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.
The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commo... - 1 views
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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.
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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:
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"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. "
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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.
Free Music Streaming Site Revives Grooveshark Magic, And More - TorrentFreak - 0 views
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"StreamSquid is a new service which allows users to stream music for free, using legal services such as YouTube and Soundcloud as a backbone. The streaming platform has an intuitive user interface that allows people to discover new music and manage their own playlists. As an added bonus, former Grooveshark users can revive their playlists in just one click."
Design for Developers: Interactivity, animations, and AJAX - 0 views
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Awesome commentary in the must read category. JC nails it; starting with "layout"! ....... "We were both part of the same team and he was creating some UI elements that I was to wire up. As I sat there (in awe) watching him work I realized that much of his considerable skill was rooted in fundamentals not unlike the art of programming. Of course, there are design skills that are intuitive that can't be "learned." But, that can also be said of the logical clarity found in a really elegant data model or a brilliant inheritance tree. I am certainly no designer, but I have observed the more creative among us for several years and have gained some insight into their world. In this article I'll share some basic principles that can help raise your design acumen and improve the experience of your users...... " Layout I'd like to attack my goal of imparting design wisdom by breaking the topic into four buckets. The first is layout.
The People and Tech Behind the Panama Papers - Features - Source: An OpenNews project - 0 views
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Then we put the data up, but the problem with Solr was it didn’t have a user interface, so we used Project Blacklight, which is open source software normally used by librarians. We used it for the journalists. It’s simple because it allows you to do faceted search—so, for example, you can facet by the folder structure of the leak, by years, by type of file. There were more complex things—it supports queries in regular expressions, so the more advanced users were able to search for documents with a certain pattern of numbers that, for example, passports use. You could also preview and download the documents. ICIJ open-sourced the code of our document processing chain, created by our web developer Matthew Caruana Galizia. We also developed a batch-searching feature. So say you were looking for politicians in your country—you just run it through the system, and you upload your list to Blacklight and you would get a CSV back saying yes, there are matches for these names—not only exact matches, but also matches based on proximity. So you would say “I want Mar Cabra proximity 2” and that would give you “Mar Cabra,” “Mar whatever Cabra,” “Cabra, Mar,”—so that was good, because very quickly journalists were able to see… I have this list of politicians and they are in the data!
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Last Sunday, April 3, the first stories emerging from the leaked dataset known as the Panama Papers were published by a global partnership of news organizations working in coordination with the International Consortium of Investigative Journalists, or ICIJ. As we begin the second week of reporting on the leak, Iceland’s Prime Minister has been forced to resign, Germany has announced plans to end anonymous corporate ownership, governments around the world launched investigations into wealthy citizens’ participation in tax havens, the Russian government announced that the investigation was an anti-Putin propaganda operation, and the Chinese government banned mentions of the leak in Chinese media. As the ICIJ-led consortium prepares for its second major wave of reporting on the Panama Papers, we spoke with Mar Cabra, editor of ICIJ’s Data & Research unit and lead coordinator of the data analysis and infrastructure work behind the leak. In our conversation, Cabra reveals ICIJ’s years-long effort to build a series of secure communication and analysis platforms in support of genuinely global investigative reporting collaborations.
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For communication, we have the Global I-Hub, which is a platform based on open source software called Oxwall. Oxwall is a social network, like Facebook, which has a wall when you log in with the latest in your network—it has forum topics, links, you can share files, and you can chat with people in real time.
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Crocodile Attack on food people screem around the way. - YouTube - 1 views
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Crocodiles are brilliant animals. They have been around since the season of the dinosaurs, and they have taken this opportunity to consul themselves into a definitive executing machines. They are bosses of disguise, solid, and if necessary they can abandon sustenance for quite a while. They are the animals of numerous individuals' bad dreams. However, when you are cautious around crocodile domain, you don't need to dread them, you can simply appreciate them for what they are, the guardians of the waterways. What's more, please add to crocodile protection. The entire group of various species is known as the 'crocodilians'. This incorporates salt-water crocodiles, new water crocodiles, gators, gharials and caimans. At present there are 23 unique types of crocodilians around the globe. The majority of these are imperiled however, in light of the fact that human development is gradually assuming control over their region. This implies lodging improvements are worked around the waterways where they live, and crocodilians are pursued out. This is a disgrace, and unbalances the entire eco-frameworks of these waterways. Numerous other creature species have adjusted to the crocodiles around them, and crocs live by the tenet of the fittest will survive. They eat feeble and wiped out creatures. Crocodile protection is critical and merits much more consideration than it as of now gets.
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