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7 Misconceptions about Copyright and Infringement…and What You Can Do About It - 0 views

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    [Khumo-love (@Khumolove)] "The topic of copyright and infringement is an important one, especially if you own and operate a website or blog where you use images that are not your own. "
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    [Khumo-love (@Khumolove)] "The topic of copyright and infringement is an important one, especially if you own and operate a website or blog where you use images that are not your own. "
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This Kid Made an App That Exposes Sellout Politicians | VICE United States - 0 views

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    "With US politics swimming in so much corporate money that it's pretty much an oligarchy, it can be hard to keep track of which particular set of lobbyists is trying to milk more cash out of health care, fossil fuels, and other very important issues from one week to the next." [https://addons.mozilla.org/en-US/firefox/addon/greenhouse/]
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    "With US politics swimming in so much corporate money that it's pretty much an oligarchy, it can be hard to keep track of which particular set of lobbyists is trying to milk more cash out of health care, fossil fuels, and other very important issues from one week to the next." [https://addons.mozilla.org/en-US/firefox/addon/greenhouse/]
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    Also available for Chrome. https://chrome.google.com/webstore/detail/greenhouse/ifomhmgandipmpnelclcmbefppopfklc I've been using it for several weeks. Works great.
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Open source needs to be more than just Linux | Opensource.com - 0 views

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    "Linux took a principle and filled in an important technology gap that inspired the filling of a thousand other gaps too. This led to the rise of the venerable Linux distribution, as myriad as consumer-grade platforms such as Ubuntu and Fedora, to server-grade such as CentOS and Debian, and down to the downright weird such as RebeccaBlackOS. "
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    "Linux took a principle and filled in an important technology gap that inspired the filling of a thousand other gaps too. This led to the rise of the venerable Linux distribution, as myriad as consumer-grade platforms such as Ubuntu and Fedora, to server-grade such as CentOS and Debian, and down to the downright weird such as RebeccaBlackOS. "
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11 Tactics Used By The Mainstream Media To Manufacture Consent For The Oligarchy | Worl... - 1 views

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    "The mainstream media is aging and collapsing under the weight of its own hubris and arrogance. Now entirely formulaic in presentation and predictable in substance, the 'major' outlets of news, which are monopolized under only a small handful of corporations, serve the purpose of misleading the public on important issues and manufacturing consent for government and the oligarchs"
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    "The mainstream media is aging and collapsing under the weight of its own hubris and arrogance. Now entirely formulaic in presentation and predictable in substance, the 'major' outlets of news, which are monopolized under only a small handful of corporations, serve the purpose of misleading the public on important issues and manufacturing consent for government and the oligarchs"
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10 Questions to Ask When Selecting a Digital Music Distributor - 0 views

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    "July 24, 2013 Jacqueline Rosokoff 7 Comments When it comes to choosing a digital music distributor to get your music on sites like iTunes, Amazon MP3 and Spotify, you want to feel confident in your choice. If music is important to you, you want to know who's handling your music assets, the quality of the service and the value you're getting for the distribution fees you're paying."
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    "July 24, 2013 Jacqueline Rosokoff 7 Comments When it comes to choosing a digital music distributor to get your music on sites like iTunes, Amazon MP3 and Spotify, you want to feel confident in your choice. If music is important to you, you want to know who's handling your music assets, the quality of the service and the value you're getting for the distribution fees you're paying."
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The Next Battle for the Desktop : Portable RiA Runtime Engines - 0 views

shared by Gary Edwards on 06 Nov 08 - Cached
  • The choices for desktop runtimes will be more flexible and will largely be driven by the type of applications rather than the type of platform. It’s likely that desktop computers will eventually ship with two or three different runtimes and that consumers will be more or less ignorant of which one they are using. What will determine the success of one desktop runtime over others will be the execution and development environment. Desktop runtimes that provide the most processing power, speed of execution, and security will dominate. In this scenario the end-user is no longer the customer, it's independent software developers and Integrated Software Vendors that are of primary importance. It’s the developers who will choose the platform on which they create cross-platform applications – the consumer will be largely ignorant of the choices made.  With the exception of download and install differences, the applications will look the same to end-users.
    • Gary Edwards
       
      "It's independent application developers and integrated software vendors that determine which RiA platforms will prevail. Will this group value "cross-platform" RiA? Or will they go for integrated cloud services designed to drive down the cost of development and implementation? Integration into existing business systems i think will trump cross-platform concerns. For sure Microsoft is betting the farm on this.
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    The computer desktop - as was the case with newspapers before there was radio and radio before there was television - has become the high ground from which empires are built. While dominance of the desktop has been maintained for the last decade or more by Microsoft, which at one point represented 95% of the desktops used by all consumers, the future is less certain.it will not be a single operating system that prevails. In the end it will be desktop runtimes that become the most important platforms A desktop runtime is a platform that provides a consistent runtime environment regardless of the underlying operating system. Desktop runtimes are already extending beyond their primary target platform, the desktop, to the Fourth Screen - smart phones.
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Fight over 'forms' clouds future of Net applications | Pagalz.com - Blog - 0 views

  • As Net heavyweights vie to define the next generation of Web applications, the Web’s main standards body is facing a revolt within its own ranks over electronic forms, a cornerstone of interactive documents.
  • “The W3C is saying the answer is XForms. Microsoft is saying it’s XAML. Macromedia is saying its Flash MX. And Mozilla is saying it’s XUL.
  • Though the success of one method or another might not seem to make much difference to the person filling out an order form, the fate of open standards in the process could determine whether that form can relay the data it collects to any standards-compliant database or banking system, or whether it can only operate within certain proprietary systems. The fate of a standard could also determine whether the order form could be accessed in any standards-compliant Web browser, or if it would be available only to users of a particular operating system–an outcome that has browser makers and others worried about the role of Microsoft.
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  • browser makers still want a standards-based forms technology to help the Web steer clear of proprietary application platforms. They’re particularly concerned about Microsoft’s sprawling vision for Windows “Longhorn” applications built in the XML-based XAML markup language using Longhorn’s Avalon graphics system. Browsers like Mozilla Firefox, Opera and Apple’s Safari will be useless to access these Internet-based Windows applications.
  • The evolution versus revolution debate over forms centers on the use of scripting–specifically JavaScript–to perform important tasks in forms-based applications.
  • HAT approach works OK for small examples,” Pemberton said. “But actors like the Department of Defense say ‘no scripting.’”
  • “The WHAT approach works OK for small examples,” Pemberton said. “But actors like the Department of Defense say ‘no scripting.’”
  • “I understand where WHAT is coming from, but they are browser makers, not forms experts,” Pemberton said. “It is important to build something that is future-proof and not a Band-Aid solution. Forms (technology) is the basis of the e-commerce revolution and so it is important to do it right.”
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RiA, Chrome and the Importance of WebKit - Google Docs - 0 views

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    Response to two ZDNet articles about Google Chrome. The first article, "Who Wins with Google Chrome" is very positive, but for mostly all the wrong reasons. The second article, "Five reasons why Chrome will crash and burn" is very critical; again for all the wrong reasons. Clearly much of the world doesn't get RiA. Not do they have a clue as to why it's so important to the future of the Open Web.
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Reset The Net - Privacy Pack - 1 views

  • This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same.
  • Fight for the Future and Center for Rights will contact you about future campaigns. Privacy Policy
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    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Compare tha
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    "This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same."
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    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Com
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Big Data is Big Business for Commerce | Economics and Statistics Administration - 0 views

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    "That hundreds of American companies are using Commerce data every day to innovate and deliver important goods and services to their customers."
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    "That hundreds of American companies are using Commerce data every day to innovate and deliver important goods and services to their customers." # ! ... or else...
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Piracy and Movie Revenues: Evidence from Megaupload: A Tale of the Long Tail?... - 0 views

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    " Christian Peukert University of Zurich - Department of Business Administration Jörg Claussen Copenhagen Business School - Department of Innovation and Organizational Economics Tobias Kretschmer Ludwig-Maximilians-Universität München - Faculty of Business Administration (Munich School of Management); London School of Economics & Political Science (LSE) - Centre for Economic Performance (CEP) August 20, 2013 Abstract: In this paper we make use of a quasi-experiment in the market for illegal downloading to study movie box office revenues. Exogenous variation comes from the unexpected shutdown of the popular file hosting platform Megaupload.com on January 19, 2012. The estimation strategy is to compare box office revenues before and after the shutdown, controlling for various factors that potentially explain intertemporal differences. We find that box office revenues of a majority of movies did not increase. While for a mid-range of movies the effect of the shutdown is even negative, only large blockbusters could benefit from the absence of Megaupload. We argue that this is due to social network effects, where online piracy acts as a mechanism to spread information about a good from consumers with low willingness to pay to consumers with high willingness to pay. This information-spreading effect of illegal downloads seems to be especially important for movies with smaller audiences."
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    " Christian Peukert University of Zurich - Department of Business Administration Jörg Claussen Copenhagen Business School - Department of Innovation and Organizational Economics Tobias Kretschmer Ludwig-Maximilians-Universität München - Faculty of Business Administration (Munich School of Management); London School of Economics & Political Science (LSE) - Centre for Economic Performance (CEP) August 20, 2013 Abstract: In this paper we make use of a quasi-experiment in the market for illegal downloading to study movie box office revenues. Exogenous variation comes from the unexpected shutdown of the popular file hosting platform Megaupload.com on January 19, 2012. The estimation strategy is to compare box office revenues before and after the shutdown, controlling for various factors that potentially explain intertemporal differences. We find that box office revenues of a majority of movies did not increase. While for a mid-range of movies the effect of the shutdown is even negative, only large blockbusters could benefit from the absence of Megaupload. We argue that this is due to social network effects, where online piracy acts as a mechanism to spread information about a good from consumers with low willingness to pay to consumers with high willingness to pay. This information-spreading effect of illegal downloads seems to be especially important for movies with smaller audiences."
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The Latest Rules on How Long NSA Can Keep Americans' Encrypted Data Look Too Familiar |... - 0 views

  • Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question first raised in June 2013, after the minimization procedures governing telephone and Internet records collected under Section 702 of the Foreign Intelligence Surveillance Act were disclosed by Edward Snowden. The issue quickly receded into the background, however, as the world struggled to keep up with the deluge of surveillance disclosures. The Intelligence Authorization Act of 2015, which passed Congress this last December, should bring the question back to the fore. It established retention guidelines for communications collected under Executive Order 12333 and included an exception that allows NSA to keep ‘incidentally’ collected encrypted communications for an indefinite period of time. This creates a massive loophole in the guidelines. NSA’s retention of encrypted communications deserves further consideration today, now that these retention guidelines have been written into law. It has become increasingly clear over the last year that surveillance reform will be driven by technological change—specifically by the growing use of encryption technologies. Therefore, any legislation touching on encryption should receive close scrutiny.
  • Section 309 of the intel authorization bill describes “procedures for the retention of incidentally acquired communications.” It establishes retention guidelines for surveillance programs that are “reasonably anticipated to result in the acquisition of [telephone or electronic communications] to or from a United States person.” Communications to or from a United States person are ‘incidentally’ collected because the U.S. person is not the actual target of the collection. Section 309 states that these incidentally collected communications must be deleted after five years unless they meet a number of exceptions. One of these exceptions is that “the communication is enciphered or reasonably believed to have a secret meaning.” This exception appears to be directly lifted from NSA’s minimization procedures for data collected under Section 702 of FISA, which were declassified in 2013. 
  • While Section 309 specifically applies to collection taking place under E.O. 12333, not FISA, several of the exceptions described in Section 309 closely match exceptions in the FISA minimization procedures. That includes the exception for “enciphered” communications. Those minimization procedures almost certainly served as a model for these retention guidelines and will likely shape how this new language is interpreted by the Executive Branch. Section 309 also asks the heads of each relevant member of the intelligence community to develop procedures to ensure compliance with new retention requirements. I expect those procedures to look a lot like the FISA minimization guidelines.
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  • This language is broad, circular, and technically incoherent, so it takes some effort to parse appropriately. When the minimization procedures were disclosed in 2013, this language was interpreted by outside commentators to mean that NSA may keep all encrypted data that has been incidentally collected under Section 702 for at least as long as is necessary to decrypt that data. Is this the correct interpretation? I think so. It is important to realize that the language above isn’t just broad. It seems purposefully broad. The part regarding relevance seems to mirror the rationale NSA has used to justify its bulk phone records collection program. Under that program, all phone records were relevant because some of those records could be valuable to terrorism investigations and (allegedly) it isn’t possible to collect only those valuable records. This is the “to find a needle a haystack, you first have to have the haystack” argument. The same argument could be applied to encrypted data and might be at play here.
  • This exception doesn’t just apply to encrypted data that might be relevant to a current foreign intelligence investigation. It also applies to cases in which the encrypted data is likely to become relevant to a future intelligence requirement. This is some remarkably generous language. It seems one could justify keeping any type of encrypted data under this exception. Upon close reading, it is difficult to avoid the conclusion that these procedures were written carefully to allow NSA to collect and keep a broad category of encrypted data under the rationale that this data might contain the communications of NSA targets and that it might be decrypted in the future. If NSA isn’t doing this today, then whoever wrote these minimization procedures wanted to at least ensure that NSA has the authority to do this tomorrow.
  • There are a few additional observations that are worth making regarding these nominally new retention guidelines and Section 702 collection. First, the concept of incidental collection as it has typically been used makes very little sense when applied to encrypted data. The way that NSA’s Section 702 upstream “about” collection is understood to work is that technology installed on the network does some sort of pattern match on Internet traffic; say that an NSA target uses example@gmail.com to communicate. NSA would then search content of emails for references to example@gmail.com. This could notionally result in a lot of incidental collection of U.S. persons’ communications whenever the email that references example@gmail.com is somehow mixed together with emails that have nothing to do with the target. This type of incidental collection isn’t possible when the data is encrypted because it won’t be possible to search and find example@gmail.com in the body of an email. Instead, example@gmail.com will have been turned into some alternative, indecipherable string of bits on the network. Incidental collection shouldn’t occur because the pattern match can’t occur in the first place. This demonstrates that, when communications are encrypted, it will be much harder for NSA to search Internet traffic for a unique ID associated with a specific target.
  • This lends further credence to the conclusion above: rather than doing targeted collection against specific individuals, NSA is collecting, or plans to collect, a broad class of data that is encrypted. For example, NSA might collect all PGP encrypted emails or all Tor traffic. In those cases, NSA could search Internet traffic for patterns associated with specific types of communications, rather than specific individuals’ communications. This would technically meet the definition of incidental collection because such activity would result in the collection of communications of U.S. persons who aren’t the actual targets of surveillance. Collection of all Tor traffic would entail a lot of this “incidental” collection because the communications of NSA targets would be mixed with the communications of a large number of non-target U.S. persons. However, this “incidental” collection is inconsistent with how the term is typically used, which is to refer to over-collection resulting from targeted surveillance programs. If NSA were collecting all Tor traffic, that activity wouldn’t actually be targeted, and so any resulting over-collection wouldn’t actually be incidental. Moreover, greater use of encryption by the general public would result in an ever-growing amount of this type of incidental collection.
  • This type of collection would also be inconsistent with representations of Section 702 upstream collection that have been made to the public and to Congress. Intelligence officials have repeatedly suggested that search terms used as part of this program have a high degree of specificity. They have also argued that the program is an example of targeted rather than bulk collection. ODNI General Counsel Robert Litt, in a March 2014 meeting before the Privacy and Civil Liberties Oversight Board, stated that “there is either a misconception or a mischaracterization commonly repeated that Section 702 is a form of bulk collection. It is not bulk collection. It is targeted collection based on selectors such as telephone numbers or email addresses where there’s reason to believe that the selector is relevant to a foreign intelligence purpose.” The collection of Internet traffic based on patterns associated with types of communications would be bulk collection; more akin to NSA’s collection of phone records en mass than it is to targeted collection focused on specific individuals. Moreover, this type of collection would certainly fall within the definition of bulk collection provided just last week by the National Academy of Sciences: “collection in which a significant portion of the retained data pertains to identifiers that are not targets at the time of collection.”
  • The Section 702 minimization procedures, which will serve as a template for any new retention guidelines established for E.O. 12333 collection, create a large loophole for encrypted communications. With everything from email to Internet browsing to real-time communications moving to encrypted formats, an ever-growing amount of Internet traffic will fall within this loophole.
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    Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."       
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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.).
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What is Docker? How Does it Work? - DevopsCube [# ! + Note] - 0 views

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    "By devopscube - December, 24th 2014 [# ! it's important to get it...] Before understanding Docker, lets have a look at Linux containers." [+ http://devopscube.com/getting-started-with-docker-contianers/]
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    "By devopscube - December, 24th 2014 Before understanding Docker, lets have a look at Linux containers."
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    "By devopscube - December, 24th 2014 [# ! it's important to get it...] Before understanding Docker, lets have a look at Linux containers." [+ http://devopscube.com/getting-started-with-docker-contianers/]
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How to do fast, repeatable Linux installations | Opensource.com - 0 views

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    Automate everything: Another lesson from the Linux philosophy "Some of my recent articles have been about the Linux philosophy and its impact on the daily activities of system administrators like myself. One of the basic tenets of the Linux philosophy is to use software leverage, and one of the important corollaries of that tenet is to automate everything."
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    Automate everything: Another lesson from the Linux philosophy "Some of my recent articles have been about the Linux philosophy and its impact on the daily activities of system administrators like myself. One of the basic tenets of the Linux philosophy is to use software leverage, and one of the important corollaries of that tenet is to automate everything."
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Will Molecular Biology's Most Important Discovery In Years Be Ruined By Patents? | Tech... - 1 views

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    "from the GNU-Emacs-for-DNA dept Techdirt readers hardly need to be reminded that, far from promoting innovation, patents can shut it down, either directly, through legal action, or indirectly through the chill they cast on work in related areas. But not all patents are created equal. Some are so slight as to be irrelevant, while others have such a wide reach that they effectively control an entire domain. Patents on a new biological technique based on a mechanism found in nature, discussed in a long and fascinating piece in the Boston Review, definitely fall into the second category. Here's the article's explanation of the underlying mechanism, known as CRISPR-Cas: "
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How Edward Snowden Changed Everything | The Nation - 0 views

  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
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  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
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