the total price of obtaining patent protection,” MIP says, “applicants are well advised to make strategic decisions early on in the application process to limit costs further down the line. International (PCT) applications are known by many applicants and IP professionals as a convenient delaying tactic when considering jurisdictions in which to file applications following a first filing.”
More than half a decade ago we wrote many articles about the dangerous vision of a global (or globalised) patent system and what it would entail. Now, imagine those million plus patent applications in China (obviously low quality patents) being pointed at every single country/company in the world. As a reminder, China is now (officially!) perfectly okay even with patents on software and business methods. █
________
* The misguided idea that copyright scope, rigidness, lifetime etc. should be maximal if not infinite. This tends to promote centralisation of power/ownership, monopolisation, and harm to culture, curation, preservation, free expression, etc.
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Posted in Europe, Patents at 4:57 pm by Dr. Roy Schestowitz
Applications that belong in the wastebasket are approved to become European Patents
Summary: The problem associated with Battistelli’s strategy of increasing so-called ‘production’ by granting in haste everything on the shelf is quickly being grasped by patent professionals (outside EPO), not just patent examiners (inside EPO)
THE scandals at the EPO have not been abated, but we took a couple of days off and thus weren’t able to cover these.
The European Patent Convention (EPC), as it was put together with a vision almost half a century ago, has been thoroughly compromised. Respect for the EPC came to an end under Battistelli, who treats the EPC like Donald Trump treats the Constitution. Don’t fall for this latest spin from Battistelli’s PR department. Battistelli, a crooked boss with the temper of Donald Trump and the facial expression of Arsène Wenger, has managed to alienate just about any member of staff. He has also alienated patent attorneys and applicants. He’s now living on borrowed time and the longer he stays, the greater damage he causes.
Recently, the EPO’s legal professionals were publicly admitting the mistake of granting patents on things that European authorities explicitly and repeatedly oppose. The EPO belatedly realised that granting patents on life makes everyone angry, including many examiners. George Lucas from Marks & Clerk wrote about it today and another article on this subject was cross-posted in at least three sites of patent lawyers [1, 2, 3]. To quote the key part: “While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all patent examination and opposition proceedings in which the outcome “depends entirely on the patentability of a plant or animal obtained by an essentially biological process.” The stay was prompted by a recent Notice from the European Commission (EC) concerning Directive 98/44/EC on the legal protection of biotechnological inventions. In the Notice, the EC concluded that plants or animals derived from essentially biological processes are not patentable under the Directive. Until the EPO provides further guidance on this issue, applicants should exercise additional care in drafting the description and claims for inventions related to plants and animals.”
Yes, now they pay the price for an awful decision made years ago by the EPO.
In the US there are similarly controversial decisions about patents on nature/medicine (Merck). IP Kat has this new article today about “patents covering… claim the use of this dosage regime.” Citing the FDA, IP Watch wrote:
Biotherapeutic medicines are made out of living organisms and cannot be replicated. No generic medicines, which are exact copies of the reference product, can be made. The generic equivalent of a biotherapeutic would be biosimilars, which are highly similar products. The United States Food and Drug Administration has issued a guide to help producers to prove how close their biosimilars are to the biotherapeutics.
Typically the Boards of Appeal (probably the Enlarged one) would weigh in and make sense of it, but Battistelli’s EPO is marginalising these people. Quality control is a nuisance to one who reduces patent quality in order to reach misguided goals. See “EPO Enlarged Board Of Appeal Finds The Cure For Poisonous Divisionals”, published this week in a couple of sites for lawyers.
Citing this paper from 2015, “Comment on Enhancing Patent Quality”, someone from the EPO sphere urged us to consider the importance of patent quality. Brian J. Love from the Santa Clara University School of Law wrote in his abstract: “This Comment responds to the U.S. Patent and Trademark Office’s Request for Comments on Enhancing Patent Quality, published February 5, 2015. It proceeds in two parts. First, I share two general observations about the PTO’s current slate of New Quality Proposals: specifically, it fails to include any reforms that apply post-issue or any reforms that exercise the PTO’s fee-setting authority. Second, building on these observations and two recent empirical studies of mine, I outline two proposals that I urge the PTO to consider: specifically, an increase in maintenance fees and a decrease in fees for post-issue administrative challenges.”
We don’t expect the EPO to learn from the mistakes made by the USPTO in the past (things are improving now). In fact, things keep getting worse as Battistelli drives away a lot of staff and still expects double-digit growth (percent-wise) in the coming (current) year, as measured by the number of patents (or “products”) dealt with.
Kluwer Patent Blog, typically a mouthpiece for the UPC if not the EPO as well, is obviously aware of the EPO crisis because this year’s leading posts, as judged by number of readers, is topped by EPO (specifically the scandals) and UPC. A reader of ours “found this highly interesting post” which resembles what happened in IAM, as mentioned at the time (before Christmas) and to a lesser degree IP Watch.
It sure looks like concern about the direction the EPO has taken, also on purely technical grounds (not labour law but patent quality), is growing. Readers who didn’t read Techrights during the holiday may wish to revisit the leaked letter to Quality Support (DQS) at the European Patent Office. Now compare this to this latest puff piece from today. It says: “Complaints to the European Patent Office (EPO) are dealt with by a central EPO department known as Directorate Quality Support (DQS), which is also solely responsible for drafting and sending the official EPO response to the complainant. The default position is that both the original complaint and the reply thereto issued by DQS on behalf of the EPO are not made public, but rather are kept in the non-public part of the file to which the complaint pertains. This default position was apparently established by a decision of the President of the EPO in 2007. On the face of it, this would not appear to be a particularly contentious position, and is possibly justified given that complaints could be prejudicial to the legitimate personal or economic interests of third parties. Presumably the EPO would rather not place itself in a position of being a public outlet for any such potentially prejudicial remarks.”
As we showed here during the holiday, Directorate Quality Support (DQS) has itself become a shameful failure and utter mess. Applicants who receive such terrible service even resort to complaining to politicians, only to discover that the EPO is immune to prosecution. █
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