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Paul Merrell

The FCC is about to kill the free Internet | PandoDaily - 0 views

pando.com/...bout-to-kill-the-free-internet

net neutrality FCC

shared by Paul Merrell on 24 Apr 14 - No Cached
  • The Federal Communications Commission is poised to ruin the free Internet on a technicality. The group is expected to introduce new net neutrality laws that would allow companies to pay for better access to consumers through deals similar to the one struck by Netflix and Comcast earlier this year. The argument is that those deals don’t technically fall under the net neutrality umbrella, so these new rules won’t apply to them even though they directly affect the Internet. At least the commission is being upfront about its disinterest in protecting the free Internet.
  • The Verge notes that the proposed rules will offer some protections to consumers: The Federal Communication Commission’s proposal for new net neutrality rules will allow internet service providers to charge companies for preferential treatment, effectively undermining the concept of net neutrality, according to The Wall Street Journal. The rules will reportedly allow providers to charge for preferential treatment so long as they offer that treatment to all interested parties on “commercially reasonable” terms, with the FCC will deciding whether the terms are reasonable on a case-by-case basis. Providers will not be able to block individual websites, however. The goal of net neutrality rules is to prevent service providers from discriminating between different content, allowing all types of data and all companies’ data to be treated equally. While it appears that outright blocking of individual services won’t be allowed, the Journal reports that some forms of discrimination will be allowed, though that will apparently not include slowing down websites.
  • Re/code summarizes the discontent with these proposed rules: Consumer groups have complained about that plan because they’re worried that Wheeler’s rules may not hold up in court either. A federal appeals court rejected two previous versions of net neutrality rules after finding fault in the FCC’s legal reasoning. During the latest smackdown, however, the court suggested that the FCC had some authority to impose net neutrality rules under a section of the law that gives the agency the ability to regulate the deployment of broadband lines. Internet activists would prefer that the FCC just re-regulate Internet lines under old rules designed for telephone networks, which they say would give the agency clear authority to police Internet lines. Wheeler has rejected that approach for now. Phone and cable companies, including Comcast, AT&T and Verizon, have vociferously fought that idea over the past few years.
  • ...2 more annotations...
  • The Chicago Tribune reports on the process directing these rules: The five-member regulatory commission may vote as soon as May to formally propose the rules and collect public comment on them. Virtually all large Internet service providers, such as Verizon Communications Inc. and Time Warner Cable Inc., have pledged to abide by the principles of open Internet reinforced by these rules. But critics have raised concerns that, without a formal rule, the voluntary pledges could be pulled back over time and also leave the door open for deals that would give unequal treatment to websites or services.
  • I wrote about the European Union’s attempts to defend the free Internet: The legislation is meant to provide access to online services ‘without discrimination, restriction or interference, independent of the sender, receiver, type, content, device, service or application.’ For example, ISPs would be barred from slowing down or ‘throttling’ the speed at which one service’s videos are delivered while allowing other services to stream at normal rates. To bastardize Gertrude Stein: a byte is a byte is a byte. Such restrictions would prevent deals like the one Comcast recently made with Netflix, which will allow the service’s videos to reach consumers faster than before. Comcast is also said to be in talks with Apple for a deal that would allow videos from its new streaming video service to reach consumers faster than videos from competitors. The Federal Communications Commission’s net neutrality laws don’t apply to those deals, according to FCC Chairman Tom Wheeler, so they are allowed to continue despite the threat they pose to the free Internet.
  • Paul Merrell on 24 Apr 14
     
    Cute. Deliberately not using the authority the court of appeals said it could use to impose net neutrality. So Europe can have net neutrality but not in the U.S.
Gonzalo San Gil, PhD.

New 'Company' Claims It Uses Algorithms To Create Content Faster Than Creators Can, Mak... - 1 views

www.techdirt.com/...ure-creations-infringing.shtml

company uses algorithms creatin content claim copyright over everything created even future

shared by Gonzalo San Gil, PhD. on 30 Sep 14 - No Cached
  • Gonzalo San Gil, PhD. on 30 Sep 14
     
    "from the [algorithmically-generated-trollface] dept Over the weekend, TorrentFreak covered the discovery of the latest thing in copyright enforcement: algorithmically-generated content created solely for the purpose of extracting infringement settlements and licensing fees. " [# ! The Dark Side of the #Copyright, #unveiled: # ! It's just to #undermine #creation (contrarily to its original #aim…) (# ! #wonder why #copyleft is #rising…)]
  • Gonzalo San Gil, PhD. on 30 Sep 14
     
    "from the [algorithmically-generated-trollface] dept Over the weekend, TorrentFreak covered the discovery of the latest thing in copyright enforcement: algorithmically-generated content created solely for the purpose of extracting infringement settlements and licensing fees. "
Gonzalo San Gil, PhD.

How to Update Linux Kernel for Improved System Performance - 1 views

www.makeuseof.com/...el-improved-system-performance

how to update linux kernel improved system performance beyond current distro statte

shared by Gonzalo San Gil, PhD. on 26 Jul 15 - No Cached
  • Gonzalo San Gil, PhD. on 26 Jul 15
     
    " The rate of development for the Linux kernel is unprecedented, with a new major release approximately every two to three months. Each release offers several new features and improvements that a lot of people could take advantage of to make their computing experience faster, more efficient, or better in other ways."
Gonzalo San Gil, PhD.

Video game industry grew 4 times faster than US economy in 2012, study says - CNET - 0 views

www.cnet.com/...-us-economy-in-2012-study-says

game industry grows wt happened with terrible piracy

shared by Gonzalo San Gil, PhD. on 31 Jul 15 - No Cached
  • Gonzalo San Gil, PhD. on 31 Jul 15
     
    "The games industry continues to boom while other sectors of the economy sputter, according to a new report from the Entertainment Software Association. by Nick Statt @nickstatt November 11, 2014 2:54 PM PST "
  • Gonzalo San Gil, PhD. on 31 Jul 15
     
    "The games industry continues to boom while other sectors of the economy sputter, according to a new report from the Entertainment Software Association. by Nick Statt @nickstatt November 11, 2014 2:54 PM PST "
Gary Edwards

When You're a WebKit Hammer, Everything Looks Like an Open Web Nail ... As it should! - 0 views

weblog.infoworld.com/...taking_ajax_lit.html

webkit web-applications web-design Safari Chrome Tom-yager Ajax JavaScript

shared by Gary Edwards on 12 Mar 09 - Cached
  • You’re still waiting for me to explain what I meant when I referred to JavaScript as a last resort. I hinted at it in the preceding paragraph. Not the part on JavaScript debugging, but my reference to CSS and HTML. These do a lot more than paint screens. They are a browser's client-side framework. Everything they do is handled as native code. In other words, they're fast. CSS3 and HTML5 are too inconsistently implemented (if at all) across browsers to design to unless you're specifically targeting Safari, iPhone, or other WebKit-based browsers.
    • Gary Edwards
      Gary Edwards on 12 Mar 09
       
      Tom makes the point that the use of AJAX JavaScript breaks Web interoperability. He further points out that HTML is a static layout language, where CSS is dynamic and adaptive. (Use HTML5/DOM for document structure, and CSS4 for presentation - layout, formatting and visual interface).

      It is the consistency of the WebKit document model across all WebKit browsers that makes for an interoperable Open Web future. I would not however discount the importance of Firefox and Opera embracing the WebKit document model (HTML5, CSS4, SVG/Canvas, JavaScript, DOM2). That's our guarantee that the future of the Open Web will actually be open.

      Tom goes on to suggest that instead of "AJAX", developers would be better off thinking in terms of "ACHJAX": Asynchronous CSS4 - HTML5 - JavaScript and XML ..... with the focus on getting as much done in CSS4 as possible.
  • Gary Edwards on 12 Mar 09
     
    InfoWorld's Tom Yager makes the case for the WebKit visual document model over AJAX. The problem with AJAX as he sees it is that it's JavaScript heavy. And that breaks precious Web interoperability. He makes the point that if something can be done in CSS, it should. He also argues that WebKit is the best tool because the document model is that of advanced HTML5 and CSS3.

    "... These [WebKit] browsers also share a stellar accelerated JavaScript interpreter that makes the edit/run/debug cycle go faster. They are also the only browsers that deliver on CSS4 and HTML5 standards (with some elements that are proposed to the W3C standards body). Sites that are visually rich may start sprouting "best viewed with Safari" banners until other browsers catch up. The banner would also let users know that your site is optimized for iPhone....."

    Humm. Did you catch that? CSS4!!! I guess he's referring to the WebKit penchant for putting advanced graphical transitions and animations into CSS instead of relying on a device specific or OS specific API.

    Placing the visual interface instructions in the documents presentation layer (CSS4) is a revolutionary idea. The WebKit model will go a long way towards creating a global interoperability layer that rides above lower device, OS, browser and application specifics. So yes, by all means let's go with CSS4 :)

Gary Edwards

Surfin' Safari WebKit: The SquirrelFish JavaScript VM - 0 views

webkit.org/...announcing-squirrelfish

javascript tamarin vm webkit

shared by Gary Edwards on 12 Jun 08 - Cached
  • WebKit’s core JavaScript engine just got a new interpreter, code-named SquirrelFish. SquirrelFish is fast—much faster than WebKit’s previous interpreter. Check out the numbers. On the SunSpider JavaScript benchmark, SquirrelFish is 1.6 times faster than WebKit’s previous interpreter.
  • Gary Edwards on 12 Jun 08
     
    More%20good%20stuff%20from%20WebKit!
  • Gary Edwards on 12 Jun 08
     
    SquirrelFish is a register-based, direct-threaded, high-level bytecode engine, with a sliding register window calling convention. It lazily generates bytecodes from a syntax tree, using a simple one-pass compiler with built-in copy propagation.
  • anonymous on 27 Sep 13
     
    Visit News www.killdo.de.gg. How to make the 1000 visitor from PR9 backlinks. Buy cheap service www.fiverr.com/radjaseotea/making-best-super-backlink-143445
Paul Merrell

ExposeFacts - For Whistleblowers, Journalism and Democracy - 0 views

exposefacts.org

transparency whistle-blowers resources Wikileaks Tail

shared by Paul Merrell on 06 Jun 14 - No Cached
  • Launched by the Institute for Public Accuracy in June 2014, ExposeFacts.org represents a new approach for encouraging whistleblowers to disclose information that citizens need to make truly informed decisions in a democracy. From the outset, our message is clear: “Whistleblowers Welcome at ExposeFacts.org.” ExposeFacts aims to shed light on concealed activities that are relevant to human rights, corporate malfeasance, the environment, civil liberties and war. At a time when key provisions of the First, Fourth and Fifth Amendments are under assault, we are standing up for a free press, privacy, transparency and due process as we seek to reveal official information—whether governmental or corporate—that the public has a right to know. While no software can provide an ironclad guarantee of confidentiality, ExposeFacts—assisted by the Freedom of the Press Foundation and its “SecureDrop” whistleblower submission system—is utilizing the latest technology on behalf of anonymity for anyone submitting materials via the ExposeFacts.org website. As journalists we are committed to the goal of protecting the identity of every source who wishes to remain anonymous.
  • The seasoned editorial board of ExposeFacts will be assessing all the submitted material and, when deemed appropriate, will arrange for journalistic release of information. In exercising its judgment, the editorial board is able to call on the expertise of the ExposeFacts advisory board, which includes more than 40 journalists, whistleblowers, former U.S. government officials and others with wide-ranging expertise. We are proud that Pentagon Papers whistleblower Daniel Ellsberg was the first person to become a member of the ExposeFacts advisory board. The icon below links to a SecureDrop implementation for ExposeFacts overseen by the Freedom of the Press Foundation and is only accessible using the Tor browser. As the Freedom of the Press Foundation notes, no one can guarantee 100 percent security, but this provides a “significantly more secure environment for sources to get information than exists through normal digital channels, but there are always risks.” ExposeFacts follows all guidelines as recommended by Freedom of the Press Foundation, and whistleblowers should too; the SecureDrop onion URL should only be accessed with the Tor browser — and, for added security, be running the Tails operating system. Whistleblowers should not log-in to SecureDrop from a home or office Internet connection, but rather from public wifi, preferably one you do not frequent. Whistleblowers should keep to a minimum interacting with whistleblowing-related websites unless they are using such secure software.
  • Paul Merrell on 06 Jun 14
     
    A new resource site for whistle-blowers. somewhat in the tradition of Wikileaks, but designed for encrypted communications between whistleblowers and journalists.  This one has an impressive board of advisors that includes several names I know and tend to trust, among them former whistle-blowers Daniel Ellsberg, Ray McGovern, Thomas Drake, William Binney, and Ann Wright. Leaked records can only be dropped from a web browser running the Tor anonymizer software and uses the SecureDrop system originally developed by Aaron Schwartz. They strongly recommend using the Tails secure operating system that can be installed to a thumb drive and leaves no tracks on the host machine. https://tails.boum.org/index.en.html Curious, I downloaded Tails and installed it to a virtual machine. It's a heavily customized version of Debian. It has a very nice Gnome desktop and blocks any attempt to connect to an external network by means other than installed software that demands encrypted communications. For example, web sites can only be viewed via the Tor anonymizing proxy network. It does take longer for web pages to load because they are moving over a chain of proxies, but even so it's faster than pages loaded in the dial-up modem days, even for web pages that are loaded with graphics, javascript, and other cruft. E.g., about 2 seconds for New York Times pages. All cookies are treated by default as session cookies so disappear when you close the page or the browser. I love my Linux Mint desktop, but I am thinking hard about switching that box to Tails. I've been looking for methods to send a lot more encrypted stuff down the pipe for NSA to store. Tails looks to make that not only easy, but unavoidable. From what I've gathered so far, if you want to install more software on Tails, it takes about an hour to create a customized version and then update your Tails installation from a new ISO file. Tails has a wonderful odor of having been designed for secure computing. Current
Gary Edwards

With faster Chrome browser, Google offers an Android alternative - CNET - 0 views

www.cnet.com/...-offers-an-android-alternative

web-app-framework Chrome Android

shared by Gary Edwards on 27 Jun 14 - No Cached
  • Gary Edwards on 27 Jun 14
     
    "On mobile devices, the Web hasn't lived up to its promise of a universal programming foundation. Google is trying to change that." Android hogged the spotlight at Google I/O, but performance improvements in Google's Chrome browser show that the company hasn't given up on trying to advance its other programming foundation -- the Web. The mobile version of Chrome has become much more responsive since 2013, said Paul Irish, a developer advocate on the Chrome team, speaking at the San Francisco conference. "We've improved the speed of animation by 75 percent and of scrolling 35 percent," Irish told developers Thursday. "We're committed to getting you 60 frames per second on the mobile Web." That performance is crucial for persuading people to use Web sites rather than native apps for things like posting on social networks, reading news, and playing games. It's also key to getting programmers to take the Web path when so many today focus on native apps written directly for Google's Android operating system and Apple's iOS competitor. The 60 frames-per-second rate refers to how fast the screen redraws when elements are in motion, either during games or when people are doing things like swiping among pages and dragging icons. The 60fps threshold is the minimum that game developers strive for, and to achieve it with no distracting stutters, a device must calculate how to update its entire screen every 16.7 milliseconds. Google, whose Android operating system initially lagged Apple's rival iOS significantly in this domain of responsiveness, has made great strides in improving its OS and its apps. But the mobile Web hasn't kept pace, and that means programmers have been more likely to aim for native apps rather than Web-based apps that can run on any device. ............................ Good review focused on the growing threat that native "paltform specific" apps are replacing Web apps as the developer's best choice. Florian thinks that native apps will win
Gonzalo San Gil, PhD.

Facebook's top 5 open source projects of 2015 | Opensource.com - 0 views

opensource.com/...book-open-source-projects-2015

facebook open source social networks open source social networks

shared by Gonzalo San Gil, PhD. on 28 Dec 15 - No Cached
  • Gonzalo San Gil, PhD. on 28 Dec 15
     
    "Facebook believes in the power of open source. When a community gathers to work on code, there are a host of benefits. Fresh eyes point out problems and we arrive at solutions faster. Together we tackle the challenges we're facing, innovation accelerates, and the community stretches the limitations of existing technology."
Paul Merrell

Google to block Flash on Chrome, only 10 websites exempt - CNET - 0 views

www.cnet.com/...chrome-only-10-websites-exempt

web video Flash HTML5 Google Chrome

shared by Paul Merrell on 02 Jan 17 - No Cached
  • The inexorable slide into a world without Flash continues, with Google revealing plans to phase out support for Adobe's Flash Player in its Chrome browser for all but a handful of websites. And the company expects the changes to roll out by the fourth quarter of 2016. While it says Flash might have "historically" been a good way to present rich media online, Google is now much more partial to HTML5, thanks to faster load times and lower power use. As a result, Flash will still come bundled with Chrome, but "its presence will not be advertised by default." Where the Flash Player is the only option for viewing content on a site, users will need to actively switch it on for individual sites. Enterprise Chrome users will also have the option of switching Flash off altogether. Google will maintain support in the short-term for the top 10 domains using the player, including YouTube, Facebook, Yahoo, Twitch and Amazon. But this "whitelist" is set to be periodically reviewed, with sites removed if they no longer warrant an exception, and the exemption list will expire after a year. A spokesperson for Adobe said it was working with Google in its goal of "an industry-wide transition to Open Web standards," including the adoption of HTML5. "At the same time, given that Flash continues to be used in areas such as education, web gaming and premium video, the responsible thing for Adobe to do is to continue to support Flash with updates and fixes, as we help the industry transition," Adobe said in an emailed statement. "Looking ahead, we encourage content creators to build with new web standards."
Paul Merrell

Gmail blows up e-mail marketing by caching all images on Google servers | Ars Technica - 1 views

arstechnica.com/...g-all-images-on-google-servers

Google Gmail images antitrust

shared by Paul Merrell on 16 Dec 13 - No Cached
  • Ever wonder why most e-mail clients hide images by default? The reason for the "display images" button is because images in an e-mail must be loaded from a third-party server. For promotional e-mails and spam, usually this server is operated by the entity that sent the e-mail. So when you load these images, you aren't just receiving an image—you're also sending a ton of data about yourself to the e-mail marketer. Loading images from these promotional e-mails reveals a lot about you. Marketers get a rough idea of your location via your IP address. They can see the HTTP referrer, meaning the URL of the page that requested the image. With the referral data, marketers can see not only what client you are using (desktop app, Web, mobile, etc.) but also what folder you were viewing the e-mail in. For instance, if you had a Gmail folder named "Ars Technica" and loaded e-mail images, the referral URL would be "https://mail.google.com/mail/u/0/#label/Ars+Technica"—the folder is right there in the URL. The same goes for the inbox, spam, and any other location. It's even possible to uniquely identify each e-mail, so marketers can tell which e-mail address requested the images—they know that you've read the e-mail. And if it was spam, this will often earn you more spam since the spammers can tell you've read their last e-mail.
  • But Google has just announced a move that will shut most of these tactics down: it will cache all images for Gmail users. Embedded images will now be saved by Google, and the e-mail content will be modified to display those images from Google's cache, instead of from a third-party server. E-mail marketers will no longer be able to get any information from images—they will see a single request from Google, which will then be used to send the image out to all Gmail users. Unless you click on a link, marketers will have no idea the e-mail has been seen. While this means improved privacy from e-mail marketers, Google will now be digging deeper than ever into your e-mails and literally modifying the contents. If you were worried about e-mail scanning, this may take things a step further. However, if you don't like the idea of cached images, you can turn it off in the settings. This move will allow Google to automatically display images, killing the "display all images" button in Gmail. Google servers should also be faster than the usual third-party image host. Hosting all images sent to all Gmail users sounds like a huge bandwidth and storage undertaking, but if anyone can do it, it's Google. The new image handling will rollout to desktop users today, and it should hit mobile apps sometime in early 2014. There's also a bonus side effect for Google: e-mail marketing is advertising. Google exists because of advertising dollars, but they don't do e-mail marketing. They've just made a competitive form of advertising much less appealing and informative to advertisers. No doubt Google hopes this move pushes marketers to spend less on e-mail and more on Adsense.
  • Paul Merrell on 16 Dec 13
     
    There's an antitrust angle to this; it could be viewed by a court as anti-competitive. But given the prevailing winds on digital privacy, my guess would be that Google would slide by.
Paul Merrell

F.C.C. Backs Opening Net Rules for Debate - NYTimes.com - 0 views

www.nytimes.com/...oad-map-to-net-neutrality.html

FCC rules net-neutrality

shared by Paul Merrell on 16 May 14 - No Cached
  • On Thursday, the Federal Communications Commission voted 3-2 to open for public debate new rules meant to guarantee an open Internet. Before the plan becomes final, though, the chairman of the commission, Tom Wheeler, will need to convince his colleagues and an array of powerful lobbying groups that the plan follows the principle of net neutrality, the idea that all content running through the Internet’s pipes is treated equally.While the rules are meant to prevent Internet providers from knowingly slowing data, they would allow content providers to pay for a guaranteed fast lane of service. Some opponents of the plan, those considered net neutrality purists, argue that allowing some content to be sent along a fast lane would essentially discriminate against other content.
  • “We are dedicated to protecting and preserving an open Internet,” Mr. Wheeler said immediately before the commission vote. “What we’re dealing with today is a proposal, not a final rule. We are asking for specific comment on different approaches to accomplish the same goal, an open Internet.”
  • Mr. Wheeler argued on Thursday that the proposal did not allow a fast lane. But the proposed rules do not address the connection between an Internet service provider, which sells a connection to consumers, and the operators of backbone transport networks that connect various parts of the Internet’s central plumbing.That essentially means that as long as an Internet service provider like Comcast or Verizon does not slow the service that a consumer buys, the provider can give faster service to a company that pays to get its content to consumers unimpeded
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  • The plan will be open for comment for four months, beginning immediately.
  • The public will have until July 15 to submit initial comments on the proposal to the commission, and until Sept. 10 to file comments replying to the initial discussions.
  • Paul Merrell on 16 May 14
     
    I'll need to read the proposed rule, but this doesn't sound good. the FCC majority tries to spin this as options still being open, but I don't recall ever seeing formal regulations changed substantially from their proposed form. If their were to be substantial change, another proposal and comment period would be likely. The public cannot comment on what has not been proposed, so substantial departure from the proposal, absent a new proposal and comment period, would offend basic principles of public notice and comment rulemaking under the Administrative Procedures Act. The proverbial elephant in the room that the press hasn't picked up on yet is the fight that is going on behind the scenes in the Dept. of Justice. If the Anti-trust Division gets its way, DoJ's public comments on the proposed rule could blow this show out of the water. The ISPs are regulated utility monopolies in vast areas of the U.S. with market consolidation at or near the limits of what the anti-trust folk will tolerate. And leveraging one monopoly (service to subscribers) to impose another (fees for internet-based businesses to gain high speed access) is directly counter to the Sherman Act's section 2.   http://www.law.cornell.edu/uscode/text/15/2
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.
Paul Merrell

Activists send the Senate 6 million faxes to oppose cyber bill - CBS News - 0 views

www.cbsnews.com/...ion-faxes-to-oppose-cyber-bill

surveillance state CISA legislation faxes Obama

shared by Paul Merrell on 06 Aug 15 - No Cached
  • Activists worried about online privacy are sending Congress a message with some old-school technology: They're sending faxes -- more than 6.2 million, they claim -- to express opposition to the Cybersecurity Information Sharing Act (CISA).Why faxes? "Congress is stuck in 1984 and doesn't understand modern technology," according to the campaign Fax Big Brother. The week-long campaign was organized by the nonpartisan Electronic Frontier Foundation, the group Access and Fight for the Future, the activist group behind the major Internet protests that helped derail a pair of anti-piracy bills in 2012. It also has the backing of a dozen groups like the ACLU, the American Library Association, National Association of Criminal Defense Lawyers and others.
  • CISA aims to facilitate information sharing regarding cyberthreats between the government and the private sector. The bill gained more attention following the massive hack in which the records of nearly 22 million people were stolen from government computers."The ability to easily and quickly share cyber attack information, along with ways to counter attacks, is a key method to stop them from happening in the first place," Sen. Dianne Feinstein, D-California, who helped introduce CISA, said in a statement after the hack. Senate leadership had planned to vote on CISA this week before leaving for its August recess. However, the bill may be sidelined for the time being as the Republican-led Senate puts precedent on a legislative effort to defund Planned Parenthood.Even as the bill was put on the backburner, the grassroots campaign to stop it gained steam. Fight for the Future started sending faxes to all 100 Senate offices on Monday, but the campaign really took off after it garnered attention on the website Reddit and on social media. The faxed messages are generated by Internet users who visit faxbigbrother.com or stopcyberspying.com -- or who simply send a message via Twitter with the hashtag #faxbigbrother. To send all those faxes, Fight for the Future set up a dedicated server and a dozen phone lines and modems they say are capable of sending tens of thousands of faxes a day.
  • Fight for the Future told CBS News that it has so many faxes queued up at this point, that it may take months for Senate offices to receive them all, though the group is working on scaling up its capability to send them faster. They're also limited by the speed at which Senate offices can receive them.
  • Paul Merrell on 06 Aug 15
     
    From an Fight For the Future mailing: "Here's the deal: yesterday the Senate delayed its expected vote on CISA, the Cybersecurity Information Sharing Act that would let companies share your private information--like emails and medical records--with the government. "The delay is good news; but it's a delay, not a victory. "We just bought some precious extra time to fight CISA, but we need to use it to go big like we did with SOPA or this bill will still pass. Even if we stop it in September, they'll try again after that. "The truth is that right now, things are looking pretty grim. Democrats and Republicans have been holding closed-door meetings to work out a deal to pass CISA quickly when they return from recess. "Right before the expected Senate vote on CISA, the Obama Administration endorsed the bill, which means if Congress passes it, the White House will definitely sign it.  "We've stalled and delayed CISA and bills like it nearly half a dozen times, but this month could be our last chance to stop it for good." See also http://tumblr.fightforthefuture.org/post/125953876003/senate-fails-to-advance-cisa-before-recess-amid (;) http://www.cbsnews.com/news/activists-send-the-senate-6-million-faxes-to-oppose-cyber-bill/ (;) http://www.npr.org/2015/08/04/429386027/privacy-advocates-to-senate-cyber-security-bill (.)
Gary Edwards

The new UI wars: Why there's no Flash on iPhone 2.0 « counternotions - 0 views

counternotions.com/...flash-iphone

adobe apple flash iphone ria webkit

shared by Gary Edwards on 20 Jun 08 - Cached
  • - publishers of Flash apps have to port their apps to native Web apps if they want to run inside a Web browser going forward because the Web has moved off the PC, you can’t accessorize it with PC software anymore, WebKit is so small and light and cross-platform that it is the plug-in now, inside iPhone, iPod, Nokia, Android, iTunes and other Mac and Windows apps - publishers of Flash video have to deploy MPEG-4 H.264/AAC if they want to run inside an audio-video player (on any device) going forward, the decoder chips for this are already in EVERYTHING, from iPod to Blu-Ray to NVIDIA GPU’s Most of the world has already done both of the above, including Google and Apple. This is not the beginning of the end for Flash, it is the end of the end.
  • Notice he doesn’t say at all that Flash is running natively on the ARM CPU inside the iPhone. And once again, as I point out in the article above, technical problems may be solved by Adobe, but cross-platform runtime compatibility and multi-touch UI frameworks remain as serious impediments.
  • the direction Apple is taking in WebKit with canvas, downloadable fonts, SVG, CSS animation, CSS transformations, faster JavaScript, HTML5 audio/video embedding, exposure of multi-touch to JS and so on is precisely to create an open source alternative to the Flash runtime engine, without having to download a proprietary plugin:
  • Gary Edwards on 20 Jun 08
     
    this article takes the RiA discussion to an entirely new level - the battle between Apple, Adobe and Microsoft to control the future user interface (UI). Adobe Flash extends the aging WiMP model, trying to create a "UI Convergence" across many platforms through the Flash RiA. With iPhone, Apple introduces the patented "gestures UI", running off the WebKit RiA. Microsoft presumably is copying the Flash RiA with the XAML rich WPF Silverlight RiA. Unfortunately, counternotions doe snot cover Silverlight. This incredible discussion is limited to Adobe and Apple.
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Gary Edwards

A Cloudy Forecast for the Enterprise - Here comes Google | InternetNews Realtime IT News - - 0 views

www.internetnews.com/...3752411

cloud-computing enterprise20 google

shared by Gary Edwards on 12 Jun 08 - Cached
  • Cloud computing will give rise to the 'power collaborator', who will "connect with people and find dispersed information across an organization and make it relevant," said speaking in Boston at the Enterprise 2.0 conference continuing through Thursday. The concept of cloud computing and Enterprise 2.0 Web-based applications and interactivity has apparently struck a positive chord with a fair number of businesses. Up to 69% cite collaboration as a key reason for the appeal of such environments, according to a survey released this week by AIIM, a non-profit group that tackles issues involving document management, content, records, and business processes. Other factors include: Improved agility and responsiveness (56%), faster communications (55%); increased innovation (39%); and a reduction in IT costs (36%).
  • Gary Edwards on 12 Jun 08
     
    Google moves into the Enterprise Cloud arena, and has some interesting things to say: Cloud computing will give rise to the 'power collaborator', who will "connect with people and find dispersed information across an organization and make it relevant," said speaking in Boston at the Enterprise 2.0 conference continuing through Thursday.
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Gary Edwards

Convergence of Web, Mobile and Desktop Apps is the Next Phase: AJAX World RIA with Jere... - 0 views

ajax.sys-con.com/576815

Jeremy-Chone ria webkit nexaweb

shared by Gary Edwards on 06 Nov 08 - Cached
  • For SOA applications, the best way to modernize is to componentize and extend the user experience aspect of the application that will in turn enable the applications composition and mashup.
  • While there are many ways that companies measure productivity, Nexaweb has found that the three key criteria for enabling the productivity driven enterprise are based on 1) cost savings resulting from reduced development time and application maintainability; 2) extending the value of existing applications with a future-proof architecture (adding RIA without breaking existing enterprise architecture); and 3) faster time to market by providing a consistent user experience across the various interfaces available throughout the organization.
  • Gary Edwards on 06 Nov 08
     
    While the last decade was focused on the Web, the next phase in the evolution of our industry will be on the convergence of Web, mobile and desktop applications and the ability to extend existing applications with these new technologies for a consistent user experience regardless of how and where the information is viewed,' says Nexaweb CTO Jeremy Chone
Paul Merrell

Cover Pages: Open Web Foundation Formed to Support Community Specification Development. - 0 views

xml.coverpages.org/ni2008-09-22-a.html

community-driven standards open web foundation

shared by Paul Merrell on 23 Sep 08 - Cached
  • The formation of the Open Web Foundation (OWF) was announced on July 24, 2008 at the OSCON 2008 Conference. OWF is "applying the open source model of seeing a common pain point and trying to patch the system by creating an 'organizational library' that makes it easier to go through a collaborative specification process and come out of it with clean IPR, leading to faster implementation and adoption.
  • According to the OWF web site: "The Open Web Foundation is an independent non-profit dedicated to the development and protection of open, non-proprietary specifications for web technologies. It is an attempt to create a home for community-driven specifications. Following the open source model similar to the Apache Software Foundation, the foundation is aimed at building a lightweight framework to help communities deal with the legal requirements necessary to create successful and widely adopted specification. The foundation is trying to break the trend of creating separate foundations for each specification, coming out of the realization that we could come together and generalize our efforts... The Open Web Foundation is made up of individuals who believe that the open web is built on technologies that are created in the open by a diversity of contributors, and which free to be used and improved upon without restriction."
Paul Merrell

Sun on open source: What doesn't kill you... | The Open Road - CNET News - 0 views

news.cnet.com/8301-13505_3-10111061-16.html

Sun cloud computing business strategies open source

shared by Paul Merrell on 04 Dec 08 - Cached
  • Open source is the very thing that has crippled Sun, yet Sun is looking to open source, to hobble its competitors and revive its future. We often talk in the technology industry about the need to cannibalize your own business before someone else does it to you. Sun may be a little late off the starting blocks, but it's fascinating to watch its race against time.
  • Having open-sourced its own Solaris operating system, Sun has now tried to corner the market in open source databases with its $1bn purchase of MySQL, the database management system. It now also has its eyes set on the storage market, with a plan to inflict the same pain on incumbents there that it has itself felt from the rise of Linux. It's a hugely gutsy move. It remains to be seen whether it will work, but with Sun's OpenStorage business growing dramatically faster than the rest of the storage industry, it just might work.
Paul Merrell

The Associated Press: 4G wireless: It's fast, but outstripped by hype - 2 views

www.google.com/...QON7EkHyfAv96mxHNuPAgD9G19JI00

mobile devices 3G 4G comparisons

shared by Paul Merrell on 31 May 10 - Cached
  • Cell phone companies are about to barrage consumers with advertising for the next advance in wireless network technology: "4G" access. The companies are promising faster speeds and the thrill of being the first on the block to use a new acronym.But there's less to 4G than meets the eye, and there's little reason for people to scramble for it, at least for the next few years.
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