Skip to main content

Home/ Future of the Web/ Group items tagged Events

Rss Feed Group items tagged

Paul Merrell

Microsoft Statement on European Commission Statement of Objections: Statement of Object... - 0 views

  • REDMOND – Jan. 16, 2009 – “Yesterday Microsoft received a Statement of Objections from the Directorate General for Competition of the European Commission. The Statement of Objections expresses the Commission’s preliminary view that the inclusion of Internet Explorer in Windows since 1996 has violated European competition law. According to the Statement of Objections, other browsers are foreclosed from competing because Windows includes Internet Explorer.
  • The Statement of Objections states that the remedies put in place by the U.S. courts in 2002 following antitrust proceedings in Washington, D.C. do not make the inclusion of Internet Explorer in Windows lawful under European Union law.
  •  
    Microsoft's version of events, notable for the statement that DG Competition included a specific ruling that it is not bound by the U.S. v. Microsoft decision in the U.S. That only states the obvious, but is perhaps intended to forestall somewhat Microsoft arguments that the legality of its bundling was conclusively determined in the U.S. case. If so, it may have worked; Microsoft makes no such claim in this press release.
Gary Edwards

Under the Covers: Alfresco's SharePoint Services (WSS) Killer - 0 views

  •  
    Reverse engineering the MS Office SharePoint Protocol: CMSwire has a good review of Alfresco's latest feature, the repurposing of MSOffice as an editing and collaboration front end for the Alfresco Open Web Content Management System.
    Microsoft ha sof course been very busy re-purposing MSOffice as a front end editor - shared collaboration space for their own MOSS WebStack - CMS. Thanks to the EU, Microsoft was forced to publicly disclose integration and interop methods used to wire together MOSS. Alfresco seized the disclosure to create their own re-purposing.
    IMHO, this is exactly how the Microsoft monopoly needs to be cracked. Instead of replacing MSOffice at great cost and disruption to business users, tap into the same re-purposing methods Microsoft uses as they try to shift that monopoly center from the desktop to a proprietary MS Web.
    "... The Office SharePoint Protocol is one of the big achievements that Alfresco has come out with to sell Alfresco Share as a true viable alternative to SharePoint in the enterprise....
    "... Microsoft Office is still the most widely used productivity suite in organizations today. That's a huge reason why SharePoint has been so successful - Microsoft created a protocol to enable Office to interact directly with SharePoint. This means you don't have to leave the discomfort of our Office application to create, edit and manage documents and calendar events in SharePoint." For Alfresco, the break came when Microsoft released a number of technical specifications to the public (including the spec for SharePoint 2007) in the name of interoperability. Alfresco used this information to implement the Office and SharePoint protocols as a compatible server - thus the same functionality users get working between Office and SharePoint, they can now also get natively with Office and Alfresco.
Paul Merrell

Giggle of the Day -- Microsoft boosts OOXML compatibility - ZDNet.co.uk - 0 views

  • John McCreesh, an evangelist for OpenOffice.org, the main open-source competitor to the Microsoft Office productivity suite, told ZDNet UK on Wednesday that he was surprised to hear Microsoft was continuing to work on OOXML's compatibility. "The feeling had been that OOXML was dead in the water, so it's interesting to see that Microsoft is still trying to revive it in the marketplace," said McCreesh. "The response in the marketplace [to OOXML] hasn't been that encouraging, but they've clearly decided it's worth another push."
  •  
    Chutzpah or terminal naivity from John McCreesh. As though Microsoft had actually considered dropping OOXML from its game plan for domiinating the Web. Did McCreesh actually fall for that "ODF has clearly won" bit of press deflection from Microsoft? http://www.thestandard.com/news/2008/06/19/red-hat-summit-panel-who-won-ooxml-battle As Jean Paoli said in another report today on the same Microsoft event: "Since for maybe a year now, we are seeing far less passion about the format issue and more rationality." http://www.networkworld.com/news/2008/120308-microsoft-openxml.html?page=2
Gary Edwards

The Education of Gary Edwards - Rick Jelliffe on O'Reilly Broadcast - 0 views

  •  
    I wonder how i missed this? Incredibly, i have my own biographer and i didn't know it! The date line is September, 2008, I had turned off all my ODF-OOXML-OASIS searches and blog feeds back in October of 2007 when we moved the da Vinci plug-in to HTML+ using the W3C CDF model. Is it appropriate to send flowers to your secret biographer? Maybe i'll find some time and update his work. The gap between October 2007 and April of 2009 is filled with adventure and wonder. And WebKit!

    "....One of the more interesting characters in the recent standards battles has been Gary Edwards: he was a member of the original ODF TC in 2002 which oversaw the creation of ODF 1.0 in 2005, but gradually became more concerned about large vendor dominance of the ODF TC frustrating what he saw as critical improvements in the area of interoperability. This compromised the ability of ODF to act as a universal format."

    "....Edwards increasingly came to believe that the battleground had shifted, with the SharePoint threat increasingly needing to be the focus of open standards and FOSS attention, not just the standalone desktop applications: I think Edwards tends to see Office Open XML as a stalking horse for Microsoft to get its foot back in the door for back-end systems....."

    "....Edwards and some colleagues split with some acrimony from the ODF effort in 2007, and subsequently see W3C's Compound Document Formats (CDF) as holding the best promise for interoperability. Edwards' public comments are an interesting reflection of an person evolving their opinion in the light of experience, events and changing opportunities...."

    ".... I have put together some interesting quotes from him which, I hope, fairly bring out some of the themes I see. As always, read the source to get more info: ..... "

Gary Edwards

Cloud computing and the return of the platform wars | The Open Web takes on the Open Cl... - 0 views

  •  
    Excellent article on Cloud Computing and the need for an Open API from Dion Hinchcliffe. Solid analysis, deeply linked, with some good graphics: "....The final outcome of this struggle, as it's been in many earlier platform battles over personal computer hardware, operating systems, databases, and even the Web itself, will be the result of a fairly predictable and oft-repeated cycle of events (see diagram below) for which a small number of large winners are likely to emerge victorious...." "When we look back many years from now, it's probable that cloud computing will be regarded as both a momentous and major change of course in the history of software; many future computing platforms will be created and operated by what seemingly amount to utility companies. While this might seem like a boring future for computing, it's a necessarily pragmatic evolution as the very size and scope of modern software requires new economic models in order to remain cost effective. Virtually any online application these days has to scale to a few million users as quickly and inexpensively as possible....."
Matteo Spreafico

About Loopt | Loopt - 1 views

  • Loopt shows users where friends are located and what they are doing via detailed, interactive maps on their mobile phones. Loopt helps friends connect on the fly and navigate their social lives by orienting them to people, places and events.
lesleybrunner08

How To Niche Down, Find Your Thing and Own It! - 0 views

  •  
    After attending the 2015 New Media Europe Event, I noticed that all the speakers there had their own "thing". They had their specific and specialist area on what they would speak about.
Paul Merrell

Microsoft Pitches Technology That Can Read Facial Expressions at Political Rallies - 1 views

  • On the 21st floor of a high-rise hotel in Cleveland, in a room full of political operatives, Microsoft’s Research Division was advertising a technology that could read each facial expression in a massive crowd, analyze the emotions, and report back in real time. “You could use this at a Trump rally,” a sales representative told me. At both the Republican and Democratic conventions, Microsoft sponsored event spaces for the news outlet Politico. Politico, in turn, hosted a series of Microsoft-sponsored discussions about the use of data technology in political campaigns. And throughout Politico’s spaces in both Philadelphia and Cleveland, Microsoft advertised an array of products from “Microsoft Cognitive Services,” its artificial intelligence and cloud computing division. At one exhibit, titled “Realtime Crowd Insights,” a small camera scanned the room, while a monitor displayed the captured image. Every five seconds, a new image would appear with data annotated for each face — an assigned serial number, gender, estimated age, and any emotions detected in the facial expression. When I approached, the machine labeled me “b2ff” and correctly identified me as a 23-year-old male.
  • “Realtime Crowd Insights” is an Application Programming Interface (API), or a software tool that connects web applications to Microsoft’s cloud computing services. Through Microsoft’s emotional analysis API — a component of Realtime Crowd Insights — applications send an image to Microsoft’s servers. Microsoft’s servers then analyze the faces and return emotional profiles for each one. In a November blog post, Microsoft said that the emotional analysis could detect “anger, contempt, fear, disgust, happiness, neutral, sadness or surprise.” Microsoft’s sales representatives told me that political campaigns could use the technology to measure the emotional impact of different talking points — and political scientists could use it to study crowd response at rallies.
  • Facial recognition technology — the identification of faces by name — is already widely used in secret by law enforcement, sports stadiums, retail stores, and even churches, despite being of questionable legality. As early as 2002, facial recognition technology was used at the Super Bowl to cross-reference the 100,000 attendees to a database of the faces of known criminals. The technology is controversial enough that in 2013, Google tried to ban the use of facial recognition apps in its Google glass system. But “Realtime Crowd Insights” is not true facial recognition — it could not identify me by name, only as “b2ff.” It did, however, store enough data on each face that it could continuously identify it with the same serial number, even hours later. The display demonstrated that capability by distinguishing between the number of total faces it had seen, and the number of unique serial numbers. Photo: Alex Emmons
  • ...2 more annotations...
  • Instead, “Realtime Crowd Insights” is an example of facial characterization technology — where computers analyze faces without necessarily identifying them. Facial characterization has many positive applications — it has been tested in the classroom, as a tool for spotting struggling students, and Microsoft has boasted that the tool will even help blind people read the faces around them. But facial characterization can also be used to assemble and store large profiles of information on individuals, even anonymously.
  • Alvaro Bedoya, a professor at Georgetown Law School and expert on privacy and facial recognition, has hailed that code of conduct as evidence that Microsoft is trying to do the right thing. But he pointed out that it leaves a number of questions unanswered — as illustrated in Cleveland and Philadelphia. “It’s interesting that the app being shown at the convention ‘remembered’ the faces of the people who walked by. That would seem to suggest that their faces were being stored and processed without the consent that Microsoft’s policy requires,” Bedoya said. “You have to wonder: What happened to the face templates of the people who walked by that booth? Were they deleted? Or are they still in the system?” Microsoft officials declined to comment on exactly what information is collected on each face and what data is retained or stored, instead referring me to their privacy policy, which does not address the question. Bedoya also pointed out that Microsoft’s marketing did not seem to match the consent policy. “It’s difficult to envision how companies will obtain consent from people in large crowds or rallies.”
  •  
    But nobody is saying that the output of this technology can't be combined with the output of facial recognition technology to let them monitor you individually AND track your emotions. Fortunately, others are fighting back with knowledge and tech to block facial recognition. http://goo.gl/JMQM2W
Paul Merrell

Social Media Giants Choking Independent News Site Traffic to a Trickle - 0 views

  • Several prominent figures, including Web inventor Tim Berners-Lee, warned the EU Parliament that its proposed censorship measure would begin transforming the Internet from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users.
  • For much of the year, independent media has felt the sting of increased social media censorship, as the “revolving door” between U.S. intelligence agencies and social-media companies has manifested in a crackdown on news that challenges official government narratives. With many notable independent news websites having shut down since then as a result, those that remain afloat are being censored like never before, with social media traffic from Facebook and Twitter completely cut off in some cases. Among such websites, social media censorship by the most popular social networks is now widely regarded to be the worst it has ever been – a chilling reality for any who seek fact-based perspectives on major world events that differ from those to be found on well-known corporate-media outlets that consistently toe the government line. Last August, MintPress reported that a new Google algorithm targeting “fake news” had quashed traffic to many independent news and advocacy sites, with sites such as the American Civil Liberties Union, Democracy Now, and WikiLeaks, seeing their returns from Google searches experience massive drops. The World Socialist Website, one of the affected pages, reported a 67 percent decrease in Google returns while MintPress experienced an even larger decrease of 76 percent in Google search returns. The new algorithm targeted online publications on both sides of the political spectrum critical of U.S. imperialism, foreign wars, and other long-standing government policies. Now, less than a year later, the situation has become even more dire. Several independent media pages have reported that their social media traffic has sharply declined since March and – in some cases – stopped almost entirely since June began. For instance, independent media website Antimedia – a page with over 2 million likes and follows – saw its traffic drop from around 150,000 page views per day earlier this month to around 12,000 as of this week. As a reference, this time last year Antimedia’s traffic stood at nearly 300,000 a day.
Paul Merrell

Huawei launches first product with own operating system - 0 views

  • Chinese telecom giant Huawei, which has been caught in the crossfires of the Washington-Beijing trade war, on Saturday unveiled a new smart television, the first product to use its own operating system.The television will be available from Thursday in China and marks the first use of HarmonyOS, chief executive George Zhao said, adding that it will be marketed by its mid-range brand, Honor.Huawei revealed its highly-anticipated HarmonyOS on Friday as an alternative operating system for phones and other smart devices in the event that looming US sanctions prevent the firm from using Android technology.American companies are theoretically no longer allowed to sell technology products to Huawei, but a three-month exemption period -- which ends next week -- was granted by Washington before the measure came into force.That ban could stop the tech giant from getting hold of key hardware and software, including smartphone chips and elements of the Google Android operating system, which runs the vast majority of smartphones in the world, including Huawei's.Huawei -- considered the world leader in fast fifth-generation or 5G equipment and the world's number two smartphone producer -- has been blacklisted by US President Donald Trump amid suspicions it provides a backdoor for Chinese intelligence services, which the firm denies.
Paul Merrell

FCC Votes To Start Slashing Net Neutrality Protections - 0 views

  • The Federal Communications Commission (FCC) under President Donald Trump on Thursday afternoon voted to begin slashing regulations protecting a free and open internet. The decision (pdf) ran along party lines, with the FCC’s two Republican members voting to dismantle net neutrality. Mignon Clyburn, the Commission’s Democratic member, was the sole dissenting vote. “While the majority engages in flowery rhetoric about light-touch regulation and so on, the endgame appears to be no-touch regulation and a wholesale destruction of the FCC’s public interest authority in the 21st century,” Clyburn wrote in her dissent, according to The Hill.
Gonzalo San Gil, PhD.

Community Grants Training: Writing a Community Grants Proposal | Internet Society - 0 views

  •  
    [Home » Community Grants Training: Writing a Community Grants Proposal Community Grants Training: Writing a Community Grants Proposal The Community Grants Programme will accept applications beginning Monday, 4 March 2013. The application round will close Monday, 01 April and award notifications made at the end of May 2013. This Training Session will be offered twice on 5 February 2013 in order to cover different time zones, namely at 10:30 UTC and at 20:00 UTC. Please sign up at http://www.doodle.com/d6adh23v9gucr4mt if you plan to participate in this session. Thanks! Venue: WebEx (see details for both sessions below) Agenda: Turning a project idea into a plan Characteristics of a great grant proposal Overview of the grant application Expectations of our grantees ...]
Paul Merrell

Public transit in Beverly Hills may soon be driverless, program unanimously approved - ... - 0 views

  • An uncontested vote by the Beverly Hills City Council could guarantee a chauffeur for all residents in the near future. However, instead of a driver, the newly adopted program foresees municipally-owned driverless cars ready to order via a smartphone app. Also known as autonomous vehicles, or AV, driverless cars would appear to be the next big thing not only for people, but local governments as well – if the Beverly Hills City Council can get its AV development program past a few more hurdles, that is. The technology itself has some challenges ahead as well.
  • In the meantime, the conceptual shuttle service, which was unanimously approved at an April 5 city council meeting, is being celebrated.
  • Naming Google and Tesla in its press release, Beverly Hills must first develop a partnership with a manufacturer that can build it a fleet of unmanned cars. There will also be a need to bring in policy experts. All of these outside parties will have a chance to explore the program’s potential together at an upcoming community event.The Wallis Annenberg Center for the Performing Arts will host a summit this fall that will include expert lectures, discussions, and test drives. Er, test rides.Already in the works for Beverly Hills is a fiber optics cable network that will, in addition to providing high-speed internet access to all residents and businesses, one day be an integral part of a public transit system that runs on its users’ spontaneous desires.Obviously, Beverly Hills has some money on hand for the project, and it is also an ideal testing space as the city takes up an area of less than six square miles. Another positive factor is the quality of the city’s roads, which exceeds that of most in the greater Los Angeles area, not to mention California and the whole United States.“It can’t find the lane markings!” Volvo’s North American CEO, Lex Kerssemakers, complained to Los Angeles Mayor Eric Garcetti last month, according to Reuters. “You need to paint the bloody roads here!”Whether lanes are marked or signs are clear has made a big difference in how successfully the new technology works.Unfortunately, the US Department of Transportation considers 65 percent of US roads to be in poor condition, so AV cars may not be in the works for many Americans living outside of Beverly Hills quite as soon.
Gonzalo San Gil, PhD.

CompletePlanet - Discover over 70,000+ databases and specially search engines - 2 views

  •  
    Node Level All Topics >> Agriculture Games & Hobbies Military Religion Arts & Design Government Music Science Business Health News Search Engines Computing & Internet Home & Garden Newspapers Shopping Education Humanities People Social Sciences Energy Jobs & Careers Places Sports Engineering Law Politics Transportation Environment Literature Products & Technology Travel Family Living things Recreation Weather Finance & Economics Magazines & Journals References Food & Drink Media & Entertainment Regional
Gonzalo San Gil, PhD.

Open source events grow at the university | Interview with Catherine Dumas of SUNY Alba... - 0 views

  •  
    "Catherine Dumas is a PhD student in the College of Computing and Information (CCI) at the University at Albany at the State University of New York (SUNY). She teaches two undergraduate courses, one in the Computer Science department and one in the Informatics Department."
Gary Edwards

Meet OX Text, a collaborative, non-destructive alternative to Google Docs - Tech News a... - 0 views

  • The German software-as-a-service firm Open-Xchange, which provides apps that telcos and other service providers can bundle with their connectivity or hosting products, is adding a cloud-based office productivity toolset called OX Documents to its OX App Suite lineup. Open-Xchange has around 70 million users through its contracts with roughly 80 providers such as 1&1 Internet and Strato. Its OX App Suite takes the form of a virtual desktop of sorts, that lets users centralize their email and file storage accounts and view all sorts of documents through a unified portal. However, as of an early April release it will also include OX Text, a non-destructive, collaborative document editor that rivals Google Docs, and that has an interesting heritage of its own.
  • The team that created the HTML5- and JavaScript-based OX Text includes some of the core developers behind OpenOffice, the free alternative to Microsoft Office that passed from Sun Microsystems to Oracle before morphing into LibreOffice. The German developers we’re talking about hived off the project before LibreOffice happened, and ended up getting hired by Open-Xchange. “To them it was a once in a lifetime event, because we allowed them to start from scratch,” Open-Xchange CEO Rafael Laguna told me. “We said we wanted a fresh office productivity suite that runs inside the browser. In terms of the architecture and principles for the product, we wanted to make it fully round-trip capable, meaning whatever file format we run into needs to be retained.”
  • This is an extremely handy formatting and version control feature. Changes made to a document in OX Text get pushed through to Open-Xchange’s backend, where a changelog is maintained. “Power” Word features such as Smart Art or Charts, which are not necessarily supported by other productivity suites, are replaced with placeholders during editing and are there, as before, when the edited document is eventually downloaded. As the OX Text blurb says, “OX Text never damages your valuable work even if it does not understand it”.
  • ...1 more annotation...
  • “[This avoids] the big disadvantage of anything other than Microsoft Office,” Laguna said. “If you use OpenOffice with a .docx file, the whole document is converted, creating artefacts, then you convert it back. That’s one of the major reasons not everyone is using OpenOffice, and the same is true for Google Apps.” OX Text will be available as an extension to OX App Suite, which also includes calendaring and other productivity tools. However, it will also come out as a standalone product under both commercial licenses – effectively support-based subscriptions for Open-Xchange’s service provider customers – and open-source licenses, namely the GNU General Public License 2 and Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License, which will allow free personal, non-commercial use. You can find a demo of App Suite, including the OX Text functionality, here, and there’s a video too:
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
  • ...2 more annotations...
  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
  •  
    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Paul Merrell

The Government Can No Longer Track Your Cell Phone Without a Warrant | Motherboard - 0 views

  • The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while.  The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment. "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."
  • In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.
  • Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable.  "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy." The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.
  • ...2 more annotations...
  • "One’s cell phone, unlike an automobile, can accompany its owner anywhere. Thus, the exposure of the cell site location information can convert what would otherwise be a private event into a public one," he wrote. "In that sense, cell site data is more like communications data than it is like GPS information. That is, it is private in nature rather than being public data that warrants privacy protection only when its collection creates a sufficient mosaic to expose that which would otherwise be private." Finally, the government argued that, because Davis made outgoing calls, he "voluntarily" gave up his location data. Sentelle rejected that, too, citing a prior decision by a Third Circuit Court. "The Third Circuit went on to observe that 'a cell phone customer has not ‘voluntarily’ shared his location information with a cellular provider in any meaningful way.' That circuit further noted that 'it is unlikely that cell phone customers are aware that their cell phone providers collect and store historical location information,'” Sentelle wrote.
  • "Therefore, as the Third Circuit concluded, 'when a cell phone user makes a call, the only information that is voluntarily and knowingly conveyed to the phone company is the number that is dialed, and there is no indication to the user that making that call will also locate the caller,'" he continued.
  •  
    Another victory for civil libertarians against the surveillance state. Note that this is another decision drawing guidance from the Supreme Court's decision in U.S. v. Jones, shortly before the Edward Snowden leaks came to light, that called for re-examination of the Third Party Doctrine, an older doctrine that data given to or generated by third parties is not protected by the Fourth Amendment.   
Paul Merrell

Freedom Online Coalition Basically Ignores Surveillance: Makes A Mockery Of Its Name | ... - 1 views

  • We already wrote about how US Secretary of State John Kerry made some tone deaf remarks about "online freedom" and transparency during his appearance at the Freedom Online Coalition meeting in Estonia last week. However, it appears that his remarks fit in well with the theme of the event, which appeared to be "big governments ignoring that whole state surveillance online thing." The Freedom Online Coalition is a group of 23 governments, including the US, UK, Canada, Germany, France and many others -- and you'd think they'd pay some attention to the very vocal concerns about how those governments are engaged in lots of online spying. In fact, a bunch of public interest groups sent a letter asking the FOC to live up to their state commitments, and respond to claims of human rights violations against journalists and others via state surveillance online. But... that didn't happen:
  • A dominant theme that ran throughout the conference was erosion of credibility and doubt about member government follow-through on commitments to protect freedom online themselves, much less to serve as role models for other governments. Dutch Foreign Minister Frans Timmermans acknowledged the credibility gap facing the coalition and invited constructive criticism and debate about the proper limits of surveillance. Yet while the final Tallinn declaration produced by FOC governments asserted that members would “[c]ollectively condemn – through diplomatic channels, public statements and other means – violations and abuses of human rights and fundamental freedoms online as they occur in different countries throughout the world,” the declaration says little about reining in indiscriminate surveillance, nor does it acknowledge that mass surveillance chills freedom of expression and violates the right to privacy. Perhaps the Freedom Online Coalition should start exploring a name change to more accurately reflect what they really represent.
  •  
    "from the blathering-about-other-stuff-coalition dept We already wrote about how US Secretary of State John Kerry made some tone deaf remarks about "online freedom" and transparency during his appearance at the Freedom Online Coalition meeting in Estonia last week"
Gary Edwards

The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commo... - 1 views

  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
  • ...17 more annotations...
  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
  •  
    "Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "
  •  
    I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.
« First ‹ Previous 41 - 60 of 94 Next › Last »
Showing 20 items per page