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Gonzalo San Gil, PhD.

Métodos que hacen inútil una ley antidescargas como la Ley SINDE | - 0 views

www.noalaleysinde.com/...ntidescargas-como-la-ley-sinde

Sinde Ley Sinde Ley Bide-Sinde Antidescargas inútil métodos

shared by Gonzalo San Gil, PhD. on 25 Aug 11 - No Cached
  • Gonzalo San Gil, PhD. on 25 Aug 11
     
    [Usuarios y páginas de enlaces pueden saltarse fácilmente estas normas La pasada semana conocíamos cómo Reino Unido aseguraba que no adoptaría una ley para cerrar y bloquear sitios web con enlaces a material con copyright por considerarlo un esfuerzo inútil. El regulador británico evidenció que con varios métodos a adoptar por los usuarios y las webs de enlaces estas leyes son prácticamente nulas,,,]
Gary Edwards

Mashups turn into an industry as offerings mature | Hinchcliffe Enterprise Web 2.0 | Z... - 0 views

blogs.zdnet.com/Hinchcliffe

OpenWeb mashup enterprise20 web20 dion-hinchcliffe

shared by Gary Edwards on 14 Apr 09 - Cached
  • Gary Edwards on 14 Apr 09
     
    Dion has lots to say about the recent Web 2.0 Conference. In this article he covers nine significant announcements from companies specializing in Web based mashups and the related tools for building ad hoc Web applications. This years Web 2.0 was filled with Web developer oriented services, but my favorite was MindTouch. Perhaps because their focus was that of directly engaging end users in the customization of business processes. Yes, the creation of data objects is clearly in the realm of trained developers. And for sure many tools were announced at Web 2.0 to further the much needed wiring of data objects. But once wired and available, services like MindTouch i think will become the way end users interact and create new business productivity methods. Great coverage.

    "...... For awareness and understanding of the fast-growing world of mashups are significant challenges as IT practitioners, business strategists, and software vendors attempt to grapple with what's facing up to be the biggest challenge of all: The habits and expectations of the larger part of a generation of workers who don't yet realize mashups are poised to change many things about the software landscape on the Web and in the workplace. Generational changes can be difficult for businesses to embrace successfully, and while evidence that mashups are remaking the business world are still very much emerging, they certainly hold the promise..."

    ".... while the life of the average Web developer has been greatly improved by the availability of a wide variety of useful open APIs, the average user of the Web hasn't been a direct beneficiary except through the increase in Web apps that are built on the mashup model. And that's because the tools that empower users to weave together existing Web parts and open APIs into the exact solutions they need are just now becoming easy enough and robust enough to readily enable these scenarios. And that doesn't include the variety of
Gonzalo San Gil, PhD.

Do Personal Computers Come With NSA Surveillance Devices Built-In As Standard? | Techdirt - 0 views

www.techdirt.com/...ces-built-in-as-standard.shtml

personal computers ntegrated standard nsa surveillance devices

shared by Gonzalo San Gil, PhD. on 27 May 14 - No Cached
  • Gonzalo San Gil, PhD. on 27 May 14
     
    "from the tinfoil-hat dept As Techdirt reported last year, one of the most bizarre episodes in the unfolding story of the Snowden leaks was when two experts from the UK's GCHQ oversaw the destruction of the Guardian's computers that held material provided by Snowden"
Paul Merrell

ExposeFacts - For Whistleblowers, Journalism and Democracy - 0 views

exposefacts.org

transparency whistle-blowers resources Wikileaks Tail

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

What's Scarier: Terrorism, or Governments Blocking Websites in its Name? - The Intercept - 0 views

firstlook.org/...terally-blocking-websites-name

censorship-crimes web-site-blocking terrorism™ civil liberties discrimination War-on-Muslims

shared by Paul Merrell on 19 Mar 15 - No Cached
  • Forcibly taking down websites deemed to be supportive of terrorism, or criminalizing speech deemed to “advocate” terrorism, is a major trend in both Europe and the West generally. Last month in Brussels, the European Union’s counter-terrorism coordinator issued a memo proclaiming that “Europe is facing an unprecedented, diverse and serious terrorist threat,” and argued that increased state control over the Internet is crucial to combating it. The memo noted that “the EU and its Member States have developed several initiatives related to countering radicalisation and terrorism on the Internet,” yet argued that more must be done. It argued that the focus should be on “working with the main players in the Internet industry [a]s the best way to limit the circulation of terrorist material online.” It specifically hailed the tactics of the U.K. Counter-Terrorism Internet Referral Unit (CTIRU), which has succeeded in causing the removal of large amounts of material it deems “extremist”:
  • In addition to recommending the dissemination of “counter-narratives” by governments, the memo also urged EU member states to “examine the legal and technical possibilities to remove illegal content.” Exploiting terrorism fears to control speech has been a common practice in the West since 9/11, but it is becoming increasingly popular even in countries that have experienced exceedingly few attacks. A new extremist bill advocated by the right-wing Harper government in Canada (also supported by Liberal Party leader Justin Trudeau even as he recognizes its dangers) would create new crimes for “advocating terrorism”; specifically: “every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general” would be a guilty and can be sent to prison for five years for each offense. In justifying the new proposal, the Canadian government admits that “under the current criminal law, it is [already] a crime to counsel or actively encourage others to commit a specific terrorism offence.” This new proposal is about criminalizing ideas and opinions. In the government’s words, it “prohibits the intentional advocacy or promotion of terrorism, knowing or reckless as to whether it would result in terrorism.”
  • If someone argues that continuous Western violence and interference in the Muslim world for decades justifies violence being returned to the West, or even advocates that governments arm various insurgents considered by some to be “terrorists,” such speech could easily be viewed as constituting a crime. To calm concerns, Canadian authorities point out that “the proposed new offence is similar to one recently enacted by Australia, that prohibits advocating a terrorist act or the commission of a terrorism offence-all while being reckless as to whether another person will engage in this kind of activity.” Indeed, Australia enacted a new law late last year that indisputably targets political speech and ideas, as well as criminalizing journalism considered threatening by the government. Punishing people for their speech deemed extremist or dangerous has been a vibrant practice in both the U.K. and U.S. for some time now, as I detailed (coincidentally) just a couple days before free speech marches broke out in the West after the Charlie Hebdo attacks. Those criminalization-of-speech attacks overwhelmingly target Muslims, and have resulted in the punishment of such classic free speech activities as posting anti-war commentary on Facebook, tweeting links to “extremist” videos, translating and posting “radicalizing” videos to the Internet, writing scholarly articles in defense of Palestinian groups and expressing harsh criticism of Israel, and even including a Hezbollah channel in a cable package.
  • ...2 more annotations...
  • Beyond the technical issues, trying to legislate ideas out of existence is a fool’s game: those sufficiently determined will always find ways to make themselves heard. Indeed, as U.S. pop star Barbra Streisand famously learned, attempts to suppress ideas usually result in the greatest publicity possible for their advocates and/or elevate them by turning fringe ideas into martyrs for free speech (I have zero doubt that all five of the targeted sites enjoyed among their highest traffic dates ever today as a result of the French targeting). But the comical futility of these efforts is exceeded by their profound dangers. Who wants governments to be able to unilaterally block websites? Isn’t the exercise of this website-blocking power what has long been cited as reasons we should regard the Bad Countries — such as China and Iran — as tyrannies (which also usually cite “counterterrorism” to justify their censorship efforts)?
  • s those and countless other examples prove, the concepts of “extremism” and “radicalizing” (like “terrorism” itself) are incredibly vague and elastic, and in the hands of those who wield power, almost always expand far beyond what you think it should mean (plotting to blow up innocent people) to mean: anyone who disseminates ideas that are threatening to the exercise of our power. That’s why powers justified in the name of combating “radicalism” or “extremism” are invariably — not often or usually, but invariably — applied to activists, dissidents, protesters and those who challenge prevailing orthodoxies and power centers. My arguments for distrusting governments to exercise powers of censorship are set forth here (in the context of a prior attempt by a different French minister to control the content of Twitter). In sum, far more damage has been inflicted historically by efforts to censor and criminalize political ideas than by the kind of “terrorism” these governments are invoking to justify these censorship powers. And whatever else may be true, few things are more inimical to, or threatening of, Internet freedom than allowing functionaries inside governments to unilaterally block websites from functioning on the ground that the ideas those sites advocate are objectionable or “dangerous.” That’s every bit as true when the censors are in Paris, London, and Ottawa, and Washington as when they are in Tehran, Moscow or Beijing.
Paul Merrell

WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ou... - 0 views

www.mcclatchydc.com/...-staffers-accessed-senate.html

surveillance state CIA torture Senate-Intelligence_Committee-Report Brennan

shared by Paul Merrell on 01 Aug 14 - No Cached
  • An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.
  • The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.
  • The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.
  • ...7 more annotations...
  • Another committee member, Sen. Ron Wyden, D-Ore., and some civil rights groups called for a fuller investigation. The demands clashed with a desire by President Barack Obama, other lawmakers and the CIA to move beyond the controversy over the “enhanced interrogation program” after Feinstein releases her committee’s report, which could come as soon as next weekMany members demanded that Brennan explain his earlier denial that the CIA had accessed the Senate committee database.“Director Brennan should make a very public explanation and correction of what he said,” said Sen. Carl Levin, D-Mich. He all but accused the Justice Department of a coverup by deciding not to pursue a criminal investigation into the CIA’s intrusion.
  • “I thought there might have been information that was produced after the department reached their conclusion,” he said. “What I understand, they have all of the information which the IG has.”He hinted that the scandal goes further than the individuals cited in Buckley’s report.“I think it’s very clear that CIA people knew exactly what they were doing and either knew or should’ve known,” said Levin, adding that he thought that Buckley’s findings should be referred to the Justice Department.A person with knowledge of the issue insisted that the CIA personnel who improperly accessed the database “acted in good faith,” believing that they were empowered to do so because they believed there had been a security violation.“There was no malicious intent. They acted in good faith believing they had the legal standing to do so,” said the knowledgeable person, who asked not to be further identified because they weren’t authorized to discuss the issue publicly. “But it did not conform with the legal agreement reached with the Senate committee.”
  • Feinstein called Brennan’s apology and his decision to submit Buckley’s findings to the accountability board “positive first steps.”“This IG report corrects the record and it is my understanding that a declassified report will be made available to the public shortly,” she said in a statement.“The investigation confirmed what I said on the Senate floor in March _ CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers,” she said.It was not clear why Feinstein didn’t repeat her charges from March that the agency also may have broken the law and had sought to “thwart” her investigation into the CIA’s use of waterboarding, which simulates drowning, sleep deprivation and other harsh interrogation methods _ tactics denounced by many experts as torture.
  • Buckley’s findings clashed with denials by Brennan that he issued only hours after Feinstein’s blistering Senate speech.“As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s _ that’s just beyond the _ you know, the scope of reason in terms of what we would do,” he said in an appearance at the Council on Foreign Relations.White House Press Secretary Josh Earnest issued a strong defense of Brennan, crediting him with playing an “instrumental role” in the administration’s fight against terrorism, in launching Buckley’s investigation and in looking for ways to prevent such occurrences in the future.Earnest was asked at a news briefing whether there was a credibility issue for Brennan, given his forceful denial in March.“Not at all,” he replied, adding that Brennan had suggested the inspector general’s investigation in the first place. And, he added, Brennan had taken the further step of appointing the accountability board to review the situation and the conduct of those accused of acting improperly to “ensure that they are properly held accountable for that conduct.”
  • The allegations and the separate CIA charge that the committee staff removed classified documents from the secret CIA facility in Northern Virginia without authorization were referred to the Justice Department for investigation.The department earlier this month announced that it had found insufficient evidence on which to proceed with criminal probes into either matter “at this time.” Thursday, Justice Department officials declined comment.
  • In her speech, Feinstein asserted that her staff found the material _ known as the Panetta review, after former CIA Director Leon Panetta, who ordered it _ in the protected database and that the CIA discovered the staff had it by monitoring its computers in violation of the user agreement.The inspector general’s summary, which was prepared for the Senate and the House intelligence committees, didn’t identify the CIA personnel who had accessed the Senate’s protected database.Furthermore, it said, the CIA crimes report to the Justice Department alleging that panel staffers had removed classified materials without permission was grounded on inaccurate information. The report is believed to have been sent by the CIA’s then acting general counsel, Robert Eatinger, who was a legal adviser to the interrogation program.“The factual basis for the referral was not supported, as the author of the referral had been provided inaccurate information on which the letter was based,” said the summary, noting that the Justice Department decided not to pursue the issue.
  • Christopher Anders, senior legislative counsel with the American Civil Liberties Union, criticized the CIA announcement, saying that “an apology isn’t enough.”“The Justice Department must refer the (CIA) inspector general’s report to a federal prosecutor for a full investigation into any crimes by CIA personnel or contractors,” said Anders.
  • Paul Merrell on 01 Aug 14
     
    And no one but the lowest ranking staffer knew anything about it, not even the CIA lawyer who made the criminal referral to the Justice Dept., alleging that the Senate Intelligence Committee had accessed classified documents it wasn't authorized to access. So the Justice Dept. announces that there's insufficient evidence to warrant a criminal investigation. As though the CIA lawyer's allegations were not based on the unlawful surveillance of the Senate Intelligence Committee's network.  Can't we just get an official announcement that Attorney General Holder has decided that there shall be a cover-up? 
Paul Merrell

Free At Last: New DMCA Rules Might Make the Web a Better Place | nsnbc international - 0 views

nsnbc.me/...ht-make-the-web-a-better-place

DMCA-exemptions auto-software VW-scandal video-games remixers

shared by Paul Merrell on 28 Oct 15 - No Cached
  • David Mao, the Librarian of Congress, has issued new rules pertaining to exemptions to the Digital Millennium Copyright Act (DMCA) after a 3 year battle that was expedited in the wake of the Volkswagen scandal.
  • Opposition to this new decision is coming from the Environmental Protection Agency (EPA) and the auto industry because the DMCA prohibits “circumventing encryption or access controls to copy or modify copyrighted works.” For example, GM “claimed the exemption ‘could introduce safety and security issues as well as facilitate violation of various laws designed specifically to regulate the modern car, including emissions, fuel economy, and vehicle safety regulations’.” The exemption in question is in Section 1201 which forbids the unlocking of software access controls which has given the auto industry the unique ability to “threaten legal action against anyone who needs to get around those restrictions, no matter how legitimate the reason.” Journalist Nick Statt points out that this provision “made it illegal in the past to unlock your smartphone from its carrier or even to share your HBO Go password with a friend. It’s designed to let corporations protect copyrighted material, but it allows them to crackdown on circumventions even when they’re not infringing on those copyrights or trying to access or steal proprietary information.”
  • Kit Walsh, staff attorney for the Electronic Frontier Foundation (EFF), explained that the “‘access control’ rule is supposed to protect against unlawful copying. But as we’ve seen in the recent Volkswagen scandal—where VW was caught manipulating smog tests—it can be used instead to hide wrongdoing hidden in computer code.” Walsh continued: “We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers, and that the Librarian has acted to promote competition in the vehicle aftermarket and protect the long tradition of vehicle owners tinkering with their cars and tractors. The year-long delay in implementing the exemptions, though, is disappointing and unjustified. The VW smog tests and a long run of security vulnerabilities have shown researchers and drivers need the exemptions now.” As part of the new changes, gamers can “modify an old video game so it doesn’t perform a check with an authentication server that has since been shut down” and after the publisher cuts of support for the video game.
  • ...1 more annotation...
  • Another positive from the change is that smartphone users will be able to jailbreak their phone and finally enjoy running operating systems and applications from any source, not just those approved by the manufacturer. And finally, those who remix excerpts from DVDs, Blu – Ray discs or downloading services will be allowed to mix the material into theirs without violating the DMCA.
Gonzalo San Gil, PhD.

BitTorrent Usage Doesn't Equal Piracy, Cox Tells Court - TorrentFreak - 1 views

torrentfreak.com/-piracy-cox-tells-court-151115

bittorrent protocol TCP_IP not no equal different piracy tells court

shared by Gonzalo San Gil, PhD. on 16 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 16 Nov 15
     
    " By Ernesto on November 15, 2015 C: 36 Breaking U.S. Internet provider Cox Communications is scheduled to go to trial soon, defending itself against copyright infringement claims from two music companies. In a new motion Cox asks the court to prohibit the use of any material claiming that BitTorrent equals piracy. BitTorrent has plenty legitimate uses and equating it to infringement would mislead the jury during trial, the ISP argues. "
Gonzalo San Gil, PhD.

Cox Refuses to Spy on Subscribers to Catch Pirates - TorrentFreak [# ! Note] - 0 views

torrentfreak.com/ribers-to-catch-pirates-160215

challengecox refusal spy spying ISP ISPs subscribers pirates customers Intellectual Property vs privacy

shared by Gonzalo San Gil, PhD. on 16 Feb 16 - No Cached
  • Gonzalo San Gil, PhD. on 16 Feb 16
     
    " Ernesto on February 15, 2016 C: 70 Breaking Cox Communications is objecting to a broad permanent injunction requested by music publisher BMG. The music group wants the ISP to spy on its subscribers and take action against those who download pirated material. Cox informs the court that these demands are overbroad, vague and possibly illegal."
Gonzalo San Gil, PhD.

Build a home music server with Linux | Opensource.com - 0 views

opensource.com/...-linux-based-music-server-home

build Linux GNU-Linux music server home open source entertainment setup

shared by Gonzalo San Gil, PhD. on 12 Jan 16 - No Cached
  • Gonzalo San Gil, PhD. on 12 Jan 16
     
    "In this article, I am going to focus on the hardware, software, and configuration issues that we need to resolve to set up a Linux-based music server as part of the home music system. Specifically, I'll look at the Raspberry Pi, Cubox-i, and Fit-PC as options for hosting your digital home music system. Some of the material in this article can equally be applied to my previous article on the Linux laptop as a high-quality music player"
Paul Merrell

» Israel To Coordinate With Google, YouTube, To Censor Palestinian Videos Of ... - 0 views

imemc.org/74028

internet-censorship Youtube Google Israel Palestine

shared by Paul Merrell on 01 Dec 17 - No Cached
  • The Israeli Deputy Foreign Minister, Member of Knesset Tzipi Hotovely, held meetings this week with representatives of YouTube and Google, to find ways of cooperating to censor Palestinian videos from occupied Palestine, videos she dubbed as “inciting violence and terrorism.”Israeli daily Maariv said Hotovely will be working with Google and YouTube officials in a joint mechanism that will be in charge of “monitoring and preventing” any publication of materials deemed by Tel Aviv to be “inflammatory.” Hotovely announced in a Hebrew-only press release that she met with YouTube CEO Susan Wojcicki, and Google’s Director of Public Policy, Jennifer Oztzistzki, at Google’s Silicon Valley Offices. Hotovely said that she received a comprehensive review mechanism for companies to monitor the films that allegedly incite violence, claiming that the supposed ‘incitement videos’ drive young children to go out and stab: ‘The attacks daily in Israel are the result of youths and children incited by the education system and the social networks, this is a daily war of incitement.’ She said that Google agreed to strengthen the bilateral relations with Israel’s Foreign Ministry, and build a mechanism of “collaborative work” that would make both parties partners in monitoring the published materials and censoring them. The Israeli move comes amidst escalating tension in occupied Palestine, and a large number of videos, including those showing Israeli soldiers and officers killing Palestinians execution-style after injuring them, and many videos that in general highlight the suffering of the Palestinian people, living under the illegal Israeli occupation of Palestine. The Israeli coordination with Google and YouTube has very serious implications, and many journalists have spoken out in opposition, saying it is a direct assault on the Freedom of the Press.
  • All foreign journalists who report in the Occupied Territories are required to register with the Israeli military, and any footage that they film is required to go through the Israeli Military Censor’s office before it can be released. With the recent advances in technology, many Palestinians and other civilians have been able to post videos uncensored online. The Israeli government has frequently voiced its discontent with this development, and have worked to find ways to continue to censor videos coming out of the Occupied Palestinian Territories.
Paul Merrell

Hey ITU Member States: No More Secrecy, Release the Treaty Proposals | Electronic Front... - 0 views

www.eff.org/...crecy-release-wcit-documents-0

Internet freedom Openweb ITU regulation

shared by Paul Merrell on 25 Nov 12 - No Cached
  • The International Telecommunication Union (ITU) will hold the World Conference on International Telecommunications (WCIT-12) in December in Dubai, an all-important treaty-writing event where ITU Member States will discuss the proposed revisions to the International Telecommunication Regulations (ITR). The ITU is a United Nations agency responsible for international telecom regulation, a bureaucratic, slow-moving, closed regulatory organization that issues treaty-level provisions for international telecommunication networks and services. The ITR, a legally binding international treaty signed by 178 countries, defines the boundaries of ITU’s regulatory authority and provides "general principles" on international telecommunications. However, media reports indicate that some proposed amendments to the ITR—a negotiation that is already well underway—could potentially expand the ITU’s mandate to encompass the Internet.
  • The International Telecommunication Union (ITU) will hold the World Conference on International Telecommunications (WCIT-12) in December in Dubai, an all-important treaty-writing event where ITU Member States will discuss the proposed revisions to the International Telecommunication Regulations (ITR). The ITU is a United Nations agency responsible for international telecom regulation, a bureaucratic, slow-moving, closed regulatory organization that issues treaty-level provisions for international telecommunication networks and services. The ITR, a legally binding international treaty signed by 178 countries, defines the boundaries of ITU’s regulatory authority and provides "general principles" on international telecommunications. However, media reports indicate that some proposed amendments to the ITR—a negotiation that is already well underway—could potentially expand the ITU’s mandate to encompass the Internet. In similar fashion to the secrecy surrounding ACTA and TPP, the ITR proposals are being negotiated in secret, with high barriers preventing access to any negotiating document. While aspiring to be a venue for Internet policy-making, the ITU Member States do not appear to be very open to the idea of allowing all stakeholders (including civil society) to participate. The framework under which the ITU operates does not allow for any form of open participation. Mere access to documents and decision-makers is sold by the ITU to corporate “associate” members at prohibitively high rates. Indeed, the ITU’s business model appears to depend on revenue generation from those seeking to ‘participate’ in its policy-making processes. This revenue-based principle of policy-making is deeply troubling in and of itself, as the objective of policy making should be to reach the best possible outcome.
  • EFF, European Digital Rights, CIPPIC and CDT and a coalition of civil society organizations from around the world are demanding that the ITU Secretary General, the  WCIT-12 Council Working Group, and ITU Member States open up the WCIT-12 and the Council working group negotiations, by immediately releasing all the preparatory materials and Treaty proposals. If it affects the digital rights of citizens across the globe, the public needs to know what is going on and deserves to have a say. The Council Working Group is responsible for the preparatory work towards WCIT-12, setting the agenda for and consolidating input from participating governments and Sector Members. We demand full and meaningful participation for civil society in its own right, and without cost, at the Council Working Group meetings and the WCIT on equal footing with all other stakeholders, including participating governments. A transparent, open process that is inclusive of civil society at every stage is crucial to creating sound policy.
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  • Civil society has good reason to be concerned regarding an expanded ITU policy-making role. To begin with, the institution does not appear to have high regard for the distributed multi-stakeholder decision making model that has been integral to the development of an innovative, successful and open Internet. In spite of commitments at WSIS to ensure Internet policy is based on input from all relevant stakeholders, the ITU has consistently put the interests of one stakeholder—Governments—above all others. This is discouraging, as some government interests are inconsistent with an open, innovative network. Indeed, the conditions which have made the Internet the powerful tool it is today emerged in an environment where the interests of all stakeholders are given equal footing, and existing Internet policy-making institutions at least aspire, with varying success, to emulate this equal footing. This formula is enshrined in the Tunis Agenda, which was committed to at WSIS in 2005:
  • 83. Building an inclusive development-oriented Information Society will require unremitting multi-stakeholder effort. We thus commit ourselves to remain fully engaged—nationally, regionally and internationally—to ensure sustainable implementation and follow-up of the outcomes and commitments reached during the WSIS process and its Geneva and Tunis phases of the Summit. Taking into account the multifaceted nature of building the Information Society, effective cooperation among governments, private sector, civil society and the United Nations and other international organizations, according to their different roles and responsibilities and leveraging on their expertise, is essential. 84. Governments and other stakeholders should identify those areas where further effort and resources are required, and jointly identify, and where appropriate develop, implementation strategies, mechanisms and processes for WSIS outcomes at international, regional, national and local levels, paying particular attention to people and groups that are still marginalized in their access to, and utilization of, ICTs.
  • Indeed, the ITU’s current vision of Internet policy-making is less one of distributed decision-making, and more one of ‘taking control.’ For example, in an interview conducted last June with ITU Secretary General Hamadoun Touré, Russian Prime Minister Vladimir Putin raised the suggestion that the union might take control of the Internet: “We are thankful to you for the ideas that you have proposed for discussion,” Putin told Touré in that conversation. “One of them is establishing international control over the Internet using the monitoring and supervisory capabilities of the International Telecommunication Union (ITU).” Perhaps of greater concern are views espoused by the ITU regarding the nature of the Internet. Yesterday, at the World Summit of Information Society Forum, Mr. Alexander Ntoko, head of the Corporate Strategy Division of the ITU, explained the proposals made during the preparatory process for the WCIT, outlining a broad set of topics that can seriously impact people's rights. The categories include "security," "interoperability" and "quality of services," and the possibility that ITU recommendations and regulations will be not only binding on the world’s nations, but enforced.
  • Rights to online expression are unlikely to fare much better than privacy under an ITU model. During last year’s IGF in Kenya, a voluntary code of conduct was issued to further restrict free expression online. A group of nations (including China, the Russian Federation, Tajikistan and Uzbekistan) released a Resolution for the UN General Assembly titled, “International Code of Conduct for Information Security.”  The Code seems to be designed to preserve and protect national powers in information and communication. In it, governments pledge to curb “the dissemination of information that incites terrorism, secessionism or extremism or that undermines other countries’ political, economic and social stability, as well as their spiritual and cultural environment.” This overly broad provision accords any state the right to censor or block international communications, for almost any reason.
  • EFF Joins Coalition Denouncing Secretive WCIT Planning Process June 2012 Congressional Witnesses Agree: Multistakeholder Processes Are Right for Internet Regulation June 2012 Widespread Participation Is Key in Internet Governance July 2012 Blogging ITU: Internet Users Will Be Ignored Again if Flawed ITU Proposals Gain Traction June 2012 Global Telecom Governance Debated at European Parliament Workshop
  • Paul Merrell on 25 Nov 12
Gonzalo San Gil, PhD.

Cómo buscar fácilmente contenido con licencia Creative Commons | Usemos Linux - 0 views

usemoslinux.blogspot.com/...-facilmente-contenido-con.html

buscar contenidos creative commons copyleft material producción

shared by Gonzalo San Gil, PhD. on 06 Dec 12 - No Cached
  • Gonzalo San Gil, PhD. on 06 Dec 12
     
    [... Muchas veces necesitamos una imagen, un video o un archivo de música pero corremos el peligro de descargar contenidos con copyright. En caso de que quieras descargar archivos con licencia Creative Commons, que no estén cubiertas por una licencia de copyright, existen algunas referencias para que la búsqueda de archivos multimedia libre de derechos no sea un problema y sea más bien una oportunidad de conocer a otros artistas y su trabajo.] ...
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

Smartphone innovation: Where we're going next (Smartphones Unlocked) | Dialed In - CNET... - 0 views

www.cnet.com/...oing-next-smartphones-unlocked

smartphone future smartphone

shared by Paul Merrell on 14 Apr 13 - No Cached
  • With his shaggy, sandy blond hair and a 5-o'clock shadow, Mark Rolston, the creative director for Frog Design, has studied technology for the better part of two decades. As he sees it, smartphones are just about out of evolutionary advances. Sure, form factors and materials might alter as manufacturers grasp for differentiating design, but in terms of innovative leaps, Rolston says, "we're at the end of gross innovation for smartphones." That isn't to say smartphones are dead or obsolete. Just the contrary. As Rolston and other future thinkers who study the mobile space conclude, smartphones will become increasingly impactful in interacting with our surrounding world, but more as one smaller piece of a much large, interconnected puzzle abuzz with data transfer and information. We'll certainly see more crazy camera software and NFC features everywhere, but there's much, much more to look forward to besides.
  • You may have never given two thoughts to the sensors that come on you smartphone. They don't mind. They're still there anyway, computing data on your phone's movement and speed, rotation, and lighting conditions. These under-appreciated components -- the gyroscope, accelerometer, magnetometer, and so forth -- are starting to get more friends in the neighborhood. Samsung, for instance, slipped pressure, temperature, and humidity sniffers into the Galaxy S4. They may not be the sexiest feature in your phone, but in the future, sensors like accelerometers will be able to collect and report much more detailed information.
  • If you've made it here, you'll start seeing a general theme: in the forward-looking smartphone environment of our future, our devices are anything but isolated. Instead, smartphones will come with more components and communications tools to interact more than ever before with people and other devices. We already see some communication with Wi-Fi Direct, Bluetooth, and NFC communications protocols, plus newcomers like the Miracast standard. In short, the kind of innovation we see in the mobile space may have more to do with getting your smartphone to communicate with other computing devices in the ecosystem than it will have with how many megapixels or ultrapixels your camera lens possesses or what kind of leather was used to finish the chassis.
  • ...5 more annotations...
  • An extension of the smartphone as medical device is what Ideo's Blakely terms "appcessories," a set of highly specialized peripheral software that fulfills very targeted needs, stuff that most people wouldn't want their everyday phone.
  • . Let's say you're in a bar or at a conference and you want to meet people, he says. Extremely precise sensors track exactly where you are indoors. Point the phone toward a person in the crowd and her pertinent information pops onto the screen: who she is, what she does, and maybe some backgrou
  • Into the coffee shop of tomorrow walks a techie of tomorrow. He or she is decked out in wearable tech from head to toe -- the Bluetooth earring or ear cuff tucked into a lobe; Google glasses beaming up maps and directions; a smartwatch that takes your vitals, deals with mobile payments, and serves as a console for the most important functions. Then there's the smartphone slipped into the pocket for more complicated tasks or to serve as a "big" screen, and the smart shoes that calculate distance, underfoot conditions, and analyze your gait. Your smartphone is still there, still essential for communicating with your environment, but it becomes only one device in a collection of other, even more personal or convenient gadgets, that solve some of the same sorts of problems in different or complimentary ways.
  • The scenario above isn't all that outlandish, especially given the rise of smartwatches, which still have a ways to go before becoming truly well-rounded devices. Crazy tech that interacts with your body has been in development for some time. To illustrate the point, Frog's Rolston brought a pair of Necomimi Brainwave Cat Ears to our interview. The fuzzy "ears," which have been on sale for about two years, sit atop a headband. A sensor protrudes from the band onto your forehead and a dangling clip closes the circuit when you attach it to your earlobe. The cat ears swivel and twitch in concert with your brain waves, a bizarre and surprisingly giddy sensation. Necomimi's contraption isn't particularly useful or flattering, but its brain-reading sensors underscore the kind of close, personal interaction that can occur when tech "talks." Paired with a smartphone app, what could this contraption share about our brains when we wake or sleep?
  • The point is this: smartphones aren't going anywhere. But instead of a focusing on the world within the phone's screen, the smartphone will be tuned more than ever before to the world around you.
Paul Merrell

EU okays 'renewed' data transfer deal, lets US firms move Europeans' private info overs... - 0 views

www.rt.com/...350289-eu-data-transfer-us

surveillance state EU safe-harbor privacy-shield NSA State-Dept.

shared by Paul Merrell on 12 Jul 16 - No Cached
  • The EU has accepted a new version of the so-called Private Shield law that would allow US companies to transfer Europeans’ private data to servers across the ocean. The EU struck down the previously-reached agreement over US surveillance concerns.
  • The majority of EU members voted in support of the Privacy Shield pact with the US that had been designed to replace its predecessor, the Safe Harbor system, which the highest EU court ruled “invalid” in October 2015 following Edward Snowden’s revelations about mass US surveillance.
  • The newly-adopted agreement will come into force starting Tuesday.The deal, which is said to be aimed at protecting European citizens’ private data, defines the rules of how the sharing of information should be handled. It gives legal ground for tech companies such as Google, Facebook and MasterCard to move Europeans’ personal data to US servers bypassing an EU ban on moving personal information out from the 28-nation bloc. The agreement covers everything from private data about employees to detailed records of what people do online.“For the first time, the US has given the EU written assurance that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms and has ruled out indiscriminate mass surveillance of European citizens' data,” the statement said.
  • ...2 more annotations...
  • The new deal now grants greater guarantees to European customers and provides “accessible and affordable redress mechanisms” in case any disputes concerning US spying arise. An ombudsman will also be created within the US State Department to review complaints filed by EU citizens.
  • Privacy Shield, however, has also faced sharp criticism. Concerns about extensive US spying activity were raised in Europe after whistleblower Edward Snowden released a trove of controversial material on Washington’s surveillance practices.Digital rights group Privacy International (PI) said the newly-adopted pact had been drawn up on a "flawed premise" and “remains full of holes and hence offers limited protection to personal data”. 
Gonzalo San Gil, PhD.

Bsrtech.net: Linux Guide: Linux Interview Questions - 0 views

www.bsrtech.net/...linux-interview-questions.html

linux basics material tutorial guide interview questions

shared by Gonzalo San Gil, PhD. on 22 Apr 14 - No Cached
  • Gonzalo San Gil, PhD. on 22 Apr 14
     
    1). Linux Interview Questions on Basics : Part 1 2). Linux Interview Questions on Basics : Part 2 3). Interview Questions for Freshers&Experienced
Paul Merrell

US pushing local cops to stay mum on surveillance - Yahoo News - 0 views

news.yahoo.com/;_ylt=AwrBJR4e65lTwmEAb7zQtDMD

surveillance state location-data public-records-acts litigation stingrays

shared by Paul Merrell on 13 Jun 14 - No Cached
  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned. Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment. Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message. But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars. Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.
  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them." Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies. A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.
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  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests. "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster. "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.
  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations." Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act. The FBI did not answer questions about its role in states' open records proceedings.
  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply. "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project. A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.
  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court. In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.
  • Paul Merrell on 13 Jun 14
     
    The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  
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.
simplykreative

Getting to know web designing - Technically - 1 views

www.blog.skdesignz.com/...ing-to-know-web-designing.html

Internet Google webdesign

shared by simplykreative on 26 Apr 15 - No Cached
  • simplykreative on 26 Apr 15
     
    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.
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