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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.
Gonzalo San Gil, PhD.

Studies on file sharing - La Quadrature du Net - 0 views

wiki.laquadrature.net/Studies_on_file_sharing

studies file sharing Quadrature du Net

shared by Gonzalo San Gil, PhD. on 11 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 11 Aug 15
     
    "Contents 1 Studies 1.1 Evaluation of the effects of the HADOPI law 1.1.1 University of Delaware and Université de Rennes - 2014 - Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law 1.1.2 M@rsouin - 2010 - Evaluation of the effects of the HADOPI law (FR) 1.2 People who share files are people who spend the more for culture 1.2.1 Munich School of Management and Copenhagen Business School - Piracy and Movie Revenues: Evidence from Megaupload 1.2.2 The American Assembly (Collumbia University) - Copy Culture in the USA and Germany 1.2.3 GFK (Society for Consumer Research) - Disappointed commissioner suppresses study showing pirates are cinema's best consumers 1.2.4 HADOPI - 2011 - January 2011 study on online cultural practices (FR) 1.2.5 University of Amsterdam - 2010 - Economic and cultural effects of unlawful file sharing 1.2.6 BBC - 2009 - "Pirates" spend more on music (FR) 1.2.7 IPSOS Germany - 2009 - Filesharers are better "consumers" of culture (FR) 1.2.8 Frank N. Magid Associates, Inc. - 2009 - P2P / Best consumers for Hollywood (EN) 1.2.9 Business School of Norway - 2009 - Those who share music spend ten times more money on music (NO) 1.2.10 Annelies Huygen, et al. (Dutch government investigation) - 2009 - Ups and downs - Economische en culturele gevolgen van file sharing voor muziek, film en games 1.2.11 M@rsouin - 2008 - P2P / buy more DVDs (FR) 1.2.12 Canadian Department of Industry - 2007 - P2P / achètent plus de musique (FR) 1.2.13 Felix Oberholzer-Gee (above) and Koleman Strumpf - 2004 -File sharing may boost CD sales 1.3 Economical effects of filesharing 1.3.1 University of Kansas School of Business - Using Markets to Measure the Impact of File Sharing o
  • Gonzalo San Gil, PhD. on 11 Aug 15
     
    "Contents 1 Studies 1.1 Evaluation of the effects of the HADOPI law 1.1.1 University of Delaware and Université de Rennes - 2014 - Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law 1.1.2 M@rsouin - 2010 - Evaluation of the effects of the HADOPI law (FR) 1.2 People who share files are people who spend the more for culture 1.2.1 Munich School of Management and Copenhagen Business School - Piracy and Movie Revenues: Evidence from Megaupload 1.2.2 The American Assembly (Collumbia University) - Copy Culture in the USA and Germany 1.2.3 GFK (Society for Consumer Research) - Disappointed commissioner suppresses study showing pirates are cinema's best consumers 1.2.4 HADOPI - 2011 - January 2011 study on online cultural practices (FR) 1.2.5 University of Amsterdam - 2010 - Economic and cultural effects of unlawful file sharing 1.2.6 BBC - 2009 - "Pirates" spend more on music (FR) 1.2.7 IPSOS Germany - 2009 - Filesharers are better "consumers" of culture (FR) 1.2.8 Frank N. Magid Associates, Inc. - 2009 - P2P / Best consumers for Hollywood (EN) 1.2.9 Business School of Norway - 2009 - Those who share music spend ten times more money on music (NO) 1.2.10 Annelies Huygen, et al. (Dutch government investigation) - 2009 - Ups and downs - Economische en culturele gevolgen van file sharing voor muziek, film en games 1.2.11 M@rsouin - 2008 - P2P / buy more DVDs (FR) 1.2.12 Canadian Department of Industry - 2007 - P2P / achètent plus de musique (FR) 1.2.13 Felix Oberholzer-Gee (above) and Koleman Strumpf - 2004 -File sharing may boost CD sales 1.3 Economical effects of filesharing 1.3.1 University of Kansas School of Business - Using Markets to Measure the Impact of File Sharing o
Paul Merrell

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

press.ffii.org/...U%20-%20US%20trade%20agreement

internet freedom trade agreements

shared by Paul Merrell on 18 Mar 13 - No Cached
  • Brussels, 18 March 2013 -- More than 35 European and United States civil society organisations insist that a proposed trade agreement between the EU and the US exclude any provisions related to patents, copyright, trademarks, or other forms of so-called "intellectual property". Such provisions could impede citizens' rights to health, culture, and free expression and otherwise affect their daily lives.
  • The civil society organisations also insist that the EU and US will release the negotiating texts of the trade agreement they intend to negotiate. They believe that secretive "trade" negotiations are absolutely unacceptable forums for devising binding rules that change national non-trade laws.
  • We, the undersigned, are internet freedom and public health groups, activists, and other public interest leaders dedicated to the rights of all people to access cultural and educational resources and affordable medicines, to enjoy a free and open internet, and to benefit from open and needs-driven innovation. First, we insist that the European Union and United States release, in timely and ongoing fashion, any and all negotiating or pre-negotiation texts. We believe that secretive "trade" negotiations are absolutely unacceptable forums for devising binding rules that change national non-trade laws. Second, we insist that the proposed TAFTA exclude any provisions related to patents, copyright, trademarks, data protection, geographical indications, or other forms of so-called "intellectual property". Such provisions could impede our rights to health, culture, and free expression and otherwise affect our daily lives.
  • ...1 more annotation...
  • Past trade agreements negotiated by the US and EU have significantly increased the privileges of multinational corporations at the expense of society in general. Provisions in these agreements can, among many other concerns, limit free speech, constrain access to educational materials such as textbooks and academic journals, and, in the case of medicines, raise healthcare costs and contribute to preventable suffering and death. Unless "intellectual property" is excluded from these talks, we fear that the outcome will be an agreement that inflicts the worst of both regimes’ rules on the other party. From a democratic perspective, we believe that important rules governing technology, health, and culture should be debated in the US Congress, the European Parliament, national parliaments, and other transparent forums where all stakeholders can be heard—not in closed negotiations that give privileged access to corporate insiders. The TAFTA negotiations must not lead to a rewriting of patent and copyright rules in a way that tilts the balance even further away from the interests of citizens.
Paul Merrell

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

www.mintpressnews.com/...210233

economic-warfare TPP agreement-texts

shared by Paul Merrell on 10 Oct 15 - No Cached
  • 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.

GNU's Framework for Secure Peer-to-Peer Networking GNU's Framework for Secure Peer-to-P... - 0 views

gnunet.org/philosophy

GNU framework secure peer-to-peer networking

shared by Gonzalo San Gil, PhD. on 13 Apr 14 - No Cached
  • Gonzalo San Gil, PhD. on 13 Apr 14
     
    "Philosophy The foremost goal of the GNUnet project is to become a widely used, reliable, open, non-discriminating, egalitarian, unfettered and censorship-resistant system of free information exchange. We value free speech above state secrets, law-enforcement or intellectual property. GNUnet is supposed to be an anarchistic network, where the only limitation for peers is that they must contribute enough back to the network such that their resource consumption does not have a significant impact on other users. GNUnet should be more than just another file-sharing network. The plan is to offer many other services and in particular to serve as a development platform for the next generation of decentralized Internet protocols."
  • Gonzalo San Gil, PhD. on 13 Apr 14
     
    "Philosophy The foremost goal of the GNUnet project is to become a widely used, reliable, open, non-discriminating, egalitarian, unfettered and censorship-resistant system of free information exchange. We value free speech above state secrets, law-enforcement or intellectual property. GNUnet is supposed to be an anarchistic network, where the only limitation for peers is that they must contribute enough back to the network such that their resource consumption does not have a significant impact on other users. GNUnet should be more than just another file-sharing network. The plan is to offer many other services and in particular to serve as a development platform for the next generation of decentralized Internet protocols."
Paul Merrell

Join The Internet Vote - 0 views

www.battleforthenet.com/internetvote

internet-freedom TPP fast-track legislation

shared by Paul Merrell on 10 Apr 15 - No Cached
  • Congress is about to introduce a bill to fast track a secret deal that could lead to global censorship. It’s called the Trans-Pacific Partnership (TPP). We think Internet users everywhere should have a say in decisions that affect the Internet — but if “Fast Track” legislation passes, there is no chance that the public will see the text before the deal is approved. Join the Internet Vote on April 23rd and let’s make it clear to DC how we’re voting: against Fast Track and against Internet censorship. (Learn More)
  • Paul Merrell on 10 Apr 15
     
    Sign up (email address) for updates on a monumental lobbying effort coming up in the next few days when Congress comes back into session and the legislation to "Fast Track" the TPP *and all future trade agrerements* is introduced. From leaked draft portions, we know that the TPP brings us internet censorship and a mass of copyright law changes that have the giant intellectual property corproate folk drooling at the mouth, because they helped write it while the public was excluded. This is your chance to help end secret trade agreements that the public doesn't even get to see until they have already been made into law.
Gonzalo San Gil, PhD.

Gallo report: Copyright dogmatism wins a battle, not the war Submitted on 01 June 2010 ... - 1 views

www.laquadrature.net/en

Qquadrature Amendment Obsolete let's promote P2P sharing ACTA copyright *Gallo Report graduated response three EU UE

shared by Gonzalo San Gil, PhD. on 27 May 10 - Cached
  • Brussels, June 1st 2010 - The vote, in JURI committee of the European Parliament on the Gallo report "Enforcement of intellectual property", including the rapporteur's repressive amendments, reflects the asphyxiating influence of corporate lobbies on EU policy-making. The ALDE group, which had stood for fundamental freedoms on several occasions, this time sided with the entertainment industries. This vote should make EU citizens react and convince MEPs about the stakes of our evolving digital societies. Beyond the vote of the Gallo report in plenary session, there are other upcoming legislative battles where the public interest of creativity and access to knowledge can be upheld against an obsolete vision of copyright.
  • Gonzalo San Gil, PhD. on 27 May 10
     
    Gallo Report on the future of EU copyright: repression or reflexion ? Submitted on 25 May 2010 in * copyright * proposals * Gallo * press release * Read more * Twitter * Facebook * Delicious * Digg * MySpace * Français Paris, May 25th, 2010 - The Gallo Report on the future of "intellectual property rights" (IPR) enforcement will be voted on June 1st, at 9 AM,1 in the Committee for Legal Affairs (JURI) of the European Parliament. Since no compromise was found between the members of the committee, two visions will frontally oppose. While the rapporteur -- French sarkozyst EPP member Marielle Gallo -- is pushing for more repression to tackle online file-sharing, some positive amendments from all the other political groups2 seek to end the dogmatic repression and call for the consideration of alternative schemes to fund creation. Every citizen concerned by the future of copyright in Europe and by the open nature of the Internet should express their views to the Members of the JURI committee3. 1. 1. http://www.europarl.europa.eu/activities/committees/calendarCom.do?langu... 2. 2. http://www.laquadrature.net/wiki/Rapport_Gallo_Amendments 3. 3. La Quadrature's wiki-based tool Political Memorycan be used for this purpose.
  • Gonzalo San Gil, PhD. on 27 May 10
     
    Perhaps The (Only One) Association that cares about Internet Citizens' Freedoms here in Europe...
Gonzalo San Gil, PhD.

U.S. Court Grants Order to Wipe Pirate Sites from the Internet | TorrentFreak - 1 views

torrentfreak.com/nes-remove-pirate-sites-140818

US court grants order wipe pirate sites internet worrisome

shared by Gonzalo San Gil, PhD. on 19 Aug 14 - No Cached
  • Gonzalo San Gil, PhD. on 19 Aug 14
     
    "... The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF's Intellectual Property Director Corynne McSherry. "It's very worrisome that a court would issue a rapid and broad order affecting speech based on allegations, without careful consideration and an opportunity for the targets to defend themselves," McSherry tells TorrentFreak."
  • Gonzalo San Gil, PhD. on 19 Aug 14
     
    "... The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF's Intellectual Property Director Corynne McSherry. "It's very worrisome that a court would issue a rapid and broad order affecting speech based on allegations, without careful consideration and an opportunity for the targets to defend themselves," McSherry tells TorrentFreak."
Gonzalo San Gil, PhD.

European Commission Plans for All-Out War Against Sharing | La Quadrature du Net - 0 views

www.laquadrature.net/...or-all-out-war-against-sharing

European Commision war against sharing stop abuse participate open consultation

shared by Gonzalo San Gil, PhD. on 27 Jan 11 - No Cached
  • Gonzalo San Gil, PhD. on 27 Jan 11
     
    [ The European Commission just launched a new consulation on its disastrously dogmatic report on IPRED, a directive on the enforcement of intellectual property rights, adopted by the EU in 2004. The report -- whose logic is similar to ACTA -- is based on an analysis of the application of IPRED. It calls for the massive filtering of the Internet to tackle file-sharing: according to the Commission, Internet Service Providers (ISPs) should "cooperate" in the war against sharing to avoid the threat of litigation. You can participate in the analysis by commenting both texts on co-ment: the IPRED report and the analysis of the application of IPRED **Citizens and NGOs have until March 31st, 2011 to sent a submission to answer the consultation. ]
Paul Merrell

» Obama Signs Global Internet Treaty Worse Than SOPA Alex Jones' Infowars: Th... - 2 views

www.infowars.com/nternet-treaty-worse-than-sopa

ACTA Obama OpenWeb SOPA constitutional law law

shared by Paul Merrell on 26 Jan 12 - No Cached
  • Months before the debate about Internet censorship raged as SOPA and PIPA dominated the concerns of web users, President Obama signed an international treaty that would allow companies in China or any other country in the world to demand ISPs remove web content in the US with no legal oversight whatsoever.
  • The White House has circumvented the necessity to have the treaty confirmed by lawmakers by presenting it an as “executive agreement,” although legal scholars have highlighted the dubious nature of this characterization.
  • In presenting ACTA as an “international agreement” rather than a treaty, the Obama administration managed to circumvent the legislative process and avoid having to get Senate approval, a method questioned by Senator Wyden. “That said, even if Obama has declared ACTA an executive agreement (while those in Europe insist that it’s a binding treaty), there is a very real Constitutional question here: can it actually be an executive agreement?” asks TechDirt. “The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President. Thus, there’s a pretty strong argument that the president legally cannot sign any intellectual property agreements as an executive agreement and, instead, must submit them to the Senate.”
Gonzalo San Gil, PhD.

38% of Young EU Internet Pirates See Nothing Wrong in Piracy - TorrentFreak - 0 views

torrentfreak.com/nothing-wrong-in-piracy-160407

internet pirates see nothing wrong beyond be ing best industry customers war VALUES culture

shared by Gonzalo San Gil, PhD. on 09 Apr 16 - No Cached
  • Gonzalo San Gil, PhD. on 09 Apr 16
     
    " By Andy on April 8, 2016 C: 43 News Young people are often the group most closely associated with consumption of illegal content yet the results of a new survey just published by the EU Intellectual Property Office paints them in a fairly reasonable light. While 38% of young European pirates see nothing wrong in piracy, just 5% exclusively use pirate sources."
Gonzalo San Gil, PhD.

UK Police: Enforcement Won't Work Against Piracy | TorrentFreak - 0 views

torrentfreak.com/ont-work-against-piracy-140615

UK police IP enforcement does not work against piracy new business model

shared by Gonzalo San Gil, PhD. on 15 Jun 14 - No Cached
  • Gonzalo San Gil, PhD. on 15 Jun 14
     
    " By Andy on June 15, 2014 C: 33 News The Commissioner of City of London Police admitted this week that just 4% to 10% of sites shut down when contacted by the new Intellectual Property Crime Unit. Alongside odd comments about the threat of "BitNet" and Tor making up "90% of the Internet", Leppard noted that enforcement will not provide a way out of the piracy problem. cityoflondonpoliceThis week's IP Enforcement Summit in London"
Gonzalo San Gil, PhD.

European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers | D... - 0 views

www.eff.org/full

Europe copyright law leak revelation internet subsidize publishers

shared by Gonzalo San Gil, PhD. on 27 Aug 16 - No Cached
  • Gonzalo San Gil, PhD. on 27 Aug 16
     
    "Fair Use and Intellectual Property: Defending the Balance International A just-leaked draft impact assessment on the modernization of European copyright rules could spell the end for many online services in Europe as we know them."
Gonzalo San Gil, PhD.

Five Years Before Any New U.S. Anti-Piracy Laws, MP Predicts | TorrentFreak - 0 views

torrentfreak.com/piracy-laws-mp-predicts-140418

no more IP enforcement laws in years after SOPA fail due to social internet action worldwide

shared by Gonzalo San Gil, PhD. on 20 Apr 14 - No Cached
  • Gonzalo San Gil, PhD. on 20 Apr 14
     
    " Andy on April 18, 2014 C: 116 Breaking Two years ago the Internet's biggest ever protest killed the hugely controversial anti-piracy legislation SOPA. Speaking to studios this week, a prominent UK government intellectual property advisor admitted that the damage caused was so great that it's unlikely that there will be a fresh piracy-focused legislative push for another five years."
Gonzalo San Gil, PhD.

Stop the Secrecy | OpenMedia - 0 views

stopthesecrecy.net/?t=dXNlcmlkPTUxNzA2MjIyLGVtYWlsaWQ9Njc5MQ==

stop secrecy TPP negotiations abuse commercial Intellectual Property Freedom of Expression Freedom of Speech internet

shared by Gonzalo San Gil, PhD. on 24 Apr 14 - No Cached
  • Gonzalo San Gil, PhD. on 24 Apr 14
     
    "Right now, Obama is meeting with leaders in Asia to finalize the secretive Trans-Pacific Partnership (TPP) agreement. The TPP threatens to censor your Internet1, kill jobs, undermine environmental safeguards, and remove your democratic rights2. We're going to get the attention of decision-makers and the media by projecting a Stop The Secrecy message on key buildings in Washington D.C. - but we need you to add your voice now. First name Last name Email Country "
Gonzalo San Gil, PhD.

Cox Accuses Rightscorp of Mass Copyright Infringement - TorrentFreak - 0 views

torrentfreak.com/-copyright-infringement-150924

cox provider accusation Rightscorp Intellectual Property enforcement enforcer mass piracy

shared by Gonzalo San Gil, PhD. on 25 Sep 15 - No Cached
  • Gonzalo San Gil, PhD. on 25 Sep 15
     
    " Ernesto on September 24, 2015 C: 7 Breaking Internet provider Cox Communications has hit back at anti-piracy company Rightscorp. While denying responsibility for the alleged copyright infringements of its subscribers, Cox turns the tables, accusing Rightscorp of sharing thousands of copyrighted works without permission."
  • Gonzalo San Gil, PhD. on 25 Sep 15
     
    " Ernesto on September 24, 2015 C: 7 Breaking Internet provider Cox Communications has hit back at anti-piracy company Rightscorp. While denying responsibility for the alleged copyright infringements of its subscribers, Cox turns the tables, accusing Rightscorp of sharing thousands of copyrighted works without permission."
Gonzalo San Gil, PhD.

Sex Cams at NASA & Library of Congress, Anti-Piracy Outfit Says | TorrentFreak - 1 views

torrentfreak.com/anti-piracy-outfit-says-140527

cams nasa library congress outfit piracy anti-piracy says ridiculous policy intellectual property enforcement

shared by Gonzalo San Gil, PhD. on 28 May 14 - No Cached
  • Gonzalo San Gil, PhD. on 28 May 14
     
    " Andy on May 27, 2014 C: 27 Breaking An adult media company's hiring of an anti-piracy outfit to blitz the Internet for content infringing on its webcam copyrights has produced ridiculous results."
Gonzalo San Gil, PhD.

Google Asked to Remove 1,500 "Pirate Links" Per Minute - TorrentFreak [# ! Note] - 0 views

torrentfreak.com/pirate-links-per-minute-151122

google asked remove thousands pirate links per minute like DDoS companies try destroy Internet engines search politics Intellectual Property enforcement censorship

shared by Gonzalo San Gil, PhD. on 23 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 23 Nov 15
     
    " Ernesto on November 22, 2015 C: 43 News Google is facing a never-ending flood of takedown requests from copyright holders, breaking record after record. The company currently processes a record breaking 1,500 links to "pirate" pages from its search results every minute, which is a 100% increase compared to last year."
Gonzalo San Gil, PhD.

EFF Warns Against Broad "Stay Down" Anti-Piracy Filters - TorrentFreak - 0 views

torrentfreak.com/own-anti-piracy-filters-160122

eff warn warning broad Internet www take down filters Intellectual Property enforcement possible abusecensorship thought control thought control

shared by Gonzalo San Gil, PhD. on 23 Jan 16 - No Cached
  • Gonzalo San Gil, PhD. on 23 Jan 16
     
    " Ernesto on January 22, 2016 C: 47 Breaking Copyright holders want websites to implement strict filters to guarantee that content stays down after a DMCA notice is received. The EFF warns against these demands, arguing that they will lead to a "filter everything" approach. According to the EFF this will result in more abuse and mistakes from often automated takedown bots. "
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