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Gonzalo San Gil, PhD.

Be Happy: Software Patents Are Rapidly Disappearing Thanks To The Supreme Court | Techdirt - 1 views

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    "from the another-one-gone-and-another-one-gone dept We've written a few times lately about the fact that the Supreme Court's decision in Alice v. CLS Bank seems to have finally broken the dam in getting courts to recognize that most software isn't patentable."
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    "from the another-one-gone-and-another-one-gone dept We've written a few times lately about the fact that the Supreme Court's decision in Alice v. CLS Bank seems to have finally broken the dam in getting courts to recognize that most software isn't patentable."
Gonzalo San Gil, PhD.

Congressional attack on patent trolls begins anew | Ars Technica - 0 views

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    "Bill "will help patent holders, spur innovation and ultimately grow our economy." by David Kravets - Apr 29, 2015 8:32 pm UTC"
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    "Bill "will help patent holders, spur innovation and ultimately grow our economy." by David Kravets - Apr 29, 2015 8:32 pm UTC"
Paul Merrell

Open letter to Google: free VP8, and use it on YouTube - Free Software Foundation - 0 views

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    With your purchase of On2, you now own both the world's largest video site (YouTube) and all the patents behind a new high performance video codec -- VP8. Just think what you can achieve by releasing the VP8 codec under an irrevocable royalty-free license and pushing it out to users on YouTube? You can end the web's dependence on patent-encumbered video formats and proprietary software (Flash). This ability to offer a free format on YouTube, however, is only a tiny fraction of your real leverage. The real party starts when you begin to encourage users' browsers to support free formats. There are lots of ways to do this. Our favorite would be for YouTube to switch from Flash to free formats and HTML, offering users with obsolete browsers a plugin or a new browser (free software, of course). Apple has had the mettle to ditch Flash on the iPhone and the iPad -- albeit for suspect reasons and using abhorrent methods (DRM) -- and this has pushed web developers to make Flash-free alternatives of their pages. You could do the same with YouTube, for better reasons, and it would be a death-blow to Flash's dominance in web video. If you care about free software and the free web (a movement and medium to which you owe your success) you must take bold action to replace Flash with free standards and free formats. Patented video codecs have already done untold harm to the web and its users, and this will continue until we stop it. Because patent-encumbered formats were costly to incorporate into browsers, a bloated, ill-suited piece of proprietary software (Flash) became the de facto standard for online video. Until we move to free formats, the threat of patent lawsuits and licensing fees hangs over every software developer, video creator, hardware maker, web site and corporation -- including you. You can use your purchase of On2 merely as a bargaining chip to achieve your own private solution to the problem, but that's both a cop-out and a strategic mistake. Without making VP
Gonzalo San Gil, PhD.

Disney Patents a Piracy Free Search Engine | TorrentFreak - 0 views

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    " Ernesto on October 31, 2014 C: 56 News Disney has just obtained a patent for a search engine that ranks sites based on various "authenticity" factors. One of the goals of the technology is to filter pirated material from search results while boosting the profile of copyright and trademark holders' websites." [# ! #Imagine... # ! ... this kind of '#artifacts' mandatory to the computer # ! manufacturers... [# Additional #WARNING: #Disney to #Decide the "#Authenticity" of web #contents... what's next?]]
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    " Ernesto on October 31, 2014 C: 56 News Disney has just obtained a patent for a search engine that ranks sites based on various "authenticity" factors. One of the goals of the technology is to filter pirated material from search results while boosting the profile of copyright and trademark holders' websites."
Gonzalo San Gil, PhD.

Why one photographer decided to fight a patent on online contests | Ars Technica [# ! N... - 2 views

    • Gonzalo San Gil, PhD.
       
      # ! more ludicrous patents stuff...
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    [EFF's newest client: "How can you have a patent on a contest? It's not logical." by Joe Mullin - Feb 20, 2015 9:00 pm UTC ...]
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    [EFF's newest client: "How can you have a patent on a contest? It's not logical." by Joe Mullin - Feb 20, 2015 9:00 pm UTC ...]
Gonzalo San Gil, PhD.

More Information Emerges About the Microsoft-Red Hat Patent Agreement | Techrights - 0 views

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    "Summary: Informed (GNU/Linux-centric) journalists who looked beyond the misleading press releases and the distracting marketing campaign have managed to find out and highlight the patent issues associated with the Red Hat-Microsoft deal"
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    "Summary: Informed (GNU/Linux-centric) journalists who looked beyond the misleading press releases and the distracting marketing campaign have managed to find out and highlight the patent issues associated with the Red Hat-Microsoft deal"
Gonzalo San Gil, PhD.

NBC Universal patents a method for hunting BitTorrent pirates - 1 views

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    "In an effort to curb piracy of copyrighted content, entertainment giant NBC Universal has patented a way to detect files being shared by large groups of people on peer-to-peer networks in real-time."
Gonzalo San Gil, PhD.

Call for Papers | thinktwice.com | Creativity, Human Rights, Hacktivism [# Vi... - 0 views

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    "Call for Papers CALL FOR SUBMISSIONS We are looking for session submissions from Pirates, NGOs and Academia to following tracks: (other topics are allowed as well) Creativity: copyrights, patents, collaboration, citizen journalism, media, DRM, open access, FOI, public licensing, policy reform, education, etc… Human Rights: security, data protection, surveillance, FOI, basic income, emigration, voting rights, drones, non-proliferation, dual use technology, encryption, anonymity, transparency, net neutrality, open data, egovernment, society, whistle blowing, political science, etc… Activism|Hacktivism: Future, innovation, liquid democracy, transhumanism, cyborgs, startups, vision, 3d-printing, crowdsourcing, big data, participation, pirate parties, artificial intelligence, globalization, space travel, social networks, freemanning, freehammond, hacktivism, activism, civil disobedience, hacker culture, cyberpunk, cypherpunk, wikileaks, surveillance, digital activism, etc..."
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    "Call for Papers CALL FOR SUBMISSIONS We are looking for session submissions from Pirates, NGOs and Academia to following tracks: (other topics are allowed as well) Creativity: copyrights, patents, collaboration, citizen journalism, media, DRM, open access, FOI, public licensing, policy reform, education, etc… Human Rights: security, data protection, surveillance, FOI, basic income, emigration, voting rights, drones, non-proliferation, dual use technology, encryption, anonymity, transparency, net neutrality, open data, egovernment, society, whistle blowing, political science, etc… Activism|Hacktivism: Future, innovation, liquid democracy, transhumanism, cyborgs, startups, vision, 3d-printing, crowdsourcing, big data, participation, pirate parties, artificial intelligence, globalization, space travel, social networks, freemanning, freehammond, hacktivism, activism, civil disobedience, hacker culture, cyberpunk, cypherpunk, wikileaks, surveillance, digital activism, etc..."
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    "Call for Papers CALL FOR SUBMISSIONS We are looking for session submissions from Pirates, NGOs and Academia to following tracks: (other topics are allowed as well) Creativity: copyrights, patents, collaboration, citizen journalism, media, DRM, open access, FOI, public licensing, policy reform, education, etc… Human Rights: security, data protection, surveillance, FOI, basic income, emigration, voting rights, drones, non-proliferation, dual use technology, encryption, anonymity, transparency, net neutrality, open data, egovernment, society, whistle blowing, political science, etc… Activism|Hacktivism: Future, innovation, liquid democracy, transhumanism, cyborgs, startups, vision, 3d-printing, crowdsourcing, big data, participation, pirate parties, artificial intelligence, globalization, space travel, social networks, freemanning, freehammond, hacktivism, activism, civil disobedience, hacker culture, cyberpunk, cypherpunk, wikileaks, surveillance, digital activism, etc..."
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    [# Via FB's Francisco George x Arif Yıldırım] Deadline July 18th 2014 "Call for Papers CALL FOR SUBMISSIONS We are looking for session submissions from Pirates, NGOs and Academia to following tracks: (other topics are allowed as well) Creativity: copyrights, patents, collaboration, citizen journalism, media, DRM, open access, FOI, public licensing, policy reform, education, etc… Human Rights: security, data protection, surveillance, FOI, basic income, emigration, voting rights, drones, non-proliferation, dual use technology, encryption, anonymity, transparency, net neutrality, open data, egovernment, society, whistle blowing, political science, etc… Activism|Hacktivism: Future, innovation, liquid democracy, transhumanism, cyborgs, startups, vision, 3d-printing, crowdsourcing, big data, participation, pirate parties, artificial intelligence, globalization, space travel, social networks, freemanning, freehammond, hacktivism, activism, civil disobedience, hacker culture, cyberpunk, cypherpunk, wikileaks, surveillance, digital activism, etc..."
Gonzalo San Gil, PhD.

Jury finds CBS infringes podcasting patent, awards $1.3 million | Ars Technica - 1 views

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    ""Patent troll" lost its damages case, but it can move on to trials against NBC, Fox."
Gonzalo San Gil, PhD.

Apple Patents Technology to Legalize P2P Sharing | TorrentFreak * - 1 views

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    "This means that transferring files between devices is only possible if these support Apple's licensing scheme. That's actually a step backwards from the DRM-free music that's sold in most stores today." [* What 'Apple's licensing scheme' -closed source- can hide?]
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    "This means that transferring files between devices is only possible if these support Apple's licensing scheme. That's actually a step backwards from the DRM-free music that's sold in most stores today." [* What 'Apple's licensing scheme' -closed source- can hide?]
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    A business method software patent combining old elements that are all prior art, including DRM. Yech! "... a patent that makes it possible to license P2P sharing" really puts a spin on reality. If the methods were in the public domain, anyone could use them without a license. That's equivalent to to saying "a government-granted monopoly with the power but no responsibility to collect money from anyone who wants to invade the monopoly's protected rights" and presenting that fact as some sort of tremendous philanthropic act by Apple. On software patent claims as prior art and obvious, see my legal memo on that topic here. http://goo.gl/5X8Kg9
Gonzalo San Gil, PhD.

Richard Stallman and Eben Moglen on the Microsoft-Red Hat Deal | Techrights - 0 views

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    "Summary: Founder of Free software and author of the GPL (respectively) comment on what Microsoft and Red Hat have done regarding patents WE FINALLY GOT some feedback regarding the baffling patent agreement which seemingly affects every user of GNU/Linux. We got this feedback from Stallman and (indirectly) Moglen, two of the Free software world's most prominent individuals, especially when it comes to the GPL (GNU Public Licence/License)."
Paul Merrell

Supreme Court Will Hear Arguments On Section 101 Software Patent Eligibility | Bloomber... - 0 views

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    U.S. Supreme Court finally to decide whether software patent claims are legal? It looks like this may finally be the case. 
Gonzalo San Gil, PhD.

California Supreme Court Shows How Pharma 'Pay For Delay' Can Violate Antitrust Laws | ... - 0 views

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    "from the antitrust dept For many years now, we've been talking about the problematic practice of "pay for delay" in the pharma industry. This involved patent holders paying generic pharmaceutical makers some amount of money to not enter the market in order to keep their own monopoly even longer."
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    "from the antitrust dept For many years now, we've been talking about the problematic practice of "pay for delay" in the pharma industry. This involved patent holders paying generic pharmaceutical makers some amount of money to not enter the market in order to keep their own monopoly even longer."
Gonzalo San Gil, PhD.

Free Software, Free Society - Download Here - 0 views

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    "Free Software, Free Society by Richard M. Stallman Publisher: Free Software Foundation 2002 ISBN/ASIN: 1882114981 ISBN-13: 9781882114986 Number of pages: 230 Description: The intersection of ethics, law, business and computer software is the subject of these essays and speeches by MacArthur Foundation Grant winner, Richard M. Stallman. This collection includes historical writings such as The GNU Manifesto, which defined and launched the activist Free Software Movement, along with new writings on hot topics in copyright, patent law, and the controversial issue of "trusted computing." Stallman takes a critical look at common abuses of copyright law and patents when applied to computer software programs, and how these abuses damage our entire society and remove our existing freedoms."
Gonzalo San Gil, PhD.

MPEG-LA is Preparing New Patent Obstruction (Called DASH) Against Free Software, OIN Gr... - 0 views

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    "Posted in Patents at 11:29 am by Dr. Roy Schestowitz Summary: A new conspiracy against free multimedia software, set up by the MPEG cartel, is called DASH" [MPEG-LA is technically a troll, one that is backed and funded by Apple and Microsoft, among other giants)]
Gonzalo San Gil, PhD.

Defamation suit against EFF dropped three days after it's served | Ars Technica - 0 views

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    "A patent lawyer who sued the Electronic Frontier Foundation for defamation for writing about his invention in a "Stupid Patent of the Month" blog post has dropped the lawsuit. "There was no settlement or agreement," EFF general counsel Kurt Opsahl told Ars in an e-mail. "It was a voluntary dismissal of a meritless lawsuit by Scott Horstemeyer.""
Gonzalo San Gil, PhD.

Here's why patents are innovation's worst enemy | Vivek Wadhwa | LinkedIn - 1 views

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    "The Founding Fathers of the United States considered intellectual property so important that they gave it a special place in the Constitution: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.""
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    "The Founding Fathers of the United States considered intellectual property so important that they gave it a special place in the Constitution: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.""
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    The quote is somewhat misleading because it is out of context. The section is preceded by: "The Congress shall have Power ..." Those are words of discretion, not commandment. Nothing in the Constitution *requires* that patent and copyright systems be established. "Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, *but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body."* VI Writings of Thomas Jefferson, at 180-181 (Washington ed.).
Paul Merrell

Civil society organisations say no to intellectual property in EU - US trade agreement ... - 0 views

  • Brussels, 18 March 2013 -- More than 35 European and United States civil society organisations insist that a proposed trade agreement between the EU and the US exclude any provisions related to patents, copyright, trademarks, or other forms of so-called "intellectual property". Such provisions could impede citizens' rights to health, culture, and free expression and otherwise affect their daily lives.
  • The civil society organisations also insist that the EU and US will release the negotiating texts of the trade agreement they intend to negotiate. They believe that secretive "trade" negotiations are absolutely unacceptable forums for devising binding rules that change national non-trade laws.
  • We, the undersigned, are internet freedom and public health groups, activists, and other public interest leaders dedicated to the rights of all people to access cultural and educational resources and affordable medicines, to enjoy a free and open internet, and to benefit from open and needs-driven innovation. First, we insist that the European Union and United States release, in timely and ongoing fashion, any and all negotiating or pre-negotiation texts. We believe that secretive "trade" negotiations are absolutely unacceptable forums for devising binding rules that change national non-trade laws. Second, we insist that the proposed TAFTA exclude any provisions related to patents, copyright, trademarks, data protection, geographical indications, or other forms of so-called "intellectual property". Such provisions could impede our rights to health, culture, and free expression and otherwise affect our daily lives.
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  • Past trade agreements negotiated by the US and EU have significantly increased the privileges of multinational corporations at the expense of society in general. Provisions in these agreements can, among many other concerns, limit free speech, constrain access to educational materials such as textbooks and academic journals, and, in the case of medicines, raise healthcare costs and contribute to preventable suffering and death. Unless "intellectual property" is excluded from these talks, we fear that the outcome will be an agreement that inflicts the worst of both regimes’ rules on the other party. From a democratic perspective, we believe that important rules governing technology, health, and culture should be debated in the US Congress, the European Parliament, national parliaments, and other transparent forums where all stakeholders can be heard—not in closed negotiations that give privileged access to corporate insiders. The TAFTA negotiations must not lead to a rewriting of patent and copyright rules in a way that tilts the balance even further away from the interests of citizens.
Paul Merrell

German Parliament tells government to strictly limit patents on software - 0 views

  • Tens of thousands of software patents in Germany and Europe present enormous cost and liability risks, especially for SMEs. Several German SME associations welcomed the Parliament's decision. However they warn against giving all the responsibility to Brussels, as the EU has been consistently incapable of providing software developers with legal certainty. "Germany now has to implement this decision in law, to send a strong signal towards Brussels," says Johannes Sommer of BIKT, one of the associations.
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