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Gonzalo San Gil, PhD.

Anti-Piracy Firm 'Caught' Pirating News Articles | TorrentFreak - 0 views

torrentfreak.com/-pirating-news-articles-150107

anti-piracy firm caught catch pirating news paradox funny

shared by Gonzalo San Gil, PhD. on 08 Jan 15 - No Cached
  • Gonzalo San Gil, PhD. on 08 Jan 15
     
    " Ernesto on January 7, 2015 C: 0 Opinion The Canadian based anti-piracy firm Canipre is known for hounding file-sharers with lawsuits and copyright infringement notices. Ironically, however, the company may want to start cleaning up its own house first as a blog affiliated with the company has been frequently "pirating" news articles"
  • Gonzalo San Gil, PhD. on 08 Jan 15
     
    " Ernesto on January 7, 2015 C: 0 Opinion The Canadian based anti-piracy firm Canipre is known for hounding file-sharers with lawsuits and copyright infringement notices. Ironically, however, the company may want to start cleaning up its own house first as a blog affiliated with the company has been frequently "pirating" news articles"
  • Gonzalo San Gil, PhD. on 08 Jan 15
     
    " Ernesto on January 7, 2015 C: 0 Opinion The Canadian based anti-piracy firm Canipre is known for hounding file-sharers with lawsuits and copyright infringement notices. Ironically, however, the company may want to start cleaning up its own house first as a blog affiliated with the company has been frequently "pirating" news articles"
Paul Merrell

Beijing Strikes Back in US-China Tech Wars | The Diplomat - 0 views

thediplomat.com/...kes-back-in-us-china-tech-wars

surveillance state China tech-security

shared by Paul Merrell on 11 Mar 15 - No Cached
  • China’s new draft anti-terror legislation has sent waves across the U.S. tech community. If there is a brewing tech war between U.S. and China over government surveillance backdoors and a preference for indigenous software, China’s new draft terror law makes it clear that Beijing is happy to give the United States a taste of its own medicine. The law has already drawn considerable criticism from international human rights groups, including Amnesty International and Human Rights Watch for its purported attempts to legitimize wanton human rights violations in the name of counter-terrorism. Additionally, China has opted to implement its own definition of terrorism, placing  “any thought, speech, or activity that, by means of violence, sabotage, or threat, aims to generate social panic, influence national policy-making, create ethnic hatred, subvert state power, or split the state” under the umbrella of the overused T-word. The problematic human rights issues aside, the draft anti-terror law will have important implications for foreign tech firms within China. According to Reuters’ reporting on the draft anti-terror law, counter-terrorism precautions by the Chinese government would essentially require foreign firms to “hand over encryption keys and install security ‘backdoors’” into their software. Additionally, these firms would have to store critical data — certainly data on Chinese citizens and residents — on Chinese soil. The onerous implications of this law could have lead to an immediate freeze to the activities of several Western tech companies in China, the world’s second largest economy and a booming emerging market for new technologies.
  • On the surface, the most troublesome implication of this law is that in order to comply with this law, Western firms, including non-technical ventures such as financial institutions and manufacturers, will be forced to give up a great deal of security. In essence, corporate secrets, financial data — all critical data — would be insecure and available for access by Chinese regulators. The new law would also prohibit the use of secure virtual private networks (VPNs) to get around these requirements.
  • The U.S. diplomatic response to Beijing’s new draft law is perhaps best captured in the fact that a whopping four cabinet members in the Obama administration, including Secretary of State John Kerry and U.S. Trade Representative Michael Froman, wrote the Chinese government expressing “serious concern.” China, for its part, seemed unfazed by U.S. concerns. Foreign Ministry spokesperson Hua Chunying told the press that she hoped the United States would view the new anti-terror precautions in “in a calm and objective way.” Indeed, following Edward Snowden’s revelations regarding the extent of the United States’ surveillance of private firms both within and outside the United States, Beijing likely views U.S. concerns as hypocritical. One U.S. industry source told Reuters that the new law was ”the equivalent of the Patriot Act on really, really strong steroids.”
Gonzalo San Gil, PhD.

How the current intellectual property landscape impacts open source | Opensource.com - 0 views

opensource.com/...ectual-property-practice-group

intellectual property vs open source opensource.com progress promotion useful arts

shared by Gonzalo San Gil, PhD. on 30 Mar 15 - No Cached
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    - Interview with Doug Kim chairs the Intellectual Property Practice Group at McNair Law Firm - "I caught up with Doug to ask him a few questions about his background, upcoming presentation, and thoughts on the current intellectual property landscape and how it impacts open source."
  • ...2 more comments...
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    "I caught up with Doug to ask him a few questions about his background, upcoming presentation, and thoughts on the current intellectual property landscape and how it impacts open source."
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    - Interview with Doug Kim chairs the Intellectual Property Practice Group at McNair Law Firm - "I caught up with Doug to ask him a few questions about his background, upcoming presentation, and thoughts on the current intellectual property landscape and how it impacts open source."
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    - Interview with Doug Kim chairs the Intellectual Property Practice Group at McNair Law Firm - "I caught up with Doug to ask him a few questions about his background, upcoming presentation, and thoughts on the current intellectual property landscape and how it impacts open source."
  • Gonzalo San Gil, PhD. on 31 Mar 15
     
    - Interview with Doug Kim chairs the Intellectual Property Practice Group at McNair Law Firm - "I caught up with Doug to ask him a few questions about his background, upcoming presentation, and thoughts on the current intellectual property landscape and how it impacts open source."
Gonzalo San Gil, PhD.

Accused Movie Pirate Wins Extortion Case Against Copyright Trolls | TorrentFreak - 2 views

torrentfreak.com/s-case-copyright-trolls-140429

movie pirate wins extortion copyright case free Internet culture

shared by Gonzalo San Gil, PhD. on 29 Apr 14 - No Cached
  • Gonzalo San Gil, PhD. on 29 Apr 14
     
    " Ernesto on April 29, 2014 C: 8 News Law firm Dunlap, Grubb and Weaver, pioneers of the BitTorrent copyright troll cases in the United States, have thrown in the towel. The law firm conceded defeat in a fraud and abuse case that was brought against them by an alleged pirate, and were ordered to pay nearly $40,000. "
Paul Merrell

Tech firms and privacy groups press for curbs on NSA surveillance powers - The Washingt... - 0 views

www.washingtonpost.com/...4-ab77-9646eea6a4c7_story.html

surveillance state Patriot-Act 215-sunset NSA-reform legislation

shared by Paul Merrell on 29 Mar 15 - No Cached
  • The nation’s top technology firms and a coalition of privacy groups are urging Congress to place curbs on government surveillance in the face of a fast-approaching deadline for legislative action. A set of key Patriot Act surveillance authorities expire June 1, but the effective date is May 21 — the last day before Congress breaks for a Memorial Day recess. In a letter to be sent Wednesday to the Obama administration and senior lawmakers, the coalition vowed to oppose any legislation that, among other things, does not ban the “bulk collection” of Americans’ phone records and other data.
  • We know that there are some in Congress who think that they can get away with reauthorizing the expiring provisions of the Patriot Act without any reforms at all,” said Kevin Bankston, policy director of New America Foundation’s Open Technology Institute, a privacy group that organized the effort. “This letter draws a line in the sand that makes clear that the privacy community and the Internet industry do not intend to let that happen without a fight.” At issue is the bulk collection of Americans’ data by intelligence agencies such as the National Security Agency. The NSA’s daily gathering of millions of records logging phone call times, lengths and other “metadata” stirred controversy when it was revealed in June 2013 by former NSA contractor Edward Snowden. The records are placed in a database that can, with a judge’s permission, be searched for links to foreign terrorists.They do not include the content of conversations.
  • That program, placed under federal surveillance court oversight in 2006, was authorized by the court in secret under Section 215 of the Patriot Act — one of the expiring provisions. The public outcry that ensued after the program was disclosed forced President Obama in January 2014 to call for an end to the NSA’s storage of the data. He also appealed to Congress to find a way to preserve the agency’s access to the data for counterterrorism information.
  • ...3 more annotations...
  • Despite growing opposition in some quarters to ending the NSA’s program, a “clean” authorization — one that would enable its continuation without any changes — is unlikely, lawmakers from both parties say. Sen. Ron Wyden (D-Ore.), a leading opponent of the NSA’s program in its current format, said he would be “surprised if there are 60 votes” in the Senate for that. In the House, where there is bipartisan support for reining in surveillance, it’s a longer shot still. “It’s a toxic vote back in your district to reauthorize the Patriot Act, if you don’t get some reforms” with it, said Rep. Thomas Massie (R-Ky.). The House last fall passed the USA Freedom Act, which would have ended the NSA program, but the Senate failed to advance its own version.The House and Senate judiciary committees are working to come up with new bipartisan legislation to be introduced soon.
  • The tech firms and privacy groups’ demands are a baseline, they say. Besides ending bulk collection, they want companies to have the right to be more transparent in reporting on national security requests and greater declassification of opinions by the Foreign Intelligence Surveillance Court.
  • Some legal experts have pointed to a little-noticed clause in the Patriot Act that would appear to allow bulk collection to continue even if the authority is not renewed. Administration officials have conceded privately that a legal case probably could be made for that, but politically it would be a tough sell. On Tuesday, a White House spokesman indicated the administration would not seek to exploit that clause. “If Section 215 sunsets, we will not continue the bulk telephony metadata program,” National Security Council spokesman Edward Price said in a statement first reported by Reuters. Price added that allowing Section 215 to expire would result in the loss of a “critical national security tool” used in investigations that do not involve the bulk collection of data. “That is why we have underscored the imperative of Congressional action in the coming weeks, and we welcome the opportunity to work with lawmakers on such legislation,” he said.
  • Paul Merrell on 29 Mar 15
     
    I omitted some stuff about opposition to sunsetting the provisions. They  seem to forget, as does Obama, that the proponents of the FISA Court's expansive reading of section 215 have not yet come up with a single instance where 215-derived data caught a single terrorist or prevented a single act of terrorism. Which means that if that data is of some use, it ain't in fighting terrorism, the purpose of the section.  Patriot Act § 215 is codified as 50 USCS § 1861, https://www.law.cornell.edu/uscode/text/50/1861 That section authorizes the FBI to obtain an iorder from the FISA Court "requiring the production of *any tangible things* (including books, records, papers, documents, and other items)."  Specific examples (a non-exclusive list) include: the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person." The Court can order that the recipient of the order tell no one of its receipt of the order or its response to it.   In other words, this is about way more than your telephone metadata. Do you trust the NSA with your medical records? 
Paul Merrell

Huawei launches first product with own operating system - 0 views

sg.news.yahoo.com/system-171302348--finance.html

Huawei HarmonyOS Android sanctions

shared by Paul Merrell on 15 Aug 19 - No Cached
  • 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

Keller Lenkner & Quinn Emanuel File Antitrust Class-Action Lawsuit Against Facebook - 1 views

apnews.com/...c2eafb45b762ced73efb3d2c6833f1

Facebook litigation antitrust

shared by Paul Merrell on 14 Dec 20 - No Cached
  • National plaintiffs’ law firm Keller Lenkner LLC and global business litigation firm Quinn Emanuel Urquhart & Sullivan, LLP filed a class-action lawsuit against Facebook, Inc. alleging violations of federal antitrust laws and California law on behalf of Facebook users.ADVERTISEMENTFiled in the U.S. District Court for the Northern District of California, the complaint alleges that Facebook obtained and maintained a social network and social media monopoly by consistently deceiving consumers about the data-privacy protections it provided to users, and by exploiting the data it extracted from users to target smaller startup companies for destruction or acquisition.The lawsuit seeks to put an end to Facebook’s misrepresentations about its privacy practices and its anticompetitive acquisition conduct; to require Facebook to engage in third-party auditing of its conduct; and to require Facebook to divest assets, such as Instagram and WhatsApp, that entrench its market power.
  • According to the complaint, which was filed on behalf of named plaintiffs Sarah Grabert and Maximilian Klein, Facebook did not achieve its Big Tech monopoly through innovation or vigorous competition. Despite its public pledge to protect user privacy, Facebook lied to users and violated their trust in a scheme to build a technology empire. Facebook also acquired technology from smaller firms that it used to track consumer activity across the internet so that it could identify and target competitors.ADVERTISEMENTThe complaint further alleges that in a strategic, intentional ploy for market domination, Facebook engaged in its scheme to destroy all competition without a care for the ultimate harm it would inflict on consumers. By the time Facebook’s deception about its lackluster privacy protections became public knowledge, Facebook had already achieved dominance, making it difficult for any firm to challenge its social media and social network monopoly.
  • The complaint notes that Facebook derives enormous economic value from the data it harvests from consumers on its platform. In fact, Facebook itself has described how it generates massive earnings per user from the data it collects. The complaint details how Facebook’s destruction of competition has caused consumers substantial economic injury. Consumers who sign up for Facebook agree to give up their valuable data and attention in exchange for using Facebook’s platform. That information and attention is then sold in measurable units to advertisers in exchange for money. The complaint alleges that consumers were harmed by Facebook’s anticompetitive conduct, as they did not receive the benefit of their bargain with Facebook.The lawsuit includes claims for violations of federal antitrust laws and California common law. It also seeks an order enjoining Facebook from continuing to engage in the alleged wrongful acts, requiring Facebook to engage third-party auditors to evaluate and correct problems with Facebook’s conduct, and requiring Facebook to divest assets like Instagram and WhatsApp. The lawsuit also seeks monetary damages, restitution and/or disgorgement of Facebook’s wrongful gains, attorneys’ fees, and costs.
Paul Merrell

House Committee Passes 'Big Tech' Antitrust Package Despite Lobbying Onslaught | ZeroHedge - 1 views

www.zerohedge.com/...package-passed-house-committee

antitrust legislation U.S. BigTech

shared by Paul Merrell on 27 Jun 21 - No Cached
  • As the DoJ and FTC pursue civil antitrust litigation against some of America's largest tech firms, a House Committee has approved legislation to curb the market dominance of many of these same firms, including Google-owner Alphabet and Facebook. However, according to a report from WSJ, the tech firms targeted by the legislation are ramping up their lobbying efforts, precipitating a pitched battle over the legislation in the Senate.At the core of the six-bill raft of legislation is a measure to bar big tech firms from favoring their own products on their platforms. It was approved by the House committee early Thursday by a vote of 24 to 20.The NYT reported that Apple and other tech giants engaged in aggressive lobbying against the six-bill package, with Apple CEO Tim Cook going so far as to call Speaker Nancy Pelosi and other top lawmakers to warn them against supporting the legislation. Per the NYT, the calls from Cook were "part of a forceful and wide-ranging pushback by the tech industry since the proposals were announced this month. Executives, lobbyists, and more than a dozen think tanks and advocacy groups paid by tech companies have swarmed Capitol offices, called and emailed lawmakers and their staff members, and written letters arguing there will be dire consequences for the industry and the country if the ideas become law."
  • Mirroring the outcome of several EU anti-trust investigations, the legislation, known as the "American Choice and Innovation Online Act," the legislation would prohibit the owners of big platforms (like Amazon's online marketplace) from creating disadvantages for goods and services provided by competitors.
Gonzalo San Gil, PhD.

Pirates Switch From Torrents to Streaming and Download Sites - TorrentFreak - 1 views

torrentfreak.com/ming-and-download-sites-160426

pirates torrents streaming download sites sharers help creatrs stop industry politics manipulation VALUES control

shared by Gonzalo San Gil, PhD. on 27 Apr 16 - No Cached
  • Gonzalo San Gil, PhD. on 27 Apr 16
     
    " By Ernesto on April 26, 2016 C: 37 News A new report from piracy tracking firm MUSO reveals that the piracy landscape continues to evolve. Pirate sites received a staggering 140 billion visits last year, but there's a clear shift from torrents to direct download and streaming sites. Interestingly, traffic to private trackers remains relatively stable."
  • Gonzalo San Gil, PhD. on 27 Apr 16
     
    " By Ernesto on April 26, 2016 C: 37 News A new report from piracy tracking firm MUSO reveals that the piracy landscape continues to evolve. Pirate sites received a staggering 140 billion visits last year, but there's a clear shift from torrents to direct download and streaming sites. Interestingly, traffic to private trackers remains relatively stable."
Gonzalo San Gil, PhD.

"Media: when oligarchs go shopping" - RSF's latest report | RSF - 0 views

rsf.org/...go-shopping-rsfs-latest-report

oligarchy goes shopping buys owns Media outlets political bias manipulation worldwide

shared by Gonzalo San Gil, PhD. on 25 Jul 16 - No Cached
  • Gonzalo San Gil, PhD. on 25 Jul 16
     
    "It was in Russia that the word "oligarchs" was first used to denote very rich businessmen. Reporters Without Borders (RSF) has adopted the term to refer to billionaires who create or take over media empires to serve their business or political interests. There is a worldwide trend towards increasingly concentrated ownership of conglomerates that combine media outlets (TV channels, radio stations, newspapers and news websites) with banks, telecoms, property firms and construction companies. All this suits the rulers of countries such as China that espoused capitalism in order to better suppress democracy. "
  • Gonzalo San Gil, PhD. on 25 Jul 16
     
    "It was in Russia that the word "oligarchs" was first used to denote very rich businessmen. Reporters Without Borders (RSF) has adopted the term to refer to billionaires who create or take over media empires to serve their business or political interests. There is a worldwide trend towards increasingly concentrated ownership of conglomerates that combine media outlets (TV channels, radio stations, newspapers and news websites) with banks, telecoms, property firms and construction companies. All this suits the rulers of countries such as China that espoused capitalism in order to better suppress democracy. "
Gonzalo San Gil, PhD.

And The Movie File-Sharing Capital of The World Is.... | TorrentFreak - 0 views

torrentfreak.com/capital-of-the-world-is-140622

movie piracy capital world US should care own house instead quarrel neighbors

shared by Gonzalo San Gil, PhD. on 23 Jun 14 - No Cached
  • Gonzalo San Gil, PhD. on 23 Jun 14
     
    " Ernesto on June 22, 2014 C: 27 News New data collected by piracy monitoring firm MarkMonitor shows that the latest Hollywood blockbusters are most frequently shared from Russia, with America and Italy trailing behind. Per capita the results are completely different. Here the United Arab Emirates is in the lead, followed by Israel and Estonia."
  • Gonzalo San Gil, PhD. on 24 Jun 14
     
    " Ernesto on June 22, 2014 C: 27 News New data collected by piracy monitoring firm MarkMonitor shows that the latest Hollywood blockbusters are most frequently shared from Russia, with America and Italy trailing behind. Per capita the results are completely different. Here the United Arab Emirates is in the lead, followed by Israel and Estonia."
Gonzalo San Gil, PhD.

Most Top Films Are Not Available on Netflix, Research Finds | TorrentFreak - 0 views

torrentfreak.com/-netflix-research-finds-140926

most top films not Netflis available the magnificent entertainment media industry strategy culture neds free file-sharing

shared by Gonzalo San Gil, PhD. on 27 Sep 14 - No Cached
    • Gonzalo San Gil, PhD.
      Gonzalo San Gil, PhD. on 27 Sep 14
       
      # Anotheer sample of the cultural market manipulation...
  • Gonzalo San Gil, PhD. on 27 Sep 14
     
    [ Ernesto on September 26, 2014 C: 0 [Breaking A new study published by research firm KPMG reveals that only 16% of the most popular and critically acclaimed films are available via Netflix and other on-demand subscription services. ] [# ! ...The '#Magnificent' #Entertainment #Industry #Strategy: # ! A new envelopment for '#Their' #censorship. # ! Wanna #Thrive? #monetize (fairly and proportionally) #Free # ! #FileSharing (through ISPs, non-invasive advertising and, of # ! course, a little help from #governments, that already collect a lot # ! of Aficionados/consumers'/taxpayers'/citizens' #Money... )]
  • Gonzalo San Gil, PhD. on 27 Sep 14
     
    [ Ernesto on September 26, 2014 C: 0 [Breaking A new study published by research firm KPMG reveals that only 16% of the most popular and critically acclaimed films are available via Netflix and other on-demand subscription services. ]
Gonzalo San Gil, PhD.

Open source to make caring for your health feel wonderful | Opensource.com - 0 views

opensource.com/...juhan-sonin-involution-studios

interview Juhan Sonin Involution Studios open source health care you yourself wonderful

shared by Gonzalo San Gil, PhD. on 16 Jul 14 - No Cached
  • Gonzalo San Gil, PhD. on 16 Jul 14
     
    [Interview Juhan Sonin of Involution Studios] "Juhan Sonin wants to influence the world from protein, to policy, to pixel. And, he believes the only way to do that is with open source principles guiding the way. Juhan is the Creative Director at Involution Studios, a design firm educating and empowering people to feel wonderful by creating, developing, and licensing their work for the public."
  • Gonzalo San Gil, PhD. on 16 Jul 14
     
    "Juhan Sonin wants to influence the world from protein, to policy, to pixel. And, he believes the only way to do that is with open source principles guiding the way. Juhan is the Creative Director at Involution Studios, a design firm educating and empowering people to feel wonderful by creating, developing, and licensing their work for the public."
Gary Edwards

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

www.cato-unbound.org/...rt-shrank-intellectual-commons

patents software-patents

shared by Gary Edwards on 13 Sep 14 - No Cached
  • 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.
  • Gary Edwards on 13 Sep 14
     
    "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. "
  • Paul Merrell on 14 Sep 14
     
    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.
Gonzalo San Gil, PhD.

ISP Wants Court to Sanction Piracy Monitoring Firm | TorrentFreak - 1 views

torrentfreak.com/-piracy-monitoring-firm-140915

isp wants court sanction piracy monitoring firm illegal pracices IP enforcement excuse

shared by Gonzalo San Gil, PhD. on 16 Sep 14 - No Cached
  • Gonzalo San Gil, PhD. on 16 Sep 14
     
    " Ernesto on September 15, 2014 C: 11 Breaking After being challenged by Grande Communications, piracy monitoring outfit Rightscorp has withdrawn its request to identify the hundreds or thousands of customers who it earlier accused of piracy. The ISP is not letting Rightscorp walk away that easily though, and has asked the court for sanctions." [# ! #All vs @ll # ! … this is the only '#IP #Enforcement' is #getting: # ! To Establish a #Culture of #Clash. # ! It's this what '#They' really want…?]
  • Gonzalo San Gil, PhD. on 16 Sep 14
     
    " Ernesto on September 15, 2014 C: 11 Breaking After being challenged by Grande Communications, piracy monitoring outfit Rightscorp has withdrawn its request to identify the hundreds or thousands of customers who it earlier accused of piracy. The ISP is not letting Rightscorp walk away that easily though, and has asked the court for sanctions." [# all illegal...]
Paul Merrell

Popular Security Software Came Under Relentless NSA and GCHQ Attacks - The Intercept - 0 views

firstlook.org/...nsa-gchq-targeted-kaspersky

surveillance state NSA GCHQ anti-virus-software

shared by Paul Merrell on 23 Jun 15 - No Cached
  • The National Security Agency and its British counterpart, Government Communications Headquarters, have worked to subvert anti-virus and other security software in order to track users and infiltrate networks, according to documents from NSA whistleblower Edward Snowden. The spy agencies have reverse engineered software products, sometimes under questionable legal authority, and monitored web and email traffic in order to discreetly thwart anti-virus software and obtain intelligence from companies about security software and users of such software. One security software maker repeatedly singled out in the documents is Moscow-based Kaspersky Lab, which has a holding registered in the U.K., claims more than 270,000 corporate clients, and says it protects more than 400 million people with its products. British spies aimed to thwart Kaspersky software in part through a technique known as software reverse engineering, or SRE, according to a top-secret warrant renewal request. The NSA has also studied Kaspersky Lab’s software for weaknesses, obtaining sensitive customer information by monitoring communications between the software and Kaspersky servers, according to a draft top-secret report. The U.S. spy agency also appears to have examined emails inbound to security software companies flagging new viruses and vulnerabilities.
  • The efforts to compromise security software were of particular importance because such software is relied upon to defend against an array of digital threats and is typically more trusted by the operating system than other applications, running with elevated privileges that allow more vectors for surveillance and attack. Spy agencies seem to be engaged in a digital game of cat and mouse with anti-virus software companies; the U.S. and U.K. have aggressively probed for weaknesses in software deployed by the companies, which have themselves exposed sophisticated state-sponsored malware.
  • The requested warrant, provided under Section 5 of the U.K.’s 1994 Intelligence Services Act, must be renewed by a government minister every six months. The document published today is a renewal request for a warrant valid from July 7, 2008 until January 7, 2009. The request seeks authorization for GCHQ activities that “involve modifying commercially available software to enable interception, decryption and other related tasks, or ‘reverse engineering’ software.”
  • ...9 more annotations...
  • The NSA, like GCHQ, has studied Kaspersky Lab’s software for weaknesses. In 2008, an NSA research team discovered that Kaspersky software was transmitting sensitive user information back to the company’s servers, which could easily be intercepted and employed to track users, according to a draft of a top-secret report. The information was embedded in “User-Agent” strings included in the headers of Hypertext Transfer Protocol, or HTTP, requests. Such headers are typically sent at the beginning of a web request to identify the type of software and computer issuing the request.
  • According to the draft report, NSA researchers found that the strings could be used to uniquely identify the computing devices belonging to Kaspersky customers. They determined that “Kaspersky User-Agent strings contain encoded versions of the Kaspersky serial numbers and that part of the User-Agent string can be used as a machine identifier.” They also noted that the “User-Agent” strings may contain “information about services contracted for or configurations.” Such data could be used to passively track a computer to determine if a target is running Kaspersky software and thus potentially susceptible to a particular attack without risking detection.
  • Another way the NSA targets foreign anti-virus companies appears to be to monitor their email traffic for reports of new vulnerabilities and malware. A 2010 presentation on “Project CAMBERDADA” shows the content of an email flagging a malware file, which was sent to various anti-virus companies by François Picard of the Montréal-based consulting and web hosting company NewRoma. The presentation of the email suggests that the NSA is reading such messages to discover new flaws in anti-virus software. Picard, contacted by The Intercept, was unaware his email had fallen into the hands of the NSA. He said that he regularly sends out notification of new viruses and malware to anti-virus companies, and that he likely sent the email in question to at least two dozen such outfits. He also said he never sends such notifications to government agencies. “It is strange the NSA would show an email like mine in a presentation,” he added.
  • The NSA presentation goes on to state that its signals intelligence yields about 10 new “potentially malicious files per day for malware triage.” This is a tiny fraction of the hostile software that is processed. Kaspersky says it detects 325,000 new malicious files every day, and an internal GCHQ document indicates that its own system “collect[s] around 100,000,000 malware events per day.” After obtaining the files, the NSA analysts “[c]heck Kaspersky AV to see if they continue to let any of these virus files through their Anti-Virus product.” The NSA’s Tailored Access Operations unit “can repurpose the malware,” presumably before the anti-virus software has been updated to defend against the threat.
  • The Project CAMBERDADA presentation lists 23 additional AV companies from all over the world under “More Targets!” Those companies include Check Point software, a pioneering maker of corporate firewalls based Israel, whose government is a U.S. ally. Notably omitted are the American anti-virus brands McAfee and Symantec and the British company Sophos.
  • As government spies have sought to evade anti-virus software, the anti-virus firms themselves have exposed malware created by government spies. Among them, Kaspersky appears to be the sharpest thorn in the side of government hackers. In the past few years, the company has proven to be a prolific hunter of state-sponsored malware, playing a role in the discovery and/or analysis of various pieces of malware reportedly linked to government hackers, including the superviruses Flame, which Kaspersky flagged in 2012; Gauss, also detected in 2012; Stuxnet, discovered by another company in 2010; and Regin, revealed by Symantec. In February, the Russian firm announced its biggest find yet: the “Equation Group,” an organization that has deployed espionage tools widely believed to have been created by the NSA and hidden on hard drives from leading brands, according to Kaspersky. In a report, the company called it “the most advanced threat actor we have seen” and “probably one of the most sophisticated cyber attack groups in the world.”
  • Hacks deployed by the Equation Group operated undetected for as long as 14 to 19 years, burrowing into the hard drive firmware of sensitive computer systems around the world, according to Kaspersky. Governments, militaries, technology companies, nuclear research centers, media outlets and financial institutions in 30 countries were among those reportedly infected. Kaspersky estimates that the Equation Group could have implants in tens of thousands of computers, but documents published last year by The Intercept suggest the NSA was scaling up their implant capabilities to potentially infect millions of computers with malware. Kaspersky’s adversarial relationship with Western intelligence services is sometimes framed in more sinister terms; the firm has been accused of working too closely with the Russian intelligence service FSB. That accusation is partly due to the company’s apparent success in uncovering NSA malware, and partly due to the fact that its founder, Eugene Kaspersky, was educated by a KGB-backed school in the 1980s before working for the Russian military.
  • Kaspersky has repeatedly denied the insinuations and accusations. In a recent blog post, responding to a Bloomberg article, he complained that his company was being subjected to “sensationalist … conspiracy theories,” sarcastically noting that “for some reason they forgot our reports” on an array of malware that trace back to Russian developers. He continued, “It’s very hard for a company with Russian roots to become successful in the U.S., European and other markets. Nobody trusts us — by default.”
  • Documents published with this article: Kaspersky User-Agent Strings — NSA Project CAMBERDADA — NSA NDIST — GCHQ’s Developing Cyber Defence Mission GCHQ Application for Renewal of Warrant GPW/1160 Software Reverse Engineering — GCHQ Reverse Engineering — GCHQ Wiki Malware Analysis & Reverse Engineering — ACNO Skill Levels — GCHQ
Gonzalo San Gil, PhD.

Google, Facebook and Twitter Protest Hollywood's 'SOPA Resurrection' - TorrentFreak - 0 views

torrentfreak.com/woods-sopa-resurrection-150811

google facebook twitter protest hollywood SOPA resurrection Ernesto on August 11 2015 C: 57 Breaking A broad coalition of global tech firms including Google Facebook Twitter Tumblr and Yahoo are protesting a broad injunction that would require search engi

shared by Gonzalo San Gil, PhD. on 12 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 12 Aug 15
     
    " Ernesto on August 11, 2015 C: 57 Breaking A broad coalition of global tech firms including Google, Facebook, Twitter, Tumblr and Yahoo are protesting a broad injunction that would require search engines, ISPs and hosting companies to stop linking to or offering services to MovieTube. The preliminary injunction requested by the MPAA resurrects parts of the controversial SOPA bill, the tech giants warn."
Gonzalo San Gil, PhD.

The Evidence Is In: Patent Trolls Do Hurt Innovation - James Bessen - Harvard Business ... - 0 views

blogs.hbr.org/...tent-trolls-do-hurt-innovation

evidence patent trolls hurt innovation harvard business review

shared by Gonzalo San Gil, PhD. on 28 Jul 14 - No Cached
  • Gonzalo San Gil, PhD. on 28 Jul 14
     
    "by James Bessen | 10:00 AM July 25, 2014 Comments (12) Over the last two years, much has been written about patent trolls, firms that make their money asserting patents against other companies, but do not make a useful product of their own. Both the White House and Congressional leaders have called for patent reform to fix the underlying problems that give rise to patent troll lawsuits. "
  • Gonzalo San Gil, PhD. on 29 Jul 14
     
    "by James Bessen | 10:00 AM July 25, 2014 Comments (12) Over the last two years, much has been written about patent trolls, firms that make their money asserting patents against other companies, but do not make a useful product of their own. Both the White House and Congressional leaders have called for patent reform to fix the underlying problems that give rise to patent troll lawsuits. "
Gonzalo San Gil, PhD.

Anti-Piracy Firm Rightscorp On The Brink of Bankruptcy? | TorrentFreak - 1 views

torrentfreak.com/the-brink-of-bankruptcy-141114

Anti-Piracy Firm Rightscorp On The Brink of Bankruptcy business abuse flaws law

shared by Gonzalo San Gil, PhD. on 15 Nov 14 - No Cached
  • Gonzalo San Gil, PhD. on 15 Nov 14
     
    [# ! It's hard to make a living... # ! ... Abusing The Flaws of the Law # ! and The Pe@ple's misinformation... isn't it? # ! ;) # ! Look for other business. ]
Paul Merrell

BBC News - GCHQ's Robert Hannigan says tech firms 'in denial' on extremism - 0 views

www.bbc.com/uk-29891285

surveillance state GCHQ terrorists™

shared by Paul Merrell on 05 Nov 14 - No Cached
  • Web giants such as Twitter, Facebook and WhatsApp have become "command-and-control networks... for terrorists and criminals", GCHQ's new head has said. Islamic State extremists had "embraced" the web but some companies remained "in denial" over the problem, Robert Hannigan wrote in the Financial Times. He called for them to do more to co-operate with security services. However, civil liberties campaigners said the companies were already working with the intelligence agencies. None of the major tech firms has yet responded to Mr Hannigan's comments.
  • GCHQ, terrorists, and the internet: what are the issues? GCHQ v tech firms: Internet reacts Change at the top for Britain's
  • Mr Hannigan said IS had "embraced the web as a noisy channel in which to promote itself, intimidate people, and radicalise new recruits." The "security of its communications" added another challenge to agencies such as GCHQ, he said - adding that techniques for encrypting - or digitally scrambling - messages "which were once the preserve of the most sophisticated criminals or nation states now come as standard". GCHQ and its sister agencies, MI5 and the Secret Intelligence Service, could not tackle these challenges "at scale" without greater support from the private sector, including the largest US technology companies which dominate the web, he wrote.
  • Paul Merrell on 05 Nov 14
     
    What I want to know is what we're going to do with that NSA data center at Bluffdale, Utah, after the NSA is abolished? Maybe give it to the Internet Archive?
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