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Gonzalo San Gil, PhD.

MPAA: Consumer Right to Resell Online Videos Would Kill Innovation | TorrentFreak - 0 views

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    " By Ernesto on June 8, 2014 C: 99 News The MPAA is concerned that innovation in the film industry will be ruined if consumers get the right to resell movies and other media purchased online. Responding to discussions in a congressional hearing this week, the MPAA warns that this move would limit consumer choices and kill innovation." # ! The Hollywood wasted Motto
Gonzalo San Gil, PhD.

Who owns your data? | ITworld - 0 views

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    "By Adam Ruttenberg, CIO | Big Data Add a comment May 30, 2014, 10:10 AM - People may disagree about the meaning of the term "big data," but they agree that businesses can gain advantages by analyzing large data sets in the cloud. The trick is getting the right data."
Gary Edwards

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

  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
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  • 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.
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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.
Gonzalo San Gil, PhD.

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

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    " 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…?]
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    " 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

FCC 'very much' eyeing Web rules shakeup | TheHill - 0 views

  • The head of the Federal Communications Commission was quick to reassure lawmakers on Wednesday that his agency is seriously considering using the authority it has to regulate phone lines on Internet service providers.“Title II is very much on the table,” Chairman Tom Wheeler said during a House Small Business Committee hearing on Wednesday, referring to the section of the Communications Act that some have urged the agency to turn to for stronger rules.“I will assure you that Title II is very much a topic of conversation and on the table and something that’s we’ve specially asked for comment on,” he added.In its controversial proposal on net neutrality — the notion that Internet service companies like Comcast or Cox should be banned from slowing or block access to some websites — the agency specifically asked whether it should reclassify broadband Internet as a “telecommunications service” and open them up to Title II rules, instead of an “information service.”
  • The plan Wheeler proposed earlier this year would not rely on that authority, but would instead allow for companies to make “commercially reasonable” deals to speed up users’ service on a particular website. Critics have said that would lead to “fast lanes” on the Internet, with quicker speeds for wealthy companies and slower service everywhere else.Supporters of strong rules have told the FCC that the stronger legal backing is the best way to prevent companies from slowing users’ service or blocking their access to particular websites.Critics, however, have said that the rules were designed for telephone monopolies and would lead to utility-style regulation on the Internet. In their comments to the FCC, cable companies have said that reclassifying broadband service to use the tough rules would likely be a violation of the law, which could tie the new rules up in court for years to come.
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    Of course Comcast, et ilk don't want Title II regulation. "Hey, just because we've divvied up the turf so that we've got geographical monopolies doesn't mean we shouldn't be able to leverage our monopolies into new monopolies." But the big cable companies got where they are by buying up community-granted and regulated monopoly utility companies. As part of consolidating those markets, the soon-to-be-gnormous cable companies, lobbied to get community regulation weakened and here we are with the FCC, with the cable companies now acting as ISPs too, which is straightforward telecommunications provider service, and these guys want to be able to charge a premium to the big internet content companies for fast-service after their ISP customers have already paid for fast service? So they can slow down the competition for their own content services.  Heck, yes, FCC. No one forced Comcast and crew to become telecommunications providers. Make 'em live with telecommunications regulation like all the other telcos. They are government-created monopolies and they should be regulated as such.   
Gonzalo San Gil, PhD.

Guest Post: Five Reasons Why The Major Labels Didn't Blow It With Napster by @thetrickn... - 1 views

    • Gonzalo San Gil, PhD.
       
      # ! #Industry (#Politics) just don't want to share their business (of culture/thinking/VALUES Manipulation) with third partires...
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    [ay 30, 2015 Editor Charlie Leave a comment Go to comments [Editor Charlie sez: We're pleased to get a chance to repost this must read piece by industry veteran Jim McDermott who brings great insights into the Napster history and the flaws in the narrative that the tech press has so eagerly promoted. You can also read Chris's 2008 interview about Napster with Andrew Orlowski in The Register, The Music Wars from 30,000 Feet.] ...]
Paul Merrell

The Democratization of Cyberattack - Schneier on Security - 0 views

  • We can't choose a world where the US gets to spy but China doesn't, or even a world where governments get to spy and criminals don't. We need to choose, as a matter of policy, communications systems that are secure for all users, or ones that are vulnerable to all attackers. It's security or surveillance.
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    Pithy quote from Bruce Schneier.
Gonzalo San Gil, PhD.

Get into Docker - A Guide for Total Newbies | Voxxed - 1 views

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    "Have you heard about Docker? Most likely. If not, don't worry, I'll try to summarise it for you. Docker is probably one of the hottest technologies at the moment. It has the potential to revolutionise the way we build, deploy and distribute applications. At the same time, it's already having a huge impact in the development process. "
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    "Have you heard about Docker? Most likely. If not, don't worry, I'll try to summarise it for you. Docker is probably one of the hottest technologies at the moment. It has the potential to revolutionise the way we build, deploy and distribute applications. At the same time, it's already having a huge impact in the development process. "
simplykreative

Getting to know web designing - Technically - 1 views

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    Content is the body of information that is available to visitors on a website. It is the subject and substance of the text and graphics. Content can include general information, data, news, stories, poetry, and entertainment, as well as music, photos, and videos; information that enhances knowledge and interest in the brand, institution, or social cause; downloadable or printable material; and interactive "goodies" such as contests, giveaway items, screen savers, and games.
Gonzalo San Gil, PhD.

Containers everywhere! Getting started with Docker * The Register - 0 views

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    [How to Docker is the name on the tip of many tongues at the moment. It is a containerisation engine which allows you to package up an application along with all the settings and software required to run it and deploy it to a server with a minimum of fuss. ...]
Gary Edwards

WordPress › GroupDocs Word,Excel,Powerpoint,PDF Viewer « WordPress Plugins - 0 views

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    "GroupDocs Viewer is an online document viewer that lets you read documents in your browser, regardless of whether you have the software that they were created in. You can view many types to word processing documents (DOC, DOCX, TXT, RTF, ODT), presentations (PPT, PPTX), spreadsheets (XLS, XLSX), portable files (PDF), and image files (JPG, BMP, GIF, TIFF). For each file, you get a high-fidelity rendering, showing the document just as it would if you opened it in the software it was created in. Layout and formatting is retained and you see an exact copy of the original. GroupDocs Viewer lets you really read the document. You can search text documents, copy text and even embed the document - GroupDocs Viewer and all - in a web page. You can print or download the file from GroupDocs Viewer if you need to work with it offline."
Gonzalo San Gil, PhD.

How to Run Kali Linux 2.0 In Docker Container | LinuxPitstop - 0 views

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    ["August 24, 2015 by Aun Introduction Kali Linux is a well known operating system for security testers and ethical hackers. It comes bundled with a large list of security related applications and make it easy to perform penetration testing. Recently, Kali Linux 2.0 is out and it is being considered as one of the most important release for this operating system. On the other hand, Docker technology is getting massive popularity due to its scalability and ease of use. Dockers make it super easy to ship your software applications to your users. Breaking news is that you can now run Kali Linux via Dockers; let's see how :) ]"
Gonzalo San Gil, PhD.

Translating good documentation beats starting over from scratch | Opensource.com - 0 views

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    "Writing documentation can have a way of getting into your blood, so that you think about it quite a bit, play with some ideas, start various new ideas that may not come to much, and it seems that what you're looking for as much as anything is a task that takes hold of you and develops its own energy to keep you going until you finish."
Paul Merrell

Sloppy Cyber Threat Sharing Is Surveillance by Another Name | Just Security - 0 views

  • Imagine you are the target of a phishing attack: Someone sends you an email attachment containing malware. Your email service provider shares the attachment with the government, so that others can configure their computer systems to spot similar attacks. The next day, your provider gets a call. It’s the Department of Homeland Security (DHS), and they’re curious. The malware appears to be from Turkey. Why, DHS wants to know, might someone in Turkey be interested in attacking you? So, would your email company please share all your emails with the government? Knowing more about you, investigators might better understand the attack. Normally, your email provider wouldn’t be allowed to give this information over without your consent or a search warrant. But that could soon change. The Senate may soon make another attempt at passing the Cybersecurity Information Sharing Act, a bill that would waive privacy laws in the name of cybersecurity. In April, the US House of Representatives passed by strong majorities two similar “cyber threat” information sharing bills. These bills grant companies immunity for giving DHS information about network attacks, attackers, and online crimes.
  • Sharing information about security vulnerabilities is a good idea. Shared vulnerability data empowers other system operators to check and see if they, too, have been attacked, and also to guard against being similarly attacked in the future. I’ve spent most of my career fighting for researchers’ rights to share this kind of information against threats from companies that didn’t want their customers to know their products were flawed. But, these bills gut legal protections against government fishing expeditions exactly at a time when individuals and Internet companies need privacy laws to get stronger, not weaker. 
  • Worse, the bills aren’t needed. Private companies share threat data with each other, and even with the government, all the time. The threat data that security professionals use to protect networks from future attacks is a far more narrow category of information than those included in the bills being considered by Congress, and will only rarely contain private information. And none of the recent cyberattacks — not Sony, not Target, and not the devastating grab of sensitive background check interviews on government employees at the Office of Personnel Management — would have been mitigated by these bills.
Gonzalo San Gil, PhD.

The X First Aid Kit For Linux | Freedom Penguin - 1 views

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    "September 10, 2015 Rob Boudreau 0 Comment How To If you spend some time on Linux-based social media sites or forums, you inevitably see posts where a user is having trouble logging into their desktop. Either the boot finishes and they're left looking at a black screen, or they can't seem to get past the display manager login."
Gonzalo San Gil, PhD.

Once More: The TPP Agreement Is Not A Free Trade Agreement, It's A Protectionist Anti-F... - 0 views

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    "from the get-your-story-straight dept We've pointed out a few times in the past that while everyone refers to the Trans Pacific Partnership (TPP) agreement as a "free trade" agreement, the reality is that there's very little in there that's actually about free trade."
Gonzalo San Gil, PhD.

Saying You Can't Compete With Free Is Saying You Can't Compete Period | Techdirt [# ! N... - 0 views

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    "Getting back to my series of posts on understanding economics when scarcity is removed from some goods, I wanted to address the ridiculousness of the "can't compete with free" statements that people love to throw out. If we break down the statement carefully, anyone who says that is really saying that they can't compete at all. The free part is actually meaningless -- but the zero is blinding everyone. "
Paul Merrell

New Leak Of Final TPP Text Confirms Attack On Freedom Of Expression, Public Health - 0 views

  • Offering a first glimpse of the secret 12-nation “trade” deal in its final form—and fodder for its growing ranks of opponents—WikiLeaks on Friday published the final negotiated text for the Trans-Pacific Partnership (TPP)’s Intellectual Property Rights chapter, confirming that the pro-corporate pact would harm freedom of expression by bolstering monopolies while and injure public health by blocking patient access to lifesaving medicines. The document is dated October 5, the same day it was announced in Atlanta, Georgia that the member states to the treaty had reached an accord after more than five years of negotiations. Aside from the WikiLeaks publication, the vast majority of the mammoth deal’s contents are still being withheld from the public—which a WikiLeaks press statement suggests is a strategic move by world leaders to forestall public criticism until after the Canadian election on October 19. Initial analyses suggest that many of the chapter’s more troubling provisions, such as broader patent and data protections that pharmaceutical companies use to delay generic competition, have stayed in place since draft versions were leaked in 2014 and 2015. Moreover, it codifies a crackdown on freedom of speech with rules allowing widespread internet censorship.
Gonzalo San Gil, PhD.

Intellectual Property? Why Words Matter In The Copyright Debate - TorrentFreak - 0 views

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    " Rick Falkvinge on September 13, 2015 C: 53 Opinion Language matters. Whether we get to keep our liberties or not depends on whether those liberties are generally named in positive words. The same thing goes for the privileges of corporations."
Gonzalo San Gil, PhD.

Firefox Is Much Better than Any Other Browser and Here's Why - Softpedia - 1 views

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    "I put together a list of features that are missing from other browsers that really make Firefox better We often read about comparative tests between browsers and we see that Google Chrome or Opera are extremely fast, or that some other browser gets really good scores in rendering, and so on."
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