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07.08.15

Microsoft-Connected Anti-Google AstroTurfing Group Tries to Push Google to Web Censorship, With IDG’s Help (Plus an Attack on Free/Libre Software)

Posted in Free/Libre Software, FUD, Google, Microsoft at 8:33 am by Dr. Roy Schestowitz

IDG/CIO

Summary: CIO, a Web site of IDG, smears Microsoft’s competition by quoting sources that are closely aligned with and/or subservient to Microsoft

AN old ‘friend’, a branch of Microsoft AstroTurfing ‘Consumer’ ‘Watchdog’, has just reared its ugly head again with help from IDG‘s “CIO” (a misleading site name). Consumer Watchdog is not a watchdog and it’s not for consumers. IDG should know better than that by now. Consumer Watchdog is an attack dog and a front group against Google. Right now it complains that Google is not censoring enough (as if censorship is a good thing). Remember that censorship is not privacy and “Consumer Watchdog” cares only about making Google look bad, it never cared about privacy at all.

To quote the nonsense from IDG’s “CIO” site (neglecting to correctly identify the messenger): “Consumer Watchdog will file a complaint against Google with the U.S. Federal Trade Commission Tuesday, said John Simpson, director of the group’s Privacy Project. The complaint will ask the FTC to rule that Google, by declining to delete search engine links on request from U.S. residents, is an unfair business practice that violates the U.S. FTC Act.”

‘Consumer’ ‘Watchdog’ has a Privacy Project? That’s just hilarious. That’s would be like BP forming a “green group”. Moreover, it is hilarious that IDG covers “privacy” and pretends that it cares about the concept because CIO, for example, based on NoScript, want to run a massive number of scripts on my machine from just about thirty different domains! Holy cow! The reader is the product and browsing habits are up for sale to so many entities at the same time. The same is true for other sites of IDG (there are many of them).

“The original source of that really bad scraper site is a CIO trash opinion piece,” wrote someone to us. IDG has become complicit in lobbying and AstroTurfing, whether it realises this or not.

Another new piece of garbage came from IDG only a short while ago, quoting XenSource (Microsoft-friendly as we have shown many times in past years) as some kind of authority on FOSS. This is again mischaracterising the messenger to give the messenger undeserved credibility. That’s like calling Richard Stallman an “open core” proponent. The headline boldly states that “open source business model is a failure” and the body belatedly adds vital context to this headline: “That’s the conclusion of Peter Levine, a partner at Andreessen Horowitz, the Silicon Valley venture capital firm that backed Facebook, Skype, Twitter and Box as startups. Levine is also former CEO of XenSource, a company that commercialized products based on the open source Xen hypervisor.”

“…sites that pretend to offer ‘news’ often just treat readers (audience) as the product, selling the audience to the real client (the advertiser or agenda setter).”Levine is not a truly technical person and he ignores plenty of evidence that open source as a business model works, and often works very well. A lot of people can easily claim that the proprietary software business model is inherently flawed because very few proprietary software companies sell stuff (only a few giants do). A lot of those claiming that no open source business model can work also say FOSS is sexist, racist, not secure, brings licence/liceinsing risk, etc. — the very same things that can be said about proprietary software. If only 10% of Free/libre software companies manage to survive in the long term (based on level of sustainable income) it might not be any different, statistically, from their proprietary counterparts. The company my wife and I work for does manage to make income from Free/libre software development and maintenance. This company is far from the only one in Europe and many are doing very well. Proprietary software is not a business model. Free/libre software development is not a business model either. It’s modality of distribution/development. People buy services, not zeros and ones. For IDG to publish and republish misleading headlines like “Why the open source business model is a failure” is merely to provoke. For IDG to call ‘Consumer’ ‘Watchdog’ a “privacy group” (even in the headline) and to label censorship “right to be forgotten” is to reveal sheer bias. Remember that Microsoft is a huge client of IDG (advertising, IDC contracts and so on), so maybe we oughtn’t be very shocked by that. Here is a great new example of proprietary software advertment disguised as an article. It bashes Free/libre software as a whole, too, while promoting one particular piece of proprietary software in Computer Weekly.

Watch out what you read because there is plenty of agenda on sale everywhere. Moreover, sites that pretend to offer ‘news’ often just treat readers (audience) as the product, selling the audience to the real client (the advertiser or agenda setter). That’s their business model. Very unethical.

Openwashing of Proprietary Software With Back Doors

Posted in Microsoft, Security, Windows at 7:43 am by Dr. Roy Schestowitz

A game of perception alternation

“Well, it’s in the brand. The image you create around the brand. That’s why I need you in this company. Because nobody in this company, or in this industry, really understands that. And if we can have the perception, I can create the reality. With the combination of the reality and the perception, nobody will ever beat us.”

Bill Gates

Summary: More AstroTurfing for Vista 10, including shameless promotion of the mere perception of it being ‘open’ and ‘secure’

THINGS must be working out pretty well for Microsoft’s PR agencies when/if even some Linux sites are willing to promote the NSA-friendly (hyper-visor runs only on Windows) Hyper-V. This is a little frustrating because it is not hard to see what it’s all about for Microsoft, whose software is made insecure by design. As FOSS Force put it the other day:

I assume that most enterprise users of Microsoft products already know not to trust Redmond to handle Windows’ security. I worry, however, about the poor consumer who plops a thousand dollars down for a laptop, and thinks it’s just fine to stop in to use the free Wi-Fi at Mickey Dee’s for a quick check of the bank account while being protected by nothing more than the best Redmond has to offer.

It looks like Vista 10 will remain as flawed and inherently insecure and its predecessors, no matter how much AstroTurfing Microsoft does (it gets worse by the day, as perception changing is the goal with official release day imminent) and how much openwashing Microsoft constantly does. It’s hard to keep up with the propaganda and refute it quickly enough.

Yesterday we spotted Microsoft’s propaganda channel (Channel 9) brainwashing Microsoft staff and readers of Channel 9, implicitly telling them that Visual Studio “open source”. Openwashing of SAP [1] and Apple [2] (below) could also be found in the news yesterday, so not only Microsoft does this. Remember that both companies were asked (if not demanded) by Russia to reveal their source code last year, for fear of back doors. We don’t know if SAP and Apple ever complied.

Related/contextual items from the news:

  1. SAP’s commitment to open source is paying off

    SAP SE is dedicated to helping businesses respond to market demands around the clock, according to Steve Lucas, president of Platform Solutions at SAP. Its partnership with Red Hat, Inc. is a key part of its strategy. In an interview with theCUBE at RedHat Summit, Lucas explained further.

  2. More Big Name Technology Corporations Are Going Open Source

    Recently, Apple released its programming language, Swift 2, to the public. By releasing Swift to the open source community, Apple is giving software developers more access to and control over the programming language. This release opens up a myriad of exciting possibilities for application development, software advancements and increased functionality.

Europe Goes Down a Dark Route When It Comes to Patent Scope and Centralisation

Posted in Apple, Europe, Patents at 7:19 am by Dr. Roy Schestowitz

Who’s copying who?

Bush visits Brussels

Summary: Europe is being drained by the patent industry (lawyers, judges, etc.) while the US gradually takes on the problem

“So Software isn’t Patentable in the EU but the EPO is ignoring the Law?”

That’s a comment made the other day by “AntiSoftwarePat” over at Twitter. Well, we have already shown many other instances where the EPO ignores the lawknowingly too — including the extension of patent scope (in order to artificially elevate patents count).

The Unitary Patent will take expansion of patent scope even further, transcending borders. “UK Unitary Patent ratification before Brexit referendum, Mr Cameron is taking risks by giving EU super patent powers,” wrote the FFII’s President regarding this new article about UK-IPO. “In a statement sent to Out-Law.com,” said the author, “the IPO ruled out ratification of the Agreement this year but said that it intends to complete the “domestic preparations” for ratification ahead of the UK referendum on whether the country should remain in the EU, which is scheduled for some time in 2017.”

So they are jumping the gun. The public isn’t even taken into account.

“Hey, let’s patent life,” some folks may think (they can make a lot of money from that). According to this article from a London-based blog of lawyers, “Life sciences come to life again, this time in Berlin”. To quote: “Arrangements are now being made for the training of judges, the provision of court facilities and the projecting of existing patenting and dispute resolution techniques on to a fresh canvas. This is a scenario in which the accumulated experience, knowledge and wisdom of the life science sector cannot be relied upon in the absence of rigorous double-checking against a new framework for patenting, new litigation rules and — this is going to hurt the most — a set of complex transitional provisions.”

This shows that Europe is rushing (even fast-tracking) these expansions without public consent. While the US is narrowing down patent scope, Europe seems to be expanding patent scope.

A new article from the US (CBS) asks: “What would ‘real’ patent reform look like?”

The author correctly points out that “last year, the US Supreme Court issued a number of patent-related decisions that drew modest limits around both the process and substance of newly created categories of patents, including for software and business methods. Courts and the Patent Office became more aggressive about rejecting or overturning applications that should never have been granted. As a result, the overheated market for low-quality patents collapsed.”

The whole patent system in its current form is so utterly corrupt, biased and inherently protectionist (that’s just its goal, not publication). Too few people are willing to say that. Watch what Apple is patenting right now [1, 2]. It’s computer vision, i.e. software patents, on selfies! Will Europe go down the same abyss? hopefully not. European citizens need to educate themselves about what today’s patent system really is and who it benefits.

Red Hat and NSA: This is Not News

Posted in GNU/Linux, Red Hat, Security at 6:47 am by Dr. Roy Schestowitz

Red Hat and back doors: poll from FOSS Force

Red Hat poll

Summary: The return of XKEYSCORE to some media outlets (not news anymore) brings us back to debating Red Hat’s role (also not really news)

QUITE a few sites (see [1-3] below) seem to be talking about Red Hat’s special (but no longer secret) relationship with the NSA, which is not at all news. The NSA uses a lot of RHEL (and also Fedora) on some malicious spying equipment, based on various NSA leaks. We already wrote a great deal about this back in 2013 [1, 2, 3, 4]. The only new thing we learn from the latest articles is that Red Hat continues to refuse to remark on the subject, even when asked by journalists (see the first article below).

Related/contextual items from the news:

  1. NSA runs its spying activities on Red Hat Linux

    A little over two years ago, the first disclosures about the massive surveillance operation being carried out by the NSA were made in the Guardian, thanks to an intrepid contractor named Edward Snowden.

    Now comes the rather disturbing information that the NSA runs its XKEYSCORE program — an application that the Intercept, the website run by journalist Glenn Greenwald, describes as NSA’s Google for private communications — for the most part on Red Hat Linux servers.

  2. Evil NSA runs on saintly Linux, Apache, MySQL

    If report is correct, Red Hat’s marketing department has a very tricky customer reference

  3. Red Hat Used by NSA Spies, SELinux Possibly Bypassed

    SELinux is a product of the NSA and some worried when it was added to Red Hat, Fedora, and later many other distributions. Even before Snowden revealed the massive government spying, having the NSA anywhere near Linux activated certain Spidey-senses. Now we learn that SELinux may have had an exploit for bypassing the security enforcements. Italian software company Hacking Team, who admits to providing “technology to the worldwide law enforcement and intelligence communities,” has been selling technology to governments (most with bad human rights records) to assist in gathering surveillance data on citizens, groups, journalists, and other governments. Recently Hacking Team was hacked and their information has been leaked onto the Internet. Besides the SELinux exploit, it’s been reported that the FBI, U.S. Army, and the Drug Enforcement Agency are or were customers of Hacking Team’s services.

Links 8/7/2015: Kali Linux 2.0, Canonical and Lenovo

Posted in News Roundup at 6:44 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • 10 compelling reasons to consider open source for your enterprise storage needs

    Enterprise needs are a different beast from those of SMBs. Few areas define this as clearly as storage. Instead of storing a few hundred gigabytes, you’re looking at terabytes and maybe even petabytes. Failover, redundancy, security, backups—all essential when it comes to enterprise storage.

    You might think the only viable solutions for such tasks are proprietary solutions. Fortunately, for businesses and those working within them, that assumption is incorrect. Open source has come a long way and now powers the backbone of enterprise computing—and that includes storage. Don’t believe me? Take a look at the following 10 reasons why open source could be the right storage solution for your organization.

  • How designers can contribute to open source

    We all know that open source software isn’t always pretty. Una Kravets, a front end developer at IBM, will be speaking at OSCON this year about getting more designers involved in our projects. While it’s easy for developers to see that working together produces better software, it’s not always that way for designers who are trained to work alone. I had the chance to interview Una about open source, design, and her upcoming talk.

  • Interview with Roberto Galoppini of SourceForge

    I’ve been involved with open source software since 1994. At that time I was working for a solution provider, and a customer asked us to implement a seamless authentication system for mobile users. Neither RADIUS or TACACS met our needs, and we had to build a custom solution. Luckily enough, we didn’t need to start from scratch, as we were able to borrow some open source code.

  • Google Open Sources Deep Learning AI Tool
  • Events

    • Open source event planning is work, fun, and good for business

      In addition to picking up technical skills, networking, and learning about products and services in the expo, OSCON attendees can learn practical community-building tricks. In this interview, Kara Sowles (community initiatives manager at Puppet Labs) and Francesca Krihely give advice for hosting a community event. They’ll be teaching a half-day tutorial on planning and running tech events at OSCON 2015 in Portland.

  • Web Browsers

    • Mozilla

      • Education is crucial to building an open web

        Emma Irwin is a participation designer at Mozilla who dedicates a lot of volunteer time to educating and empowering adults and youth on the web through making. She has a background as web developer and lives in a small Vancouver Island town with her husband and three daughters.

      • Firefox 40.0 Beta 1 Brings Linux Specific Improvements

        As you may already know, Firefox is being developed on three separate channels. First, the features are implemented in the developer branch, they reach the beta channel when enough tests have been performed and finally, some of the new features from the betas get included in the stable version of Firefox.

        Recently, Firefox 40.0 Beta 1 has been released, bringing improved scrolling, graphics and video playback performance for Linux. And Mozilla claims that this improvements are Linux specific.

      • Mozilla Plans To Rewrite Its XUL-Written UI In HTML, CSS And JavaScript
      • Big changes are coming to Firefox to win back users and developers

        Firefox is about to undergo some dramatic changes, according to Mozilla. Most notably, it sounds like future versions of Firefox will focus on Firefox-esque features such as Private Browsing Mode, while features that are unpolished or otherwise not very useful will be stripped out of the browser entirely. Furthermore, it looks like Mozilla is finally getting serious about moving Firefox away from XUL and XBL, though it isn’t clear if they will be replaced with open Web technologies (HTML, CSS, JS) or native UI.

      • Will Firefox changes win back users and developers?

        Firefox has gone through a rough time over the last couple of years, with increased competition from Chrome and other browsers. Now the browser’s developers are planning big changes to Firefox. Will these changes win back users and developers who have abandoned Firefox?

  • SaaS/Big Data

    • OpenStack Meiji 明治 Set to Succeed Liberty

      The next major OpenStack cloud platform release is set to debut in October and is codenamed : Liberty but what follows Liberty? OpenStack Foundation members have voted and the winning name is Meiji.

  • Databases

    • Open-Source Databases Pose a Threat to Oracle’s Dominance

      In June, Bloomberg conducted a survey of 20 startups valued at $1 billion or more, reporting, “None of the companies surveyed indicated they had a large Oracle database deployment for their main services though many used bits of Oracle software to run aspects of their organizations.”

Leftovers

  • Security

    • OpenSSL tells users to prepare for a high severity flaw

      Server admins and developers beware: The OpenSSL Project plans to release security updates Thursday for its widely used cryptographic library that will fix a high severity vulnerability.

      OpenSSL implements multiple cryptographic protocols and algorithms including TLS (Transport Layer Security), which underpins encryption on the Web as part of protocols like HTTPS (HTTP Secure), IMAPS (Internet Message Access Protocol Secure) and SMTPS (Simple Mail Transfer Protocol Secure).

    • The Mob’s IT Department

      A few days earlier, small USB drives had been inserted into the company’s computers. They were programmed to intercept the nine-digit PINs that controlled access to DP World’s shipping containers. Besides fruit, metals, and other legitimate cargo, some of these containers carried millions of euros in heroin and cocaine. To get their drugs out of the port, often traffickers use low-tech methods: They hire runners to jump fences, break open containers, and sprint away before guards can catch them, earning as much as €10,000 ($11,200) a trip. Stealing PIN codes is more elegant and less risky. Whoever has the codes can pull into the terminal, enter the PIN into a keypad, wait as robot-controlled loaders put the container on their truck, and drive off—sometimes minutes ahead of the cargo’s legitimate owner.

      [...]

      There was only one condition of the release: Van De Moere had to give Okul an intensive training session on Linux, the operating system on which Metasploit, the hacking software, is based. A few weeks later, according to police and interviews, he did so over one weekend at a Holiday Inn in Ghent. In November, Van De Moere returned two antennas and had a couple of beers with Okul. That was the last either man would see of the Turks.

    • Anti Evil Maid 2 Turbo Edition

      Joanna Rutkowska came up with the idea of Anti Evil Maid. This can take two slightly different forms. In both, a secret phrase is generated and encrypted with the TPM. In the first form, this is then stored on a USB stick. If the user suspects that their system has been tampered with, they boot from the USB stick. If the PCR values are good, the secret will be successfully decrypted and printed on the screen. The user verifies that the secret phrase is correct and reboots, satisfied that their system hasn’t been tampered with. The downside to this approach is that most boots will not perform this verification, and so you rely on the user being able to make a reasonable judgement about whether it’s necessary on a specific boot.

  • Defence/Police/Secrecy/Aggression

    • Israeli Soldiers Break Their Silence on the Gaza Conflict

      Of all the voices challenging the Israeli military’s occupation of the Palestinian Territories, those of Israeli soldiers stand out as powerful insights from within the military establishment.

      Avner Gvaryahu is director of public outreach for Breaking the Silence, a group of Israeli veterans who are working to dismantle the traditional narrative put forth by their own military establishment. The former soldiers founded the organization in 2004 after realizing they shared deep misgivings about what they had seen and done while serving in the Occupied Palestinian Territories. They felt a moral obligation to present the truth, and over the past decade, they have collected, fact-checked, and published over a thousand testimonies from soldiers of ranks high and low. These testimonies reflect a deterioration of moral standards and worrying shifting of the rules of engagement. Through lectures, reports, and other public events, Breaking the Silence has brought to light what so many try to ignore: the grim reality of what it takes to sustain a military occupation of an entire population.

    • The Spiral of Despair

      We have companies that recruit and control active armies of mercenaries, which are responsible for thousands of deaths overseas. I detest the violence of “ISIS” but it is not morally different from Executive Outcomes machine gunning villages from helicopters in Angola or from Aegis killing random vehicle occupants in Iraq who happened to be near their convoys. Yet Tony Buckingham and Tim Spicer became extremely rich after founding their careers on the latter killings, and now are respected figures in the London establishment. Apparently killing for money is good; only killing for religion is bad.

  • Finance

    • Greek banks prepare plan to raid deposits to avert collapse [scare tactics before the referendum]

      Greek banks are preparing contingency plans for a possible “bail-in” of depositors amid fears the country is heading for financial collapse, bankers and businesspeople with knowledge of the measures said on Friday.

    • Slavoj Žižek on Greece: This is a chance for Europe to awaken

      The unexpectedly strong No in the Greek referendum was a historical vote, cast in a desperate situation. In my work I often use the well-known joke from the last decade of the Soviet Union about Rabinovitch, a Jew who wants to emigrate. The bureaucrat at the emigration office asks him why, and Rabinovitch answers: “There are two reasons why. The first is that I’m afraid that in the Soviet Union the Communists will lose power, and the new power will put all the blame for the Communist crimes on us, Jews – there will again be anti-Jewish pogroms . . .”

    • “A Europe of Equals”: Report from Athens as Greek Voters Seek Alternatives to Austerity

      Greek Prime Minister Alexis Tsipras has arrived in Brussels for an emergency eurozone summit two days after Greek voters overwhelmingly turned down the terms of an international bailout in a historic rejection of austerity. On Sunday, Greeks, by a 61-to-39-percent margin, voted against further budget cuts and tax hikes in exchange for a rescue package from European creditors. Tsipras is scrambling to present a new bailout proposal as Greek banks remain shut down. If Greek banks run out of money and the country has to print its own currency, it could mean a state leaving the euro for the first time since it was launched in 1999. Euclid Tsakalotos was sworn in Monday as Greece’s new finance minister, replacing Yanis Varoufakis, who resigned following Sunday’s referendum. Tsakalotos, who has called for a “Europe of equals,” had served as Greece’s main bailout negotiator and has been a member of Syriza for nearly a decade. Like Varoufakis, Tsakalotos has been a vocal opponent of fiscal austerity imposed by the core of the eurozone, saying it has unnecessarily impoverished Greece. We go to Athens to speak with Paul Mason, economics editor at Channel 4 News, and economics professor Richard Wolff.

    • How the media discredit Greek democracy

      The EU elites, referred to as “creditors” but actually representing Europe’s large financial institutions, are repeatedly described as “mainstream”. That is presumably supposed to confer legitimacy on them and suggest they represent Europe and Europeans. But there is nothing “mainstream” about these unaccountable elites trying to bring about “regime change” in Greece by bleeding the country of hope. If they succeed and Syriza goes down, Greece will end up with real extremists – either the neo-Nazis of Golden Dawn or the country’s crony elites who got Greece into this mess, with the aid of the wider European elites, in the first place. What “mainstream” opinion in the rest of Europe thinks about Greece, Syriza or the European project is impossible to gauge because most European countries are too terrified to put such questions to their electorates in the way Syriza has done. – See more at: http://www.jonathan-cook.net/blog/2015-07-06/how-the-media-discredit-greek-democracy/#sthash.XwlWGfHp.dpuf

  • PR/AstroTurf/Lobbying

    • Lobbying’s ex-files

      Several former commissioners are making the most of their status to gain access to EU policymakers.

  • Censorship

    • Appeals judges hear about Prince’s takedown of “Dancing Baby” YouTube vid

      A long-running copyright fight between the Electronic Frontier Foundation and Universal Music over fair use in the digital age was considered by an appeals court today, a full eight years after the lawsuit began.

      EFF and its client Stephanie Lenz sued Universal Music Group back in 2007, saying that the music giant should have realized Lenz’s home video of her son Holden dancing to Prince’s “Let’s Go Crazy” was clearly fair use. Under EFF’s view of the Digital Millennium Copyright Act, Universal should have to pay damages for a wrongful takedown.

  • Privacy

    • New Dutch law would allow bulk surveillance, compelled decryption

      The Netherlands has launched a public consultation (in Dutch) on a draft bill (Google Translate) that updates the country’s existing Intelligence & Security Act of 2002. The proposed bill is wide-ranging, covering things like the use of DNA samples and the opening of letters, but a key part concerns the regulation of bulk surveillance online. As Matthijs R. Koot explains in a blog post, under the new law, mandatory cooperation will be required from “not only providers of public electronic communications networks and services, but also providers to closed user groups, including telcos, access providers, hosting providers and website operators.”

      Importantly, domestic interception is explicitly allowed: “The services are authorized to, using a technical aid, wiretap, receive, record and listen to any form of telecommunications or data transfer via an automated work [a computerised system] regardless of location.” However, a new constraint on bulk collection is introduced: all such interceptions must be conducted in a “purpose-oriented manner.” As Koot notes, this aims to “limit the hay stack created using non-specific interception to relevant information,” although it is not yet clear how broad those “purposes” can be.

    • UK and US demands to access encrypted data are ‘unprincipled and unworkable’

      Influential group of international cryptographers and computer scientists says proposals will open door to criminals and malicious nation states

    • Hacking Team Asks Customers to Stop Using Its Software After Hack

      After suffering a massive hack, the controversial surveillance tech company Hacking Team is scrambling to limit the damage as well as trying to figure out exactly how the attackers hacked their systems.

    • Eric Holder: The Justice Department could strike deal with Edward Snowden

      Former Attorney General Eric Holder said today that a “possibility exists” for the Justice Department to cut a deal with former NSA contractor Edward Snowden that would allow him to return to the United States from Moscow.

    • Wetware: The Most Important Trend in Malware

      The number of vulnerabilities in the wild is growing. The number of exploits, as well as the speed of those exploits — in the case of Heartbleed, only four hours from the publication of the vulnerability to a circulating exploit — is somewhat disheartening, if not all that surprising.

  • Internet/Net Neutrality

    • The Long Slow Death of IPv4

      Last week my inbox got flooded by PR comments about how the Internet was running out of addresses, as ARIN (American Registry of Internet Numbers) and its public relations people were warning about IPv4 address availability.

07.07.15

Alice Case Beats Microsoft Patent Troll, USPTO Director Michelle Lee Wants Reform

Posted in America, Microsoft, Patents at 6:57 am by Dr. Roy Schestowitz

USPTO panel

Summary: Latest developments surrounding software patents and patent trolls in the United States

For somewhat of a change, today we have some good news. Amid complaints about the patent system (see for example “Patent abuse hurts in Lansing, nation”) the USPTO‘s Michelle Lee, whom we wrote about before [1, 2, 3, 4, 5], remarks on patent reform at The Center for Strategic and International Studies (CSIS) Patent Reform Forum. She said that “there are certain changes that only Congress can make via legislation. Which is why I’m pleased that patent litigation reform legislation is currently moving forward.”

“Legacy of software patents may be short-lived if this carries on.”But with or without a reform (Congress involvement), there are changes that are made at the courts. According to patent lawyers and the pro-patents circles (even lawyers’ sites), “the Federal Circuit has affirmed that Intellectual Ventures’ asserted patent claims are invalid for lacking eligible subject matter. Intellectual Ventures v. Capital One (Fed. Cir. 2015) (Patent Nos. 8,083,137, 7,603,382, and 7,260,587).”

This is Microsoft’s patent troll, which also attacks Android/Linux these days. “The Federal Circuit on Monday rejected patent licensing giant Intellectual Ventures Management LLC’s bid to overturn the invalidation of several online banking patents it asserted against Capital One Financial Corp., saying they cover abstract ideas under the standard set by the U.S. Supreme Court’s landmark Alice ruling.”

What we have here is Alice vs. Microsoft’s main troll and the ruler, surprisingly enough, is the court most friendly towards software patents (and their originator). This is pretty big news. Those who celebrate it are on a roll. “Matthew Moore argued three Federal Circuit appeals in a single week in May,” says The Recorder. “He won all three cases.” See page two of the original decision [PDF] to see Moore’s involvement in this case. These people now know how to kill software patents even in the most hostile environment (CAFC). Legacy of software patents may be short-lived if this carries on.

On the other hand, Newegg, which was hit with millions in ‘damages’ due to software patents, finds out that it is unable to appeal. As a trolls expert put it: “Online retailer Newegg has developed a reputation for taking on so-called “patent trolls,” even when that means going through lengthy litigation and unpredictable jury trials.

“The company’s last patent trial concluded in November 2013, when Newegg faced off against a patent troll called TQP Development. TQP used US Patent No. 5,412,730 to make a vast claim to basic Internet encryption technologies, saying that anyone using the common combination of SSL and the RC5 encryption algorithm was infringing. By the time of the trial with Newegg, TQP had sued more than 120 companies and earned $45 million in settlement payments.”

This comes after a 20-month delay, so it basically predates the SCOTUS ruling regarding Alice — a ruling that would have possibly helped Newegg win this case.

Links 7/7/2015: Lenovo ThinkPad With GNU/Linux, More Containers Hype

Posted in News Roundup at 5:45 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Why we changed our software from proprietary to open source

    Why would a software company choose to change its product from proprietary to open source? It turns out there are many good reasons, says Dan Mihai Dumitriu, CEO and CTO of networking software company Midokura. In this interview with The Enterprisers Project, Dumitriu explains the benefits.

  • Should open source leaders go native?

    Anthropologists who traveled to the jungle to study various tribes would debate (half jokingly) whether to “go native”—that is, whether to adopt the lifestyle of the people they were trying to understand, or to keep their distance (and scientific objectivity). It was a research design choice, but also a fundamental choice about one’s identity as a more-than-interested visitor.

  • Plant volunteers, grow an organization: an interview with Stormy Peters

    Stormy Peters and Avni Khatri will present Grow an organization by planting volunteers at OSCON 2015. Peters is the vice president of technical evangelism at the Cloud Foundry and Khatri is president of Kids on Computers. In this talk, they share their experiences and lessons for growing a healthy garden of volunteers.

  • What is upstream & downstream software?

    This question came up during conversations with Red Hat’s Chris Wright, a Linux kernel developer and a principal software engineer with the company.

    Of course, in non-tech business speak, upstream tends to refer to production processes that involves searching for (and extracting) raw materials — in software, this is not the case.

  • Web Browsers

  • SaaS/Big Data

  • Oracle/Java/LibreOffice

    • LibreOffice 5.0: A Unique Release

      LibreOffice 5.0 is planned for release in early August and today Charles H. Schulz said this is “an unique release.” When it comes to features and styles Schulz said the broad range of changes and improvements will be easily visible to the user. With things like the Breeze iconset, enhancements to the sidebar, and improved menus “this is a very special and exciting release.”

  • CMS

    • ECM Buyers and the Open Source Question

      It sparked a heated debate. At that point, Open Source Software (OSS) wasn’t as widely received in the enterprise as it is today and many thought that its perceived advantage was limited to price (as in “it’s free software”).

  • Business

    • Openwashing

      • SAP’s commitment to open source is paying off

        SAP SE is dedicated to helping businesses respond to market demands around the clock, according to Steve Lucas, president of Platform Solutions at SAP. Its partnership with Red Hat, Inc. is a key part of its strategy. In an interview with theCUBE at RedHat Summit, Lucas explained further.

      • More Big Name Technology Corporations Are Going Open Source

        Recently, Apple released its programming language, Swift 2, to the public. By releasing Swift to the open source community, Apple is giving software developers more access to and control over the programming language. This release opens up a myriad of exciting possibilities for application development, software advancements and increased functionality.

  • Project Releases

  • Public Services/Government

    • EC publishes open source code of legislation editor

      The European Commission is about to make available as open source a prototype of LEOS, a software solution for drafting and automatic processing of legal texts. The software currently supports legal texts issued by the EC, yet can be extended to support other legislative processes.

  • Openness/Sharing

Leftovers

  • Hardware

  • Defence/Police/Secrecy/Aggression

    • Hillary Clinton: “If I’m President, We Will Attack Iran”

      She endorses using cluster bombs, toxic agents and nuclear weapons in US war theaters. She calls them deterrents that “keep the peace.” She was one of only six Democrat senators opposed to blocking deployment of untested missile defense systems – first-strike weapons entirely for offense.

    • Laos After the Bombs

      From 1964 to 1973, the US dropped two million tons of bombs on Laos. The horrendous effects are still being felt.

  • Environment/Energy/Wildlife

  • Finance

    • Ecuador Fights for Survival – Against its Elites

      It is great news for majority of Ecuadorian citizens – but terrible nightmare for the ‘elites’.

      They no longer feel unique, no longer is this country their huge, private playground and a milking cow. The ‘elites’ still have money and their villas, as well as servants, luxury cars and regular trips to those lands they are faithfully serving – North America and Europe.

      But their status is diminishing. No longer they feel admired, no longer they are feared. Increasingly they are forced to play by rules and to respect local laws. That would be unimaginable just ten years ago. For some, this is the end of the world!

      The rich, the ‘elites’, are sour losers. In fact, they have no idea how to accept defeat. Never before in the history of this country they actually had to. To them this is new reality, this nation ruled by the government, which is working on behalf of the people. The ‘elites’ feel let down, cheated, even humiliated. They have no idea how to respect democracy (rule of the people). They only know how to make decisions, and to give orders, and to loot.

      This could lead to inevitable conflict, and Ecuador is not an exception. To greater or smaller extend, the same is happening in Venezuela, Bolivia, Brazil, Argentina, Uruguay and even in Chile. Immediately after people vote a socialist government in, immediately after the government begins working for the majority, the elites start reacting. Their goal is clear and predictable: to discredit the administration and to reverse the course.

    • Varoufakis resigns as Greek finance minister ‘to aid deal’

      After securing a ‘no’ vote at Greek referendum on bailout, Finance Minister Yanis Varoufakis resigned, saying it would help Prime Minister Alexis Tsipras negotiate a better deal with foreign creditors.

    • After Greece Cuts a Quarter of Its Budget, WaPo Asks if It’s Willing to ‘Trim Spending’

      So from 2010 to 2015, Greece has cut government spending from roughly 13 billion euros to 10 billion euros–a cut of 23 percent. Unsurprisingly, this has had a devastating effect on Greece’s economy, with unemployment stuck above 25 percent since the end of 2012.

      In the Washington Post‘s eyes, though, Greece has not yet demonstrated the willingness to “trim its spending” that would merit a bailout.

    • Bail-Out or Sell-Out?

      I think the lesson from this is that the 21st Century corporate and banking state is beyond amelioration. Any change needs to be a fundamental challenge to the system. It will seem strange to future generations that a system developed whereby middlemen who facilitated real economic transactions by handling currency, came to dominate the world by creating a mathematical nexus of currency that bore no meaningful relationship to real movements of commodities.

  • Censorship

    • Reddit users want CEO Ellen Pao fired

      Reddit has been on a very rocky road lately, and now some of the site’s users are demanding that CEO Ellen Pao be replaced. The petition to remove Pao follows the CEO’s decision to remove popular Reddit employee Victoria Taylor.

    • Reddit CEO Pao Under Fire as Users Protest Removal of Executive

      More than 130,000 people have signed a petition demanding the removal of Ellen Pao, Reddit Inc.’s interim chief executive officer, after she dismissed an executive and was accused of censoring online message boards.

  • Privacy

    • The Shocking Scope of the NSA’s XKEYSCORE Surveillance

      Every time anyone uses a computer to send an e-mail, watch a video, do a Google search, or update a Facebook status, the National Security Agency (NSA) is probably collecting and collating that activity on one of its many servers.

      XKEYSCORE — the codename of the computer code used by the NSA to perform these actions — is massive and more intrusive than most people understand.

    • Hacking Team hacked, attackers claim 400GB in dumped data

      On Sunday, while most of Twitter was watching the Women’s World Cup – an amazing game from start to finish – one of the world’s most notorious security firms was being hacked.

    • Sloppy Cyber Threat Sharing Is Surveillance by Another Name

      Imagine you are the target of a phishing attack: Someone sends you an email attachment containing malware. Your email service provider shares the attachment with the government, so that others can configure their computer systems to spot similar attacks. The next day, your provider gets a call. It’s the Department of Homeland Security (DHS), and they’re curious. The malware appears to be from Turkey. Why, DHS wants to know, might someone in Turkey be interested in attacking you? So, would your email company please share all your emails with the government? Knowing more about you, investigators might better understand the attack.

    • Lawmakers want Internet sites to flag ‘terrorist activity’ to law enforcement

      Social media sites such as Twitter and YouTube would be required to report videos and other content posted by suspected terrorists to federal authorities under legislation approved this past week by the Senate Intelligence Committee.

      The measure, contained in the 2016 intelligence authorization, which still has to be voted on by the full Senate, is an effort to help intelligence and law enforcement officials detect threats from the Islamic State and other terrorist groups.

  • Civil Rights

    • Leaked Documents Show FBI, DEA and U.S. Army Buying Italian Spyware

      The FBI, Drug Enforcement Administration and U.S. Army have all bought controversial software that allows users to take remote control of suspects’ computers, recording their calls, emails, keystrokes and even activating their cameras, according to internal documents hacked from the software’s Italian manufacturer.

  • Internet/Net Neutrality

    • Loose words sink EU net neutrality bill

      EU officials jubilantly announced a deal on setting internet rules and ending roaming surcharges early Tuesday morning but the details of the deal contain several loose ends.

    • The Privatization Of The Internet

      Remarkably, this buyout of cyberspace has garnered almost no protest or media attention, in contrast to every other development in cyberspace such as the Communications Decency Act, and cyberporn. What hasn’t been discussed is the public’s right to free speech in cyberspace. What is obvious is that speech in cyberspace will not be free if we allow big business to control every square inch of the Net.

  • Intellectual Monopolies

    • Copyrights

      • Israeli Court Lifts Ineffective Popcorn Time Ban

        Israeli Internet providers are no longer required to block access to Popcorn Time websites. A District Court has lifted a preliminary injunction arguing that access restrictions are ineffective. The decision is a major disappointment for the local anti-piracy outfit ZIRA, which was also ordered to pay the legal fees of one of the ISPs.

07.06.15

There is No ‘New Microsoft’: Under Nadella, Patent Extortion Against Linux/Android Carries on

Posted in Site News at 5:53 am by Dr. Roy Schestowitz

Kyocera

Summary: Kyocera is again being targeted by Microsoft, using patent aggression, with a secret settlement being reached whose negative impact on Android remains to be seen

AS LONGTIME readers may recall, back in 2007 Microsoft picked Kyocera for its anti-Linux patent campaign, leading us to years of research and protests, even when Kyocera adopted Android, only to be sued by Microsoft earlier this year (with ‘partners’ like these, who needs enemies?). Kyocera is not “just peanuts”; despite not being so well known in Western nations, this is a company with 68,185 employees (not much smaller than Microsoft, which is still on the process of shrinking based on what I privately get told by Microsoft staff).

“Kyocera is not allowed to speak about what Microsoft did to it, for that might damage Microsoft’s reputation or harm Microsoft’s future efforts to blackmail other companies using patents.”US News has this new article titled “Microsoft Seeks a Comeback – But Is It Too Late?” The article alleges that Microsoft is falling way behind Google/Android/Linux. No wonder Microsoft is has been in layoffs mode for half a decade or so, with pace of layoffs increasing over time. Microsoft is now relying more and more on patents; Kyocera is a victim again, as this time it actually fought in court (unlike that time in 2007 where it just bent over).

According to Tech Times, there has just been a secret settlement with all details unknown. Kyocera is not allowed to speak about what Microsoft did to it, for that might damage Microsoft’s reputation or harm Microsoft’s future efforts to blackmail other companies using patents.

“A few months ago,” Tech Times wrote, “Microsoft filed a lawsuit against Kyocera, claiming that three Android smartphones from the Japanese company violated seven Microsoft patents. The smartphones in question were the Duraforce (pictured), Brigadier and Hydro. The patents, meanwhile, cover a wide range of mobile technologies that Microsoft alleged the Android devices violated.

“Microsoft has dozens of licensing agreements in place with Android OEMs, including Samsung, but it will not back out of a litigation if it doesn’t reach an amicable agreement. Microsoft went after Kyocera in March, asking a Seattle court for a U.S. sales ban on the three phones that infringed its patents.”

Microsoft is euphemistically calling racketeering “Technology Sharing Agreement” in its short press release. To quote the Microsoft press release: “In addition to strengthening the partnership between the two companies, it also resolves a patent-infringement lawsuit brought earlier this year in U.S. District Court. The remaining details of the agreement are confidential.”

The words “strengthening the partnership” serve to insinuate that Microsoft uses patent pressure (and rising litigation costs) to coerce Kyocera into becoming Microsoft’s vassal, just as Microsoft did to Samsung shortly before suing Kyocera (March 2015).

The Samsung settlement had conditions from Microsoft, essentially turning Samsung’s Android devices into “Microsoft Android” devices (this has actually been confirmed since the settlement, after mere speculations and rumours). So, there is nothing peaceful about it. This is blackmail. The loaded gun of the Mafia in this case is a pile of patents, usually software patents.

Tech Times does not cover any of this, but the report concludes with: “It remains unclear, however, just how much Kyocera will pay to use Microsoft’s patents.”

So it is possible that Microsoft got Kyocera to pay Microsoft for Android and also preinstall Microsoft malware on future Kyocera handsets. How nice of Microsoft… what a peaceful company.

Looking for any additional takes on this, we only found a proponent of software patents (“AmeriKat”) commenting poorly in a lawyers’ blog. Remarking on these attacks on Android, he wrote that “Kyocera follows Barnes and Noble, Foxconn, Invetec and Samsung in the line of companies that have recently settled with Microsoft.”

“It’s about Microsoft forcing companies to turn to Windows or “Microsoft Android”, making malware with surveillance (spyware) mandatory installed apps.”It’s hardly a settlement. It’s extortion. Microsoft essentially killed Barnes and Noble by tilting it in Windows’ direction in exchange for a so-called ‘settlement’ (we wrote a lot about this) and Samsung did this in exchange for becoming courier of Microsoft rather than an Android company. Kyocera may turn out to be just more of the same. It’s about Microsoft forcing companies to turn to Windows or “Microsoft Android”, making malware with surveillance (spyware) mandatory installed apps.

Curiously enough, in China (where many Microsoft bits of software are now officially banned for use by government agencies) Samsung is now facing a lawsuit over installed apps. We may safely assume that since Samsung agreed to preinstall Microsoft malware on many of its devices (after patent extortion) the Chinese government won’t be too happy. To quote the Shanghai Daily, “Shanghai Consumer Rights Protection Commission yesterday formally announced it has taken legal action against manufacturers Samsung and Oppo over their practice of pre-installing apps on their smartphones.

“The Shanghai No. 1 Intermediate People’s Court said on Wednesday it had accepted separate cases against Tianjin Samsung Telecommunications Technology Co Ltd and Guangdong Oppo Mobile Telecommunications Co Ltd.

“We may safely assume that since Samsung agreed to preinstall Microsoft malware on many of its devices, the Chinese government won’t be too happy.”“Tao Ailian, secretary-general of the commission, said it filed the public interest lawsuits after investigating complaints from the public about unwanted apps.

“In a study of 20 smartphones, the commission found several that were sold with apps already installed, many of which could not be removed. It also claimed that some phones “stole” cellular data.”

For many users of Galaxy devices, Microsoft malware is clearly “unwanted apps”, so maybe the Shanghai Consumer Rights Protection Commission should also go after Microsoft, both for racketeering, for bundling, and maybe also for mass surveillance, for which it is most notorious (far worse than Google).

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