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Paul Merrell

» Obama Signs Global Internet Treaty Worse Than SOPA Alex Jones' Infowars: Th... - 2 views

  • Months before the debate about Internet censorship raged as SOPA and PIPA dominated the concerns of web users, President Obama signed an international treaty that would allow companies in China or any other country in the world to demand ISPs remove web content in the US with no legal oversight whatsoever.
  • The White House has circumvented the necessity to have the treaty confirmed by lawmakers by presenting it an as “executive agreement,” although legal scholars have highlighted the dubious nature of this characterization.
  • In presenting ACTA as an “international agreement” rather than a treaty, the Obama administration managed to circumvent the legislative process and avoid having to get Senate approval, a method questioned by Senator Wyden. “That said, even if Obama has declared ACTA an executive agreement (while those in Europe insist that it’s a binding treaty), there is a very real Constitutional question here: can it actually be an executive agreement?” asks TechDirt. “The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President. Thus, there’s a pretty strong argument that the president legally cannot sign any intellectual property agreements as an executive agreement and, instead, must submit them to the Senate.”
Gonzalo San Gil, PhD.

Review of the EU copyright rules - Consultations - The EU Single Market - European Comm... - 1 views

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    "Policy Field Internal Market, Intellectual Property ‑ Copyright Target group All stakeholders are welcome to contribute to this consultation. Contributions are particularly sought from consumers, users, authors, performers, publishers, producers, broadcasters, intermediaries, distributors and other service providers, Collective Management Organisations, public authorities and Member States. Period From 05.12.2013 to 05.02.2014. Objective The objective of this consultation is to gather input from all stakeholders on the review of the EU copyright rules. How to submit your contribution"
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    # One More Month: @ur #feedback, #highly #awaited.
Gonzalo San Gil, PhD.

Five Years Before Any New U.S. Anti-Piracy Laws, MP Predicts | TorrentFreak - 0 views

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    " Andy on April 18, 2014 C: 116 Breaking Two years ago the Internet's biggest ever protest killed the hugely controversial anti-piracy legislation SOPA. Speaking to studios this week, a prominent UK government intellectual property advisor admitted that the damage caused was so great that it's unlikely that there will be a fresh piracy-focused legislative push for another five years."
Gonzalo San Gil, PhD.

UK Police: Enforcement Won't Work Against Piracy | TorrentFreak - 0 views

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    " By Andy on June 15, 2014 C: 33 News The Commissioner of City of London Police admitted this week that just 4% to 10% of sites shut down when contacted by the new Intellectual Property Crime Unit. Alongside odd comments about the threat of "BitNet" and Tor making up "90% of the Internet", Leppard noted that enforcement will not provide a way out of the piracy problem. cityoflondonpoliceThis week's IP Enforcement Summit in London"
Gonzalo San Gil, PhD.

Leaked TPP Chapter Proposes Drastic Copyright Changes - TorrentFreak [# ! Note] - 0 views

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    " Ernesto on October 10, 2015 C: 57 News A leaked chapter of the final Trans-Pacific Partnership (TPP) agreement proposes several changes to the copyright laws of participating countries. The intellectual property chapter covers a broad range of issues including extended copyright terms, ISP liability and criminalization of non-commercial piracy."
Gonzalo San Gil, PhD.

The Final Leaked TPP Text is All That We Feared | Electronic Frontier Foundation - 1 views

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    "Today's release by Wikileaks of what is believed to be the current and essentially final version of the intellectual property (IP) chapter of the Trans-Pacific Partnership (TPP) confirms our worst fears about the agreement, and dashes the few hopes that we held out that its most onerous provisions wouldn't survive to the end of the negotiations."
Paul Merrell

Join The Internet Vote - 0 views

  • Congress is about to introduce a bill to fast track a secret deal that could lead to global censorship. It’s called the Trans-Pacific Partnership (TPP). We think Internet users everywhere should have a say in decisions that affect the Internet — but if “Fast Track” legislation passes, there is no chance that the public will see the text before the deal is approved. Join the Internet Vote on April 23rd and let’s make it clear to DC how we’re voting: against Fast Track and against Internet censorship. (Learn More)
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    Sign up (email address) for updates on a monumental lobbying effort coming up in the next few days when Congress comes back into session and the legislation to "Fast Track" the TPP *and all future trade agrerements* is introduced. From leaked draft portions, we know that the TPP brings us internet censorship and a mass of copyright law changes that have the giant intellectual property corproate folk drooling at the mouth, because they helped write it while the public was excluded. This is your chance to help end secret trade agreements that the public doesn't even get to see until they have already been made into law.
Gonzalo San Gil, PhD.

iTunes is Illegal Under UK Copyright Law - TorrentFreak - 0 views

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    " Ernesto on August 5, 2015 C: 156 News The High Court recently overturned private copying exceptions introduced last year by the UK Government, once again outlawing the habits of millions of citizens. The Intellectual Property Office today explains that ripping a CD in iTunes is no longer permitted, and neither is backing up your computer if it contains copyrighted content. "
Gonzalo San Gil, PhD.

The anti-counterfeiting trade agreement: the ethical analysis of a failure, and its les... - 0 views

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    "Abstract: The anti-counterfeiting trade agreement (ACTA) was originally meant to harmonise and enforce intellectual property rights (IPR) provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA's failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections- namely, secret negotiations, lack of consultation, vague- ness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums-had only indirect ethical impli- cations. "
Gonzalo San Gil, PhD.

Attachmate says openSUSE lives, UNIX copyrights not sold to MS - 0 views

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    [A lot of unanswered questions lingered after Attachmate announced that it has negotiated an agreement to acquire Linux vendor Novell earlier this month. The company has since issued official statements to clear up several notable points of concern. Attachmate intends to continue developing the SUSE platform and will support the community-driven openSUSE project. The company has also confirmed that it has retained the UNIX copyrights, the intellectual property at the heart of the SCO dispute. ...]
Gonzalo San Gil, PhD.

Estados Unidos y "Ley Biden-Sinde": haz lo que digo, no lo que hago » El Blog... - 1 views

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    [ La reciente publicación del informe "Prioritizing Resources and Organization for Intellectual Property Act of 2008" (PRO IP) debería sin duda generar problemas de conciencia a los senadores que se disponen a votar para volver a incluir la llamada "Ley Biden-Sinde" dentro de la Ley de Economía Sostenible: según el informe deja meridianamente claro, estamos ante un claro caso de "haz lo que digo, no lo que hago" por parte de los Estados Unido.s. ...]
Gonzalo San Gil, PhD.

European Commission Plans for All-Out War Against Sharing | La Quadrature du Net - 0 views

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    [ The European Commission just launched a new consulation on its disastrously dogmatic report on IPRED, a directive on the enforcement of intellectual property rights, adopted by the EU in 2004. The report -- whose logic is similar to ACTA -- is based on an analysis of the application of IPRED. It calls for the massive filtering of the Internet to tackle file-sharing: according to the Commission, Internet Service Providers (ISPs) should "cooperate" in the war against sharing to avoid the threat of litigation. You can participate in the analysis by commenting both texts on co-ment: the IPRED report and the analysis of the application of IPRED **Citizens and NGOs have until March 31st, 2011 to sent a submission to answer the consultation. ]
Gary Edwards

Huddle: Consumer cloud services causing 'security time-bomb' for enterprises | ZDNet - 0 views

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    "AN FRANCISCO -- As more employees continue to access consumer cloud accounts at work (regardless of IT rules), the enterprise world is about to reach a breaking point, based on a new report. Quite simply, U.K. cloud collaboration company Huddle described the trend as a "security time-bomb." At least 38 percent of U.S. office workers are said to have admitted to storing work documents on personal cloud tools and services, while a whopping 91 percent of workers added they use personal devices (i.e. USB drives) to store and share sensitive company documents. Huddle argued that this means enterprise and government organizations are at severe risk of losing both data intellectual property forever as this fragmentation continues. The London-headquartered company published its first State of the Enterprise assessment report amid the official opening of its San Francisco offices on Thursday morning as Huddle branches out to attract a U.S. customer base. "Legacy technologies create barriers to how we want to work," said Mitchell. Huddle produces a team-based collaboration platform designed for large teams within enterprises storing content securely and individually. The idea behind Huddle is to replace personal USB drives and "dumb file storage" platforms with open-security models and folder-based content. As the cloud-based storage and collaboration market grows, it looks like Huddle will be aiming to take on the likes of Box, Google Drive, Microsoft SkyDrive, and Dropbox, among others. Huddle is framing itself as different in that it constructs a single network for working and collaborating beyond a firewall, removing VPN complexities with single, company-wide login. Huddle CEO Alastair Mitchell described during an inaugural media presentation that its customers are replacing legacy technologies, calling out SharePoint and Outlook in particular as users move content collaboration out of email. "Legacy technologies create barriers to how we want to work," sai
Gonzalo San Gil, PhD.

A review of McGill's "Copyright and Intellectual Property" | Opensource.com - 0 views

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    "We live in an age of ever-expanding copyright law. The length of time that elapses before a creative work enters the public domain is now so long that many items published early last century are still protected by copyright."
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    "We live in an age of ever-expanding copyright law. The length of time that elapses before a creative work enters the public domain is now so long that many items published early last century are still protected by copyright."
Gonzalo San Gil, PhD.

38% of Young EU Internet Pirates See Nothing Wrong in Piracy - TorrentFreak - 0 views

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    " By Andy on April 8, 2016 C: 43 News Young people are often the group most closely associated with consumption of illegal content yet the results of a new survey just published by the EU Intellectual Property Office paints them in a fairly reasonable light. While 38% of young European pirates see nothing wrong in piracy, just 5% exclusively use pirate sources."
Gonzalo San Gil, PhD.

European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers | D... - 0 views

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    "Fair Use and Intellectual Property: Defending the Balance International A just-leaked draft impact assessment on the modernization of European copyright rules could spell the end for many online services in Europe as we know them."
Paul Merrell

German Parliament Says No More Software Patents | Electronic Frontier Foundation - 0 views

  • The German Parliament recently took a huge step that would eliminate software patents (PDF) when it issued a joint motion requiring the German government to ensure that computer programs are only covered by copyright. Put differently, in Germany, software cannot be patented. The Parliament's motion follows a similar announcement made by New Zealand's government last month (PDF), in which it determined that computer programs were not inventions or a manner of manufacture and, thus, cannot be patented.
  • The crux of the German Parliament's motion rests on the fact that software is already protected by copyright, and developers are afforded "exploitation rights." These rights, however, become confused when broad, abstract patents also cover general aspects of computer programs. These two intellectual property systems are at odds. The clearest example of this clash is with free software. The motion recognizes this issue and therefore calls upon the government "to preserve the precedence of copyright law so that software developers can also publish their work under open source license terms and conditions with legal security." The free software movement relies upon the fact that software can be released under a copyright license that allows users to share it and build upon others' works. Patents, as Parliament finds, inhibit this fundamental spread.
  • Just like in the New Zealand order, the German Parliament carved out one type of software that could be patented, when: the computer program serves merely as a replaceable equivalent for a mechanical or electro-mechanical component, as is the case, for instance, when software-based washing machine controls can replace an electromechanical program control unit consisting of revolving cylinders which activate the control circuits for the specific steps of the wash cycle This allows for software that is tied to (and controls part of) another invention to be patented. In other words, if a claimed process is purely a computer program, then it is not patentable. (New Zealand's order uses a similar washing machine example.) The motion ends by calling upon the German government to push for this approach to be standard across all of Europe. We hope policymakers in the United States will also consider fundamental reform that deals with the problems caused by low-quality software patents. Ultimately, any real reform must address this issue.
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    Note that an unofficial translation of the parliamentary motion is linked from the article. This adds substantially to the pressure internationally to end software patents because Germany has been the strongest defender of software patents in Europe. The same legal grounds would not apply in the U.S. The strongest argument for the non-patentability in the U.S., in my opinion, is that software patents embody embody both prior art and obviousness. A general purpose computer can accomplish nothing unforeseen by the prior art of the computing device. And it is impossible for software to do more than cause different sequences of bit register states to be executed. This is the province of "skilled artisans" using known methods to produce predictable results. There is a long line of Supreme Court decisions holding that an "invention" with such traits is non-patentable. I have summarized that argument with citations at . 
Paul Merrell

Google book-scanning project legal, says U.S. appeals court | Reuters - 0 views

  • A U.S. appeals court ruled on Friday that Google's massive effort to scan millions of books for an online library does not violate copyright law, rejecting claims from a group of authors that the project illegally deprives them of revenue.The 2nd U.S. Circuit Court of Appeals in New York rejected infringement claims from the Authors Guild and several individual writers, and found that the project provides a public service without violating intellectual property law.
  • Google argued that the effort would actually boost book sales by making it easier for readers to find works, while introducing them to books they might not otherwise have seen.A lawyer for the authors did not immediately respond to a request for comment.Google had said it could face billions of dollars in potential damages if the authors prevailed. Circuit Judge Denny Chin, who oversaw the case at the lower court level, dismissed the litigation in 2013, prompting the authors' appeal.Chin found Google's scanning of tens of millions of books and posting "snippets" online constituted "fair use" under U.S. copyright law.A unanimous three-judge appeals panel said the case "tests the boundaries of fair use," but found Google's practices were ultimately allowed under the law. "Google’s division of the page into tiny snippets is designed to show the searcher just enough context surrounding the searched term to help her evaluate whether the book falls within the scope of her interest (without revealing so much as to threaten the author’s copyright interests)," Circuit Judge Pierre Leval wrote for the court.
  • The 2nd Circuit had previously rejected a similar lawsuit from the Authors Guild in June 2014 against a consortium of universities and research libraries that built a searchable online database of millions of scanned works.The case is Authors Guild v. Google Inc, 2nd U.S. Circuit Court of Appeals, No. 13-4829.
Gonzalo San Gil, PhD.

Company Uses DMCA to Censor and Expose Critical Blogger - TorrentFreak - 0 views

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    " By Ernesto on June 17, 2016 C: 25 News Marketing and sales company Smart Circle is using the DMCA to uncover the identity of a critical blogger. The company obtained a subpoena directed at WordPress, stating that the blogger in question violates their copyrights by publishing modified images of its key employees."
Gonzalo San Gil, PhD.

Huge Artists Coalition Piles Pressure on Congress Over DMCA - TorrentFreak [# ! Note] - 0 views

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    " Andy on June 21, 2016 C: 132 Breaking A coalition of 186 artists, bands and songwriters have penned an open letter to Congress complaining about the ineffectiveness of the DMCA. From Taylor Swift, Trent Reznor, deadmau5 and U2, to Sirs Paul McCartney and Elton John, the message is clear: The DMCA allows tech companies to make huge profits while artists and creators suffer."
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