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Gary Edwards

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

  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
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  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
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    "Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "
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    I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.
Gary Edwards

XML Production Workflows? Start with the Web and XHTML - 0 views

  • Challenges: Some Ugly Truths The challenges of building—and living with—an XML workflow are clear enough. The return on investment is a long-term proposition. Regardless of the benefits XML may provide, the starting reality is that it represents a very different way of doing things than the one we are familiar with. The Word Processing and Desktop Publishing paradigm, based on the promise of onscreen, WYSIWYG layout, is so dominant as to be practically inescapable. It has proven really hard to get from here to there, no matter how attractive XML might be on paper. A considerable amount of organizational effort and labour must be expended up front in order to realize the benefits. This is why XML is often referred to as an “investment”: you sink a bunch of time and money up front, and realize the benefits—greater flexibility, multiple output options, searching and indexing, and general futureproofing—later, over the long haul. It is not a short-term return proposition. And, of course, the returns you are able to realize from your XML investment are commensurate with what you put in up front: fine-grained, semantically rich tagging is going to give you more potential for searchability and recombination than a looser, more general-purpose approach, but it sure costs more. For instance, the Text Encoding Initiative (TEI) is the grand example of pouring enormous amounts of energy into the up-front tagging, with a very open-ended set of possibilities down the line. TEI helpfully defines a level to which most of us do not have to aspire.[5] But understanding this on a theoretical level is only part of the challenge. There are many practical issues that must be addressed. Software and labour are two of the most critical. How do you get the content into XML in the first place? Unfortunately, despite two decades of people doing SGML and XML, this remains an ugly question.
  • Practical Challenges In 2009, there is still no truly likeable—let alone standard—editing and authoring software for XML. For many (myself included), the high-water mark here was Adobe’s FrameMaker, substantially developed by the late 1990s. With no substantial market for it, it is relegated today mostly to the tech writing industry, unavailable for the Mac, and just far enough afield from the kinds of tools we use today that its adoption represents a significant hurdle. And FrameMaker was the best of the breed; most of the other software in decent circulation are programmers’ tools—the sort of things that, as Michael Tamblyn pointed out, encourage editors to drink at their desks. The labour question represents a stumbling block as well. The skill-sets and mind-sets that effective XML editors need have limited overlap with those needed by literary and more traditional production editors. The need to think of documents as machine-readable databases is not something that comes naturally to folks steeped in literary culture. In combination with the sheer time and effort that rich tagging requires, many publishers simply outsource the tagging to India, drawing a division of labour that spans oceans, to put it mildly. Once you have XML content, then what do you do with it? How do you produce books from it? Presumably, you need to be able to produce print output as well as digital formats. But while the latter are new enough to be generally XML-friendly (e-book formats being largely XML based, for instance), there aren’t any straightforward, standard ways of moving XML content into the kind of print production environments we are used to seeing. This isn’t to say that there aren’t ways of getting print—even very high-quality print—output from XML, just that most of them involve replacing your prepress staff with Java programmers.
  • Why does this have to be so hard? It’s not that XML is new, or immature, or untested. Remember that the basics have been around, and in production, since the early 1980s at least. But we have to take account of a substantial and long-running cultural disconnect between traditional editorial and production processes (the ones most of us know intimately) and the ways computing people have approached things. Interestingly, this cultural divide looked rather different in the 1970s, when publishers were looking at how to move to digital typesetting. Back then, printers and software developers could speak the same language. But that was before the ascendancy of the Desktop Publishing paradigm, which computerized the publishing industry while at the same time isolating it culturally. Those of us who learned how to do things the Quark way or the Adobe way had little in common with people who programmed databases or document-management systems. Desktop publishing technology isolated us in a smooth, self-contained universe of toolbars, grid lines, and laser proofs. So, now that the reasons to get with this program, XML, loom large, how can we bridge this long-standing divide?
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  • Using the Web as a Production Platform The answer, I think, is right in front of you. The bridge is the Web, a technology and platform that is fundamentally based on XML, and which many publishers are by now comfortably familiar with. Perhaps not entirely comfortably, but at least most publishers are already working with the Web; they already either know or have on staff people who understand it and can work with it. The foundation of our argument is this: rather than looking at jumping to XML in its full, industrial complexity, which seems to be what the O'Reilly-backed StartWithXML initiative[6] is suggesting, publishers instead leverage existing tools and technologies—starting with the Web—as a means of getting XML workflows in place. This means making small investments and working with known tools rather than spending tens of thousands of dollars on XML software and rarefied consultants. It means re-thinking how the existing pieces of the production toolchain fit together; re-thinking the existing roles of software components already in use. It means, fundamentally, taking the Web seriously as a content platform, rather than thinking of it as something you need to get content out to, somehow. If nothing else, the Web represents an opportunity to think about editorial and production from outside the shrink-wrapped Desktop Publishing paradigm.
  • Is the Web made of Real XML? At this point some predictable objections can be heard: wait a moment, the Web isn’t really made out of XML; the HTML that makes up most of the Web is at best the bastard child of SGML, and it is far too flaky/unstructured/underpowered to be taken seriously. We counter by arguing that although HTML on the Web exists in a staggering array of different incarnations, and that the majority of it is indeed an unstructured mess, this does not undermine the general principle that basic, ubiquitous Web technologies can make a solid platform for content management, editorial process, and production workflow.
  • With the advent of a published XML standard in the late 1990s came the W3C’s adoption of XHTML: the realization of the Web’s native content markup as a proper XML document type. Today, its acceptance is almost ubiquitous, even while the majority of actual content out there may not be strictly conforming. The more important point is that most contemporary Web software, from browsers to authoring tools to content management systems (from blogs to enterprise systems), are capable of working with clean, valid XHTML. Or, to put the argument the other way around, clean, valid XHTML content plays absolutely seamlessly with everything else on the Web.[7]
  • The objection which follows, then, will be that even if we grant that XHTML is a real XML document type, that it is underpowered for “serious” content because it is almost entirely presentation (formatting) oriented; it lacks any semantic depth. In XHTML, a paragraph is a paragraph is a paragraph, as opposed to a section or an epigraph or a summary.
  • n contrast, more “serious” XML document types like DocBook[8] or DITA-derived schemas[9] are capable of making semantic distinctions about content chunks at a fine level of granularity and with a high degree of specificity.
  • So there is an argument for recalling the 80:20 rule here. If XHTML can provide 80% of the value with just 20% of the investment, then what exactly is the business case for spending the other 80% to achieve that last 20% of value? We suspect the ratio is actually quite a bit steeper than 80:20 for most publishers.
  • Furthermore, just to get technical for a moment, XHTML is extensible in a fairly straightforward way, through the common “class” attribute on each element. Web developers have long leveraged this kind of extensibility in the elaboration of “microformats” for semantic-web applications.[10] There is no reason why publishers shouldn’t think to use XHTML’s simple extensibility in a similar way for their own ends.
  • XHTML, on the other hand, is supported by a vast array of quotidian software, starting with the ubiquitous Web browser. For this very reason, XHTML is in fact employed as a component part of several more specialized document types (ONIX and ePub among them).
  • Why re-invent a general-purpose prose representation when XHTML already does the job?
  • It is worth pausing for a moment to consider the role of XHTML in the ePub standard for ebook content. An ePub file is, anatomically, a simply disguised zip archive. Inside the zip archive are a few standard component parts: there are specialized files that declare metadata about the book, and about the format of the book. And then there is the book’s content, represented in XHTML. An ePub book is a Web page in a wrapper.
  • To sum up the general argument: the Web as it already exists presents incredible value to publishers, as a platform for doing XML content management with existing (and often free) tools, and without having to go blindly into the unknown. At this point, we can offer a few design guidelines: prefer existing and/or ubiquitous tools over specialized ones wherever possible; prefer free software over proprietary systems where possible; prefer simple tools controlled and coordinated by human beings over fully automated (and therefore complex) systems; play to our strengths: use Web software for storing and managing content, use layout software for layout, and keep editors and production people in charge of their own domains.
  • Putting the Pieces Together: A Prototype
  • At the SFU Master of Publishing Program, we have been chipping away at this general line of thinking for a few years. Over that time, Web content management systems have been getting more and more sophisticated, all the while getting more streamlined and easier to use. (NB: if you have a blog, you have a Web content management system.) The Web is beginning to be recognized as a writing and editing environment used by millions of people. And the ways in which content is represented, stored, and exchanged online have become increasingly robust and standardized.
  • The missing piece of the puzzle has been print production: how can we move content from its malleable, fluid form on line into the kind of high-quality print production environments we’ve come to expect after two decades of Desktop Publishing?
  • Anyone who has tried to print Web content knows that the existing methods leave much to be desired (hyphenation and justification, for starters). In the absence of decent tools for this, most publishers quite naturally think of producing the print content first, and then think about how to get material onto the Web for various purposes. So we tend to export from Word, or from Adobe, as something of an afterthought.
  • While this sort of works, it isn’t elegant, and it completely ignores the considerable advantages of Web-based content management.
  • Content managed online is stored in one central location, accessible simultaneously to everyone in your firm, available anywhere you have an Internet connection, and usually exists in a much more fluid format than Word files. If only we could manage the editorial flow online, and then go to print formats at the end, instead of the other way around. At SFU, we made several attempts to make this work by way of the supposed “XML import” capabilities of various Desktop Publishing tools, without much success.[12]
  • In the winter of 2009, Adobe solved this part of the problem for us with the introduction of its Creative Suite 4. What CS4 offers is the option of a complete XML representation of an InDesign document: what Adobe calls IDML (InDesign Markup Language).
  • The IDML file format is—like ePub—a simply disguised zip archive that, when unpacked, reveals a cluster of XML files that represent all the different facets of an InDesign document: layout spreads, master pages, defined styles, colours, and of course, the content.
  • IDML is a well thought-out XML standard that achieves two very different goals simultaneously: it preserves all of the information that InDesign needs to do what it does; and it is broken up in a way that makes it possible for mere mortals (or at least our Master of Publishing students) to work with it.
  • What this represented to us in concrete terms was the ability to take Web-based content and move it into InDesign in a straightforward way, thus bridging Web and print production environments using existing tools and skillsets, with a little added help from free software.
  • We would take clean XHTML content, transform it to IDML-marked content, and merge that with nicely designed templates in InDesign.
  • The result is an almost push-button publication workflow, which results in a nice, familiar InDesign document that fits straight into the way publishers actually do production.
  • Tracing the steps To begin with, we worked backwards, moving the book content back to clean XHTML.
  • The simplest method for this conversion—and if you want to create Web content, this is an excellent route—was to use Adobe’s “Export to Digital Editions” option, which creates an ePub file.
  • Recall that ePub is just XHTML in a wrapper, so within the ePub file was a relatively clean XHTML document. It was somewhat cleaner (that is, the XHTML tagging was simpler and less cluttered) than InDesign’s other Web-oriented exports, possibly because Digital Editions is a well understood target, compared with somebody’s website.
  • In order to achieve our target of clean XHTML, we needed to do some editing; the XHTML produced by InDesign’s “Digital Editions” export was presentation-oriented. For instance, bulleted list items were tagged as paragraphs, with a class attribute identifying them as list items. Using the search-and-replace function, we converted such structures to proper XHTML list and list-item elements. Our guiding principle was to make the XHTML as straightforward as possible, not dependent on any particular software to interpret it.
  • We broke the book’s content into individual chapter files; each chapter could then carry its own basic metadata, and the pages conveniently fit our Web content management system (which is actually just a wiki). We assembled a dynamically generated table of contents for the 12 chapters, and created a cover page. Essentially, the book was entirely Web-based at this point.
  • When the book chapters are viewed online, they are formatted via a CSS2 stylesheet that defines a main column for content as well as dedicating screen real estate for navigational elements. We then created a second template to render the content for exporting; this was essentially a bare-bones version of the book with no navigation and minimal styling. Pages (or even the entire book) can be exported (via the “Save As...” function in a Web browser) for use in either print production or ebook conversion. At this point, we required no skills beyond those of any decent Web designer.
  • Integrating with CS4 for Print Adobe’s IDML language defines elements specific to InDesign; there is nothing in the language that looks remotely like XHTML. So a mechanical transformation step is needed to convert the XHTML content into something InDesign can use. This is not as hard as it might seem.
  • Both XHTML and IDML are composed of straightforward, well-documented structures, and so transformation from one to the other is, as they say, “trivial.” We chose to use XSLT (Extensible Stylesheet Language Transforms) to do the work. XSLT is part of the overall XML specification, and thus is very well supported in a wide variety of tools. Our prototype used a scripting engine called xsltproc, a nearly ubiquitous piece of software that we found already installed as part of Mac OS X (contemporary Linux distributions also have this as a standard tool), though any XSLT processor would work.
  • In other words, we don’t need to buy InCopy, because we just replaced it with the Web. Our wiki is now plugged directly into our InDesign layout. It even automatically updates the InDesign document when the content changes. Credit is due at this point to Adobe: this integration is possible because of the open file format in the Creative Suite 4.
  • We wrote an XSLT transformation script[18] that converted the XHTML content from the Web into an InCopy ICML file. The script itself is less than 500 lines long, and was written and debugged over a period of about a week by amateurs (again, the people named at the start of this article). The script runs in a couple of seconds, and the resulting .icml file can then be “placed” directly into an InDesign template. The ICML file references an InDesign stylesheet, so the template file can be set up with a house-styled layout, master pages, and stylesheet definitions for paragraphs and character ranges.
  • The result is very simple and easy to use. Our demonstration requires that a production editor run the XSLT transformation script manually, but there is no reason why this couldn’t be built directly into the Web content management system so that exporting the content to print ran the transformation automatically. The resulting file would then be “placed” in InDesign and proofed.
  • It should be noted that the Book Publishing 1 proof-of-concept was artificially complex; we began with a book laid out in InDesign and ended up with a look-alike book laid out in InDesign. But next time—for instance, when we publish Book Publishing 2—we can begin the process with the content on the Web, and keep it there throughout the editorial process. The book’s content could potentially be written and edited entirely online, as Web content, and then automatically poured into an InDesign template at proof time. “Just in time,” as they say. This represents an entirely new way of thinking of book production. With a Web-first orientation, it makes little sense to think of the book as “in print” or “out of print”—the book is simply available, in the first place online; in the second place in derivative digital formats; and third, but really not much more difficult, in print-ready format, via the usual InDesign CS print production system publishers are already familiar with.
  • Creating Ebook Files Creating electronic versions from XHTML source is vastly simpler than trying to generate these out of the existing print process. The ePub version is extremely easy to generate; so is online marketing copy or excerpts for the Web, since the content begins life Web-native.
  • Since an ePub file is essentially XHTML content in a special wrapper, all that is required is that we properly “wrap” our XHTML content. Ideally, the content in an ePub file is broken into chapters (as ours was) and a table of contents file is generated in order to allow easy navigation within an ebook reader. We used Julian Smart’s free tool eCub[19] to simply and automatically generate the ePub wrapper and the table of contents. The only custom development we did was to create a CSS stylesheet for the ebook so that headings and paragraph indents looked the way we wanted. Starting with XHTML content, creating ePub is almost too easy.
  • Such a workflow—beginning with the Web and exporting to print—is surely more in line with the way we will do business in the 21st century, where the Web is the default platform for reaching audiences, developing content, and putting the pieces together. It is time, we suggest, for publishers to re-orient their operations and start with the Web.
  • Our project demonstrates that Web technologies are indeed good enough to use in an XML-oriented workflow; more specialized and expensive options are not necessarily required. For massive-scale enterprise publishing, this approach may not offer enough flexibility, and the challenge of adding and extracting extra semantic richness may prove more trouble than it's worth.
  • But for smaller firms who are looking at the straightforward benefits of XML-based processes—single source publishing, online content and workflow management, open and accessible archive formats, greater online discoverability—here is a way forward.
  • Rather than a public-facing website, our system relies on the Web as a content management platform—of course a public face could easily be added.
  • The final piece of our puzzle, the ability to integrate print production, was made possible by Adobe's release of InDesign with an open XML file format. Since the Web's XHTML is also XML, is can be easily and confidently transformed to the InDesign format.
  • today, we are able to put the process together using nothing but standard, relatively ubiquitous Web tools: the Web itself as an editing and content management environment, standard Web scripting tools for the conversion process, and the well-documented IDML file format to integrate the layout tool.
  • Using the Web as a Production Platform
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    I was looking for an answer to a problem Marbux had presented, and found this interesting article.  The issue was that of the upcoming conversion of the Note Case Pro (NCP) layout engine to the WebKit layout engine, and what to do about the NCP document format. My initial reaction was to encode the legacy NCP document format in XML, and run an XSLT to a universal pivot format like TEI-XML.  From there, the TEI-XML community would provide all the XSLT transformation routines for conversion to ODF, OOXML, XHTML, ePUB and HTML/CSS. Researching the problems one might encounter with this approach, I found this article.  Fascinating stuff. My take away is that TEI-XML would not be as effective a "universal pivot point" as XHTML.  Or perhaps, if NCP really wants to get aggressive; IDML - InDesign Markup Language. The important point though is that XHTML is a browser specific version of XML, and compatible with the Web Kit layout engine Miro wants to move NCP to. The concept of encoding an existing application-specific format in XML has been around since 1998, when XML was first introduced as a W3C standard, a "structured" subset of SGML. (HTML is also a subset of SGML). The multiplatform StarOffice productivity suite became "OpenOffice" when Sun purchased the company in 1998, and open sourced the code base. The OpenOffice developer team came out with a XML encoding of their existing document formats in 2000. The application specific encoding became an OASIS document format standard proposal in 2002 - also known as ODF. Microsoft followed OpenOffice with a XML encoding of their application-specific binary document formats, known as OOXML. Encoding the existing NCP format in XML, specifically targeting XHTML as a "universal pivot point", would put the NCP Outliner in the Web editor category, without breaking backwards compatibility. The trick is in the XSLT conversion process. But I think that is something much easier to handle then trying to
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    I was looking for an answer to a problem Marbux had presented, and found this interesting article.  The issue was that of the upcoming conversion of the Note Case Pro (NCP) layout engine to the WebKit layout engine, and what to do about the NCP document format. My initial reaction was to encode the legacy NCP document format in XML, and run an XSLT to a universal pivot format like TEI-XML.  From there, the TEI-XML community would provide all the XSLT transformation routines for conversion to ODF, OOXML, XHTML, ePUB and HTML/CSS. Researching the problems one might encounter with this approach, I found this article.  Fascinating stuff. My take away is that TEI-XML would not be as effective a "universal pivot point" as XHTML.  Or perhaps, if NCP really wants to get aggressive; IDML - InDesign Markup Language. The important point though is that XHTML is a browser specific version of XML, and compatible with the Web Kit layout engine Miro wants to move NCP to. The concept of encoding an existing application-specific format in XML has been around since 1998, when XML was first introduced as a W3C standard, a "structured" subset of SGML. (HTML is also a subset of SGML). The multiplatform StarOffice productivity suite became "OpenOffice" when Sun purchased the company in 1998, and open sourced the code base. The OpenOffice developer team came out with a XML encoding of their existing document formats in 2000. The application specific encoding became an OASIS document format standard proposal in 2002 - also known as ODF. Microsoft followed OpenOffice with a XML encoding of their application-specific binary document formats, known as OOXML. Encoding the existing NCP format in XML, specifically targeting XHTML as a "universal pivot point", would put the NCP Outliner in the Web editor category, without breaking backwards compatibility. The trick is in the XSLT conversion process. But I think that is something much easier to handle then trying to
Gonzalo San Gil, PhD.

No, Department of Justice, 80 Percent of Tor Traffic Is Not Child Porn | WIRED [# ! Via... - 0 views

  • The debate over online anonymity, and all the whistleblowers, trolls, anarchists, journalists and political dissidents it enables, is messy enough. It doesn’t need the US government making up bogus statistics about how much that anonymity facilitates child pornography.
  • he debate over online anonymity, and all the whistleblowers, trolls, anarchists, journalists and political dissidents it enables, is messy enough. It doesn’t need the US government making up bogus statistics about how much that anonymity facilitates child pornography. At the State of the Net conference in Washington on Tuesday, US assistant attorney general Leslie Caldwell discussed what she described as the dangers of encryption and cryptographic anonymity tools like Tor, and how those tools can hamper law enforcement. Her statements are the latest in a growing drumbeat of federal criticism of tech companies and software projects that provide privacy and anonymity at the expense of surveillance. And as an example of the grave risks presented by that privacy, she cited a study she said claimed an overwhelming majority of Tor’s anonymous traffic relates to pedophilia. “Tor obviously was created with good intentions, but it’s a huge problem for law enforcement,” Caldwell said in comments reported by Motherboard and confirmed to me by others who attended the conference. “We understand 80 percent of traffic on the Tor network involves child pornography.” That statistic is horrifying. It’s also baloney.
  • In a series of tweets that followed Caldwell’s statement, a Department of Justice flack said Caldwell was citing a University of Portsmouth study WIRED covered in December. He included a link to our story. But I made clear at the time that the study claimed 80 percent of traffic to Tor hidden services related to child pornography, not 80 percent of all Tor traffic. That is a huge, and important, distinction. The vast majority of Tor’s users run the free anonymity software while visiting conventional websites, using it to route their traffic through encrypted hops around the globe to avoid censorship and surveillance. But Tor also allows websites to run Tor, something known as a Tor hidden service. This collection of hidden sites, which comprise what’s often referred to as the “dark web,” use Tor to obscure the physical location of the servers that run them. Visits to those dark web sites account for only 1.5 percent of all Tor traffic, according to the software’s creators at the non-profit Tor Project. The University of Portsmouth study dealt exclusively with visits to hidden services. In contrast to Caldwell’s 80 percent claim, the Tor Project’s director Roger Dingledine pointed out last month that the study’s pedophilia findings refer to something closer to a single percent of Tor’s overall traffic.
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  • So to whoever at the Department of Justice is preparing these talking points for public consumption: Thanks for citing my story. Next time, please try reading it.
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    [# Via Paul Merrell's Diigo...] "That is a huge, and important, distinction. The vast majority of Tor's users run the free anonymity software while visiting conventional websites, using it to route their traffic through encrypted hops around the globe to avoid censorship and surveillance. But Tor also allows websites to run Tor, something known as a Tor hidden service. This collection of hidden sites, which comprise what's often referred to as the "dark web," use Tor to obscure the physical location of the servers that run them. Visits to those dark web sites account for only 1.5 percent of all Tor traffic, according to the software's creators at the non-profit Tor Project."
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    [# Via Paul Merrell's Diigo...] "That is a huge, and important, distinction. The vast majority of Tor's users run the free anonymity software while visiting conventional websites, using it to route their traffic through encrypted hops around the globe to avoid censorship and surveillance. But Tor also allows websites to run Tor, something known as a Tor hidden service. This collection of hidden sites, which comprise what's often referred to as the "dark web," use Tor to obscure the physical location of the servers that run them. Visits to those dark web sites account for only 1.5 percent of all Tor traffic, according to the software's creators at the non-profit Tor Project."
Gonzalo San Gil, PhD.

What is good reference management software on Linux - Xmodulo - 1 views

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    "Last updated on October 10, 2014 Authored by Adrien Brochard 3 Comments Have you ever written a paper so long that you thought you would never see the end of it? If so, you know that the worst part is not dedicating hours on it, but rather that once you are done, you still have to order and format your references into a structured convention-following bibliography."
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    "Last updated on October 10, 2014 Authored by Adrien Brochard 3 Comments Have you ever written a paper so long that you thought you would never see the end of it? If so, you know that the worst part is not dedicating hours on it, but rather that once you are done, you still have to order and format your references into a structured convention-following bibliography."
Gonzalo San Gil, PhD.

Guide to DRM-Free Living | Defective by Design - 0 views

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    "Welcome to the guide to living DRM-free. Please submit corrections and new items for the guide by adding it to the LibrePlanet wiki (you will need to register and login first) or emailing us at info@defectivebydesign.org. If you are involved with a DRM-free media project, we encourage you to use the DRM-free logo and link to this site. This guide lists any suppliers of digital media provide files free of DRM and do not require the use of proprietary software. Suppliers that have some DRM-free media or DRM-free options will be accepted if they differentiate between files which are DRM-free and those that are not. Certain suppliers may promote non-free software, but we will include warnings and instructions on how to avoid the software. Y"
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    "Welcome to the guide to living DRM-free. Please submit corrections and new items for the guide by adding it to the LibrePlanet wiki (you will need to register and login first) or emailing us at info@defectivebydesign.org. If you are involved with a DRM-free media project, we encourage you to use the DRM-free logo and link to this site. This guide lists any suppliers of digital media provide files free of DRM and do not require the use of proprietary software. Suppliers that have some DRM-free media or DRM-free options will be accepted if they differentiate between files which are DRM-free and those that are not. Certain suppliers may promote non-free software, but we will include warnings and instructions on how to avoid the software. Y"
Paul Merrell

Long-Secret Stingray Manuals Detail How Police Can Spy on Phones - 0 views

  • Harris Corp.’s Stingray surveillance device has been one of the most closely guarded secrets in law enforcement for more than 15 years. The company and its police clients across the United States have fought to keep information about the mobile phone-monitoring boxes from the public against which they are used. The Intercept has obtained several Harris instruction manuals spanning roughly 200 pages and meticulously detailing how to create a cellular surveillance dragnet. Harris has fought to keep its surveillance equipment, which carries price tags in the low six figures, hidden from both privacy activists and the general public, arguing that information about the gear could help criminals. Accordingly, an older Stingray manual released under the Freedom of Information Act to news website TheBlot.com last year was almost completely redacted. So too have law enforcement agencies at every level, across the country, evaded almost all attempts to learn how and why these extremely powerful tools are being used — though court battles have made it clear Stingrays are often deployed without any warrant. The San Bernardino Sheriff’s Department alone has snooped via Stingray, sans warrant, over 300 times.
  • The documents described and linked below, instruction manuals for the software used by Stingray operators, were provided to The Intercept as part of a larger cache believed to have originated with the Florida Department of Law Enforcement. Two of them contain a “distribution warning” saying they contain “Proprietary Information and the release of this document and the information contained herein is prohibited to the fullest extent allowable by law.”  Although “Stingray” has become a catch-all name for devices of its kind, often referred to as “IMSI catchers,” the manuals include instructions for a range of other Harris surveillance boxes, including the Hailstorm, ArrowHead, AmberJack, and KingFish. They make clear the capability of those devices and the Stingray II to spy on cellphones by, at minimum, tracking their connection to the simulated tower, information about their location, and certain “over the air” electronic messages sent to and from them. Wessler added that parts of the manuals make specific reference to permanently storing this data, something that American law enforcement has denied doing in the past.
  • One piece of Windows software used to control Harris’s spy boxes, software that appears to be sold under the name “Gemini,” allows police to track phones across 2G, 3G, and LTE networks. Another Harris app, “iDen Controller,” provides a litany of fine-grained options for tracking phones. A law enforcement agent using these pieces of software along with Harris hardware could not only track a large number of phones as they moved throughout a city but could also apply nicknames to certain phones to keep track of them in the future. The manual describing how to operate iDEN, the lengthiest document of the four at 156 pages, uses an example of a target (called a “subscriber”) tagged alternately as Green Boy and Green Ben:
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  • In order to maintain an uninterrupted connection to a target’s phone, the Harris software also offers the option of intentionally degrading (or “redirecting”) someone’s phone onto an inferior network, for example, knocking a connection from LTE to 2G:
  • A video of the Gemini software installed on a personal computer, obtained by The Intercept and embedded below, provides not only an extensive demonstration of the app but also underlines how accessible the mass surveillance code can be: Installing a complete warrantless surveillance suite is no more complicated than installing Skype. Indeed, software such as Photoshop or Microsoft Office, which require a registration key or some other proof of ownership, are more strictly controlled by their makers than software designed for cellular interception.
Gary Edwards

Readium at the London Book Fair 2014: Open Source for an Open Publishing Ecosystem: Rea... - 0 views

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    excerpt/intro: Last month marked the one-year anniversary of the formation of the Readium Foundation (Readium.org), an independent nonprofit launched in March 2013 with the objective of developing commercial-grade open source publishing technology software. The overall goal of Readium.org is to accelerate adoption of ePub 3, HTML5, and the Open Web Platform by the digital publishing industry to help realize the full potential of open-standards-based interoperability. More specifically, the aim is to raise the bar for ePub 3 support across the industry so that ePub maintains its position as the standard distribution format for e-books and expands its reach to include other types of digital publications. In its first year, the Readium consortium added 15 organizations to its membership, including Adobe, Google, IBM, Ingram, KERIS (S. Korea Education Ministry), and the New York Public Library. The membership now boasts publishers, retailers, distributors and technology companies from around the world, including organizations based in France, Germany, Norway, U.S., Canada, China, Korea, and Japan. In addition, in February 2014 the first Readium.org board was elected by the membership and the first three projects being developed by members and other contributors are all nearing "1.0" status. The first project, Readium SDK, is a rendering "engine" enabling native apps to support ePub 3. Readium SDK is available on four platforms-Android, iOS, OS/X, and Windows- and the first product incorporating Readium SDK (by ACCESS Japan) was announced last October. Readium SDK is designed to be DRM-agnostic, and vendors Adobe and Sony have publicized plans to integrate their respective DRM solutions with Readium SDK. A second effort, Readium JS, is a pure JavaScript ePub 3 implementation, with configurations now available for cloud based deployment of ePub files, as well as Readium for Chrome, the successor to the original Readium Chrome extension developed by IDPF as the
  •  
    excerpt/intro: Last month marked the one-year anniversary of the formation of the Readium Foundation (Readium.org), an independent nonprofit launched in March 2013 with the objective of developing commercial-grade open source publishing technology software. The overall goal of Readium.org is to accelerate adoption of ePub 3, HTML5, and the Open Web Platform by the digital publishing industry to help realize the full potential of open-standards-based interoperability. More specifically, the aim is to raise the bar for ePub 3 support across the industry so that ePub maintains its position as the standard distribution format for e-books and expands its reach to include other types of digital publications. In its first year, the Readium consortium added 15 organizations to its membership, including Adobe, Google, IBM, Ingram, KERIS (S. Korea Education Ministry), and the New York Public Library. The membership now boasts publishers, retailers, distributors and technology companies from around the world, including organizations based in France, Germany, Norway, U.S., Canada, China, Korea, and Japan. In addition, in February 2014 the first Readium.org board was elected by the membership and the first three projects being developed by members and other contributors are all nearing "1.0" status. The first project, Readium SDK, is a rendering "engine" enabling native apps to support ePub 3. Readium SDK is available on four platforms-Android, iOS, OS/X, and Windows- and the first product incorporating Readium SDK (by ACCESS Japan) was announced last October. Readium SDK is designed to be DRM-agnostic, and vendors Adobe and Sony have publicized plans to integrate their respective DRM solutions with Readium SDK. A second effort, Readium JS, is a pure JavaScript ePub 3 implementation, with configurations now available for cloud based deployment of ePub files, as well as Readium for Chrome, the successor to the original Readium Chrome extension developed by IDPF as the
Gonzalo San Gil, PhD.

Free Culture in Relation to Software Freedom - P2P Foundation - 1 views

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    "Essay by Mike Linksvayer. Chapter 2 of the book Free Beer. The article is licensed under Creative Commons BY-SA 2.5 [1] Contents 1 Text 1.1 1. Obvious Software, Ubiquitous Culture 1.2 2. Freedom 1.3 3. Relative Progress of Free Software and Free Culture 1.4 4. How Free Can We Be? 2 References"
Paul Merrell

Microsoft breaks IE8 interoperability promise | The Register - 0 views

  • In March, Microsoft announced that their upcoming Internet Explorer 8 would: "use its most standards compliant mode, IE8 Standards, as the default." Note the last word: default. Microsoft argued that, in light of their newly published interoperability principles, it was the right thing to do. This declaration heralded an about-face and was widely praised by the web standards community; people were stunned and delighted by Microsoft's promise. This week, the promise was broken. It lasted less than six months. Now that Internet Explorer IE8 beta 2 is released, we know that many, if not most, pages viewed in IE8 will not be shown in standards mode by default.
  • How many pages are affected by this change? Here's the back of my envelope: The PC market can be split into two segments — the enterprise market and the home market. The enterprise market accounts for around 60 per cent of all PCs sold, while the home market accounts for the remaining 40 per cent. Within enterprises, intranets are used for all sorts of things and account for, perhaps, 80 per cent of all page views. Thus, intranets account for about half of all page views on PCs!
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    Article by Hakon Lie of Opera Software. Also note that acdcording to the European Commission, "As for the tying of separate software products, in its Microsoft judgment of 17 September 2007, the Court of First Instance confirmed the principles that must be respected by dominant companies. In a complaint by Opera, a competing browser vendor, Microsoft is alleged to have engaged in illegal tying of its Internet Explorer product to its dominant Windows operating system. The complaint alleges that there is ongoing competitive harm from Microsoft's practices, in particular in view of new proprietary technologies that Microsoft has allegedly introduced in its browser that would reduce compatibility with open internet standards, and therefore hinder competition. In addition, allegations of tying of other separate software products by Microsoft, including desktop search and Windows Live have been brought to the Commission's attention. The Commission's investigation will therefore focus on allegations that a range of products have been unlawfully tied to sales of Microsoft's dominant operating system." http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/19&format=HTML&aged=0&language=EN&guiLanguage=en
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

  • MEMO/09/15 Brussels, 17th January 2009
  • The European Commission can confirm that it has sent a Statement of Objections (SO) to Microsoft on 15th January 2009. The SO outlines the Commission’s preliminary view that Microsoft’s tying of its web browser Internet Explorer to its dominant client PC operating system Windows infringes the EC Treaty rules on abuse of a dominant position (Article 82).
  • In the SO, the Commission sets out evidence and outlines its preliminary conclusion that Microsoft’s tying of Internet Explorer to the Windows operating system harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice. The SO is based on the legal and economic principles established in the judgment of the Court of First Instance of 17 September 2007 (case T-201/04), in which the Court of First Instance upheld the Commission's decision of March 2004 (see IP/04/382), finding that Microsoft had abused its dominant position in the PC operating system market by tying Windows Media Player to its Windows PC operating system (see MEMO/07/359).
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  • The evidence gathered during the investigation leads the Commission to believe that the tying of Internet Explorer with Windows, which makes Internet Explorer available on 90% of the world's PCs, distorts competition on the merits between competing web browsers insofar as it provides Internet Explorer with an artificial distribution advantage which other web browsers are unable to match. The Commission is concerned that through the tying, Microsoft shields Internet Explorer from head to head competition with other browsers which is detrimental to the pace of product innovation and to the quality of products which consumers ultimately obtain. In addition, the Commission is concerned that the ubiquity of Internet Explorer creates artificial incentives for content providers and software developers to design websites or software primarily for Internet Explorer which ultimately risks undermining competition and innovation in the provision of services to consumers.
  • Microsoft has 8 weeks to reply the SO, and will then have the right to be heard in an Oral Hearing should it wish to do so. If the preliminary views expressed in the SO are confirmed, the Commission may impose a fine on Microsoft, require Microsoft to cease the abuse and impose a remedy that would restore genuine consumer choice and enable competition on the merits.
  • A Statement of Objections is a formal step in Commission antitrust investigations in which the Commission informs the parties concerned in writing of the objections raised against them. The addressee of a Statement of Objections can reply in writing to the Statement of Objections, setting out all facts known to it which are relevant to its defence against the objections raised by the Commission. The party may also request an oral hearing to present its comments on the case. The Commission may then take a decision on whether conduct addressed in the Statement of Objections is compatible or not with the EC Treaty’s antitrust rules. Sending a Statement of Objections does not prejudge the final outcome of the procedure. In the March 2004 Decision the Commission ordered Microsoft to offer to PC manufacturers a version of its Windows client PC operating system without Windows Media Player. Microsoft, however, retained the right to also offer a version with Windows Media Player (see IP/04/382).
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    It's official, hot off the presses (wasn't there a few minutes ago). We're now into a process where DG Competition will revisit its previous order requiring Microsoft to market two versions of Windows, one with Media Player and one without. DG Competition staff were considerably outraged that Microsoft took advantage of a bit of under-specification in the previous order and sold the two versions at the same price. That detail will not be neglected this time around. Moreover, given the ineffectiveness of the previous order in restoring competition among media players, don't be surprised if this results in an outright ban on bundling MSIE with Windows.
Paul Merrell

Hacking Team Asks Customers to Stop Using Its Software After Hack | Motherboard - 1 views

  • But the hack hasn’t just ruined the day for Hacking Team’s employees. The company, which sells surveillance software to government customers all over the world, from Morocco and Ethiopia to the US Drug Enforcement Agency and the FBI, has told all its customers to shut down all operations and suspend all use of the company’s spyware, Motherboard has learned. “They’re in full on emergency mode,” a source who has inside knowledge of Hacking Team’s operations told Motherboard.
  • A source told Motherboard that the hackers appears to have gotten “everything,” likely more than what the hacker has posted online, perhaps more than one terabyte of data. “The hacker seems to have downloaded everything that there was in the company’s servers,” the source, who could only speak on condition of anonymity, told Motherboard. “There’s pretty much everything here.” It’s unclear how the hackers got their hands on the stash, but judging from the leaked files, they broke into the computers of Hacking Team’s two systems administrators, Christian Pozzi and Mauro Romeo, who had access to all the company’s files, according to the source. “I did not expect a breach to be this big, but I’m not surprised they got hacked because they don’t take security seriously,” the source told me. “You can see in the files how much they royally fucked up.”
  • Hacking Team notified all its customers on Monday morning with a “blast email,” requesting them to shut down all deployments of its Remote Control System software, also known as Galileo, according to multiple sources. The company also doesn’t have access to its email system as of Monday afternoon, a source said. On Sunday night, an unnamed hacker, who claimed to be the same person who breached Hacking Team’s competitor FinFisher last year, hijacked its Twitter account and posted links to 400GB of internal data. Hacking Team woke up to a massive breach of its systems.
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  • For example, the source noted, none of the sensitive files in the data dump, from employees passports to list of customers, appear to be encrypted. “How can you give all the keys to your infrastructure to a 20-something who just joined the company?” he added, referring to Pozzi, whose LinkedIn shows he’s been at Hacking Team for just over a year. “Nobody noticed that someone stole a terabyte of data? You gotta be a fuckwad,” the source said. “It means nobody was taking care of security.”
  • The future of the company, at this point, it’s uncertain. Employees fear this might be the beginning of the end, according to sources. One current employee, for example, started working on his resume, a source told Motherboard. It’s also unclear how customers will react to this, but a source said that it’s likely that customers from countries such as the US will pull the plug on their contracts. Hacking Team asked its customers to shut down operations, but according to one of the leaked files, as part of Hacking Team’s “crisis procedure,” it could have killed their operations remotely. The company, in fact, has “a backdoor” into every customer’s software, giving it ability to suspend it or shut it down—something that even customers aren’t told about. To make matters worse, every copy of Hacking Team’s Galileo software is watermarked, according to the source, which means Hacking Team, and now everyone with access to this data dump, can find out who operates it and who they’re targeting with it.
Gonzalo San Gil, PhD.

Libreboot project - 0 views

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    "ibreboot is a coreboot distribution (distro) with proprietary software removed, intended to be a free (libre) 'BIOS' replacement for your computer. The project is aimed at users, attempting to make coreboot as easy to use as possible. Learn more about libreboot. 'Free' in this sense refers to freedom (liberty); read the full Free Software definition. "
Paul Merrell

Microsoft Pitches Technology That Can Read Facial Expressions at Political Rallies - 1 views

  • On the 21st floor of a high-rise hotel in Cleveland, in a room full of political operatives, Microsoft’s Research Division was advertising a technology that could read each facial expression in a massive crowd, analyze the emotions, and report back in real time. “You could use this at a Trump rally,” a sales representative told me. At both the Republican and Democratic conventions, Microsoft sponsored event spaces for the news outlet Politico. Politico, in turn, hosted a series of Microsoft-sponsored discussions about the use of data technology in political campaigns. And throughout Politico’s spaces in both Philadelphia and Cleveland, Microsoft advertised an array of products from “Microsoft Cognitive Services,” its artificial intelligence and cloud computing division. At one exhibit, titled “Realtime Crowd Insights,” a small camera scanned the room, while a monitor displayed the captured image. Every five seconds, a new image would appear with data annotated for each face — an assigned serial number, gender, estimated age, and any emotions detected in the facial expression. When I approached, the machine labeled me “b2ff” and correctly identified me as a 23-year-old male.
  • “Realtime Crowd Insights” is an Application Programming Interface (API), or a software tool that connects web applications to Microsoft’s cloud computing services. Through Microsoft’s emotional analysis API — a component of Realtime Crowd Insights — applications send an image to Microsoft’s servers. Microsoft’s servers then analyze the faces and return emotional profiles for each one. In a November blog post, Microsoft said that the emotional analysis could detect “anger, contempt, fear, disgust, happiness, neutral, sadness or surprise.” Microsoft’s sales representatives told me that political campaigns could use the technology to measure the emotional impact of different talking points — and political scientists could use it to study crowd response at rallies.
  • Facial recognition technology — the identification of faces by name — is already widely used in secret by law enforcement, sports stadiums, retail stores, and even churches, despite being of questionable legality. As early as 2002, facial recognition technology was used at the Super Bowl to cross-reference the 100,000 attendees to a database of the faces of known criminals. The technology is controversial enough that in 2013, Google tried to ban the use of facial recognition apps in its Google glass system. But “Realtime Crowd Insights” is not true facial recognition — it could not identify me by name, only as “b2ff.” It did, however, store enough data on each face that it could continuously identify it with the same serial number, even hours later. The display demonstrated that capability by distinguishing between the number of total faces it had seen, and the number of unique serial numbers. Photo: Alex Emmons
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  • Instead, “Realtime Crowd Insights” is an example of facial characterization technology — where computers analyze faces without necessarily identifying them. Facial characterization has many positive applications — it has been tested in the classroom, as a tool for spotting struggling students, and Microsoft has boasted that the tool will even help blind people read the faces around them. But facial characterization can also be used to assemble and store large profiles of information on individuals, even anonymously.
  • Alvaro Bedoya, a professor at Georgetown Law School and expert on privacy and facial recognition, has hailed that code of conduct as evidence that Microsoft is trying to do the right thing. But he pointed out that it leaves a number of questions unanswered — as illustrated in Cleveland and Philadelphia. “It’s interesting that the app being shown at the convention ‘remembered’ the faces of the people who walked by. That would seem to suggest that their faces were being stored and processed without the consent that Microsoft’s policy requires,” Bedoya said. “You have to wonder: What happened to the face templates of the people who walked by that booth? Were they deleted? Or are they still in the system?” Microsoft officials declined to comment on exactly what information is collected on each face and what data is retained or stored, instead referring me to their privacy policy, which does not address the question. Bedoya also pointed out that Microsoft’s marketing did not seem to match the consent policy. “It’s difficult to envision how companies will obtain consent from people in large crowds or rallies.”
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    But nobody is saying that the output of this technology can't be combined with the output of facial recognition technology to let them monitor you individually AND track your emotions. Fortunately, others are fighting back with knowledge and tech to block facial recognition. http://goo.gl/JMQM2W
Paul Merrell

XHTML Modularization 1.1 Released as W3C Recommendation - 0 views

  • XHTML Modularization is a decomposition of XHTML 1.0, and by reference HTML 4, into a collection of abstract modules that provide specific types of functionality.
  • The modularization of XHTML refers to the task of specifying well-defined sets of XHTML elements that can be combined and extended by document authors, document type architects, other XML standards specifications, and application and product designers to make it economically feasible for content developers to deliver content on a greater number and diversity of platforms. Over the last couple of years, many specialized markets have begun looking to HTML as a content language. There is a great movement toward using HTML across increasingly diverse computing platforms. Currently there is activity to move HTML onto mobile devices (hand held computers, portable phones, etc.), television devices (digital televisions, TV-based Web browsers, etc.), and appliances (fixed function devices). Each of these devices has different requirements and constraints.
  • XHTML Modularization is a decomposition of XHTML 1.0, and by reference HTML 4, into a collection of abstract modules that provide specific types of functionality. These abstract modules are implemented in this specification using the XML Schema and XML Document Type Definition languages. The rules for defining the abstract modules, and for implementing them using XML Schemas and XML DTDs, are also defined in this document. These modules may be combined with each other and with other modules to create XHTML subset and extension document types that qualify as members of the XHTML-family of document types.
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  • Modularizing XHTML provides a means for product designers to specify which elements are supported by a device using standard building blocks and standard methods for specifying which building blocks are used. These modules serve as "points of conformance" for the content community. The content community can now target the installed base that supports a certain collection of modules, rather than worry about the installed base that supports this or that permutation of XHTML elements. The use of standards is critical for modularized XHTML to be successful on a large scale. It is not economically feasible for content developers to tailor content to each and every permutation of XHTML elements. By specifying a standard, either software processes can autonomously tailor content to a device, or the device can automatically load the software required to process a module. Modularization also allows for the extension of XHTML's layout and presentation capabilities, using the extensibility of XML, without breaking the XHTML standard. This development path provides a stable, useful, and implementable framework for content developers and publishers to manage the rapid pace of technological change on the Web.
Gary Edwards

Two Microsofts: Mulling an alternate reality | ZDNet - 1 views

  • Judge Jackson had it right. And the Court of Appeals? Not so much
  • Judge Jackson is an American hero and news of his passing thumped me hard. His ruling against Microsoft and the subsequent overturn of that ruling resulted, IMHO, in two extraordinary directions that changed the world. Sure the what-if game is interesting, but the reality itself is stunning enough. Of course, Judge Jackson sought to break the monopoly. The US Court of Appeals overturn resulted in the monopoly remaining intact, but the Internet remaining free and open. Judge Jackson's breakup plan had a good shot at achieving both a breakup of the monopoly and, a free and open Internet. I admit though that at the time I did not favor the Judge's plan. And i actually did submit a proposal based on Microsoft having to both support the WiNE project, and, provide a complete port to WiNE to any software provider requesting a port. I wanted to break the monopolist's hold on the Windows Productivity Environment and the hundreds of millions of investment dollars and time that had been spent on application development forever trapped on that platform. For me, it was the productivity platform that had to be broken.
  • I assume the good Judge thought that separating the Windows OS from Microsoft Office / Applications would force the OS to open up the secret API's even as the OS continued to evolve. Maybe. But a full disclosure of the API's coupled with the community service "port to WiNE" requirement might have sped up the process. Incredibly, the "Undocumented Windows Secrets" industry continues to thrive, and the legendary Andrew Schulman's number is still at the top of Silicon Valley legal profession speed dials. http://goo.gl/0UGe8 Oh well. The Court of Appeals stopped the breakup, leaving the Windows Productivity Platform intact. Microsoft continues to own the "client" in "Client/Server" computing. Although Microsoft was temporarily stopped from leveraging their desktop monopoly to an iron fisted control and dominance of the Internet, I think what were watching today with the Cloud is Judge Jackson's worst nightmare. And mine too. A great transition is now underway, as businesses and enterprises begin the move from legacy client/server business systems and processes to a newly emerging Cloud Productivity Platform. In this great transition, Microsoft holds an inside straight. They have all the aces because they own the legacy desktop productivity platform, and can control the transition to the Cloud. No doubt this transition is going to happen. And it will severely disrupt and change Microsoft's profit formula. But if the Redmond reprobate can provide a "value added" transition of legacy business systems and processes, and direct these new systems to the Microsoft Cloud, the profits will be immense.
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  • Judge Jackson sought to break the ability of Microsoft to "leverage" their existing monopoly into the Internet and his plan was overturned and replaced by one based on judicial oversight. Microsoft got a slap on the wrist from the Court of Appeals, but were wailed on with lawsuits from the hundreds of parties injured by their rampant criminality. Some put the price of that criminality as high as $14 Billion in settlements. Plus, the shareholders forced Chairman Bill to resign. At the end of the day though, Chairman Bill was right. Keeping the monopoly intact was worth whatever penalty Microsoft was forced to pay. He knew that even the judicial over-site would end one day. Which it did. And now his company is ready to go for it all by leveraging and controlling the great productivity transition. No business wants to be hostage to a cold heart'd monopolist. But there is huge difference between a non-disruptive and cost effective, process-by-process value-added transition to a Cloud Productivity Platform, and, the very disruptive and costly "rip-out-and-replace" transition offered by Google, ZOHO, Box, SalesForce and other Cloud Productivity contenders. Microsoft, and only Microsoft, can offer the value-added transition path. If they get the Cloud even halfway right, they will own business productivity far into the future. Rest in Peace Judge Jackson. Your efforts were heroic and will be remembered as such. ~ge~
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    Comments on the latest SVN article mulling the effects of Judge Thomas Penfield Jackson's anti trust ruling and proposed break up of Microsoft. comment: "Chinese Wall" Ummm, there was a Chinese Wall between Microsoft Os and the MS Applciations layer. At least that's what Chairman Bill promised developers at a 1990 OS/2-Windows Conference I attended. It was a developers luncheon, hosted by Microsoft, with Chairman Bill speaking to about 40 developers with applications designed to run on the then soon to be released Windows 3.0. In his remarks, the Chairman described his vision of commoditizing the personal computer market through an open hardware-reference platform on the one side of the Windows OS, and provisioning an open application developers layer on the other using open and totally transparent API's. Of course the question came up concerning the obvious advantage Microsoft applications would have. Chairman Bill answered the question by describing the Chinese Wall that existed between Microsoft's OS and Apps develop departments. He promised that OS API's would be developed privately and separate from the Apps department, and publicly disclosed to ALL developers at the same time. Oh yeah. There was lots of anti IBM - evil empire stuff too :) Of course we now know this was a line of crap. Microsoft Apps was discovered to have been using undocumented and secret Window API's. http://goo.gl/0UGe8. Microsoft Apps had a distinct advantage over the competition, and eventually the entire Windows Productivity Platform became dependent on the MSOffice core. The company I worked for back then, Pyramid Data, had the first Contact Management application for Windows; PowerLeads. Every Friday night we would release bug fixes and improvements using Wildcat BBS. By Monday morning we would be slammed with calls from users complaining that they had downloaded the Friday night patch, and now some other application would not load or function properly. Eventually we tracked th
Gonzalo San Gil, PhD.

Sony BMG copy protection rootkit scandal - Wikipedia, the free encyclopedia - 0 views

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    "The Sony BMG CD copy protection rootkit scandal of 2005-2007 concerns deceptive, illegal, and potentially harmful copy protection measures implemented by Sony BMG on about 22 million CDs. When inserted into a computer, the CDs installed one of two pieces of software which provided a form of digital rights management (DRM) by modifying the operating system to interfere with CD copying. " [Source: arstechnica.com # ! … coming from one of the main #Malware #distributors… # ! :D [# Just one Reference: http://en.wikipedia.org/wiki/Sony_BMG_copy_protection_rootkit_scandal] See on Scoop.it - The Benefits of Sharing]
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    "The Sony BMG CD copy protection rootkit scandal of 2005-2007 concerns deceptive, illegal, and potentially harmful copy protection measures implemented by Sony BMG on about 22 million CDs. When inserted into a computer, the CDs installed one of two pieces of software which provided a form of digital rights management (DRM) by modifying the operating system to interfere with CD copying. "
Paul Merrell

Internet Giants Erect Barriers to Spy Agencies - NYTimes.com - 0 views

  • As fast as it can, Google is sealing up cracks in its systems that Edward J. Snowden revealed the N.S.A. had brilliantly exploited. It is encrypting more data as it moves among its servers and helping customers encode their own emails. Facebook, Microsoft and Yahoo are taking similar steps.
  • After years of cooperating with the government, the immediate goal now is to thwart Washington — as well as Beijing and Moscow. The strategy is also intended to preserve business overseas in places like Brazil and Germany that have threatened to entrust data only to local providers. Google, for example, is laying its own fiber optic cable under the world’s oceans, a project that began as an effort to cut costs and extend its influence, but now has an added purpose: to assure that the company will have more control over the movement of its customer data.
  • A year after Mr. Snowden’s revelations, the era of quiet cooperation is over. Telecommunications companies say they are denying requests to volunteer data not covered by existing law. A.T.&T., Verizon and others say that compared with a year ago, they are far more reluctant to cooperate with the United States government in “gray areas” where there is no explicit requirement for a legal warrant.
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  • Eric Grosse, Google’s security chief, suggested in an interview that the N.S.A.'s own behavior invited the new arms race.“I am willing to help on the purely defensive side of things,” he said, referring to Washington’s efforts to enlist Silicon Valley in cybersecurity efforts. “But signals intercept is totally off the table,” he said, referring to national intelligence gathering.“No hard feelings, but my job is to make their job hard,” he added.
  • In Washington, officials acknowledge that covert programs are now far harder to execute because American technology companies, fearful of losing international business, are hardening their networks and saying no to requests for the kind of help they once quietly provided.Continue reading the main story Robert S. Litt, the general counsel of the Office of the Director of National Intelligence, which oversees all 17 American spy agencies, said on Wednesday that it was “an unquestionable loss for our nation that companies are losing the willingness to cooperate legally and voluntarily” with American spy agencies.
  • Many point to an episode in 2012, when Russian security researchers uncovered a state espionage tool, Flame, on Iranian computers. Flame, like the Stuxnet worm, is believed to have been produced at least in part by American intelligence agencies. It was created by exploiting a previously unknown flaw in Microsoft’s operating systems. Companies argue that others could have later taken advantage of this defect.Worried that such an episode undercuts confidence in its wares, Microsoft is now fully encrypting all its products, including Hotmail and Outlook.com, by the end of this year with 2,048-bit encryption, a stronger protection that would take a government far longer to crack. The software is protected by encryption both when it is in data centers and when data is being sent over the Internet, said Bradford L. Smith, the company’s general counsel.
  • Mr. Smith also said the company was setting up “transparency centers” abroad so that technical experts of foreign governments could come in and inspect Microsoft’s proprietary source code. That will allow foreign governments to check to make sure there are no “back doors” that would permit snooping by United States intelligence agencies. The first such center is being set up in Brussels.Microsoft has also pushed back harder in court. In a Seattle case, the government issued a “national security letter” to compel Microsoft to turn over data about a customer, along with a gag order to prevent Microsoft from telling the customer it had been compelled to provide its communications to government officials. Microsoft challenged the gag order as violating the First Amendment. The government backed down.
  • Hardware firms like Cisco, which makes routers and switches, have found their products a frequent subject of Mr. Snowden’s disclosures, and their business has declined steadily in places like Asia, Brazil and Europe over the last year. The company is still struggling to convince foreign customers that their networks are safe from hackers — and free of “back doors” installed by the N.S.A. The frustration, companies here say, is that it is nearly impossible to prove that their systems are N.S.A.-proof.
  • In one slide from the disclosures, N.S.A. analysts pointed to a sweet spot inside Google’s data centers, where they could catch traffic in unencrypted form. Next to a quickly drawn smiley face, an N.S.A. analyst, referring to an acronym for a common layer of protection, had noted, “SSL added and removed here!”
  • Facebook and Yahoo have also been encrypting traffic among their internal servers. And Facebook, Google and Microsoft have been moving to more strongly encrypt consumer traffic with so-called Perfect Forward Secrecy, specifically devised to make it more labor intensive for the N.S.A. or anyone to read stored encrypted communications.One of the biggest indirect consequences from the Snowden revelations, technology executives say, has been the surge in demands from foreign governments that saw what kind of access to user information the N.S.A. received — voluntarily or surreptitiously. Now they want the same.
  • The latest move in the war between intelligence agencies and technology companies arrived this week, in the form of a new Google encryption tool. The company released a user-friendly, email encryption method to replace the clunky and often mistake-prone encryption schemes the N.S.A. has readily exploited.But the best part of the tool was buried in Google’s code, which included a jab at the N.S.A.'s smiley-face slide. The code included the phrase: “ssl-added-and-removed-here-; - )”
Paul Merrell

BitTorrent Sync creates private, peer-to-peer Dropbox, no cloud required | Ars Technica - 6 views

  • BitTorrent today released folder syncing software that replicates files across multiple computers using the same peer-to-peer file sharing technology that powers BitTorrent clients. The free BitTorrent Sync application is labeled as being in the alpha stage, so it's not necessarily ready for prime-time, but it is publicly available for download and working as advertised on my home network. BitTorrent, Inc. (yes, there is a legitimate company behind BitTorrent) took to its blog to announce the move from a pre-alpha, private program to the publicly available alpha. Additions since the private alpha include one-way synchronization, one-time secrets for sharing files with a friend or colleague, and the ability to exclude specific files and directories.
  • BitTorrent Sync provides "unlimited, secure file-syncing," the company said. "You can use it for remote backup. Or, you can use it to transfer large folders of personal media between users and machines; editors and collaborators. It’s simple. It’s free. It’s the awesome power of P2P, applied to file-syncing." File transfers are encrypted, with private information never being stored on an external server or in the "cloud." "Since Sync is based on P2P and doesn’t require a pit-stop in the cloud, you can transfer files at the maximum speed supported by your network," BitTorrent said. "BitTorrent Sync is specifically designed to handle large files, so you can sync original, high quality, uncompressed files."
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    Direct P2P encrypted file syncing, no cloud intermediate, which should translate to far more secure exchange of files, with less opportunity for snooping by governments or others, than with cloud-based services. 
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    Hey Paul, is there an open source document management system that I could hook the BitTorrent Sync to?
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    More detail please. What do you want to do with the doc management system? Platform? Server-side or stand-alone? Industrial strength and highly configurable or lightweight and simple? What do you mean by "hook?" Not that I would be able to answer anyway. I really know very little about BitTorrent Sync. In fact, as far as I'd gone before your question was to look at the FAQ. It's linked from . But there's a link to a forum on the same page. Giving the first page a quick scan confirms that this really is alpha-state software. But that would probably be a better place to ask. (Just give them more specific information of what you'd like to do.) There are other projects out there working on getting around the surveillance problem. I2P is one that is a farther along than BitTorrent Sync and quite a bit more flexible. See . (But I haven't used it, so caveat emptor.)
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    There is a great list of PRISM Proof software at http://prism-break.org/. Includes a link to I2P. I want to replace gmail though, but would like another Web based system since I need multi device access. Of course, I need to replace my Google Apps / Google Docs system. That's why I asked about a PRISM Proof sync-share-store DMS. My guess is that there are many users similarly seeking a PRISM Proof platform of communications, content and collaborative computing systems. BusinessIndiser.com is crushed with articles about Google struggling to squirm out from under the NSA PRISM boot-on-the-back-of-their-neck situation. As if blaming the NSA makes up for the dragnet that they consented/allowed/conceded to cover their entire platform. Perhaps we should be watching Germany? There must be tons of startup operations underway, all seeking to replace Google, Amazon, FaceBook, Microsoft, Skype and so many others. It's a great day for Libertyware :)
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    Is the NSA involvement the "Kiss of Death"? Google seems to think so. I'm wondering what the impact would be if ZOHO were to announce a PRISM Proof productivity platform?
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    It is indeed. The E.U. has far more protective digital privacy rights than we do (none). If you're looking for a Dropbox replacement (you should be), for a cloud-based solution take a look at . Unlike Dropbox, all of the encryption/decryption happens on your local machine; Wuala never sees your files unencrypted. Dropbox folks have admitted that there's no technical barrier to them looking at your files. Their encrypt/decrypt operations are done in the cloud (if they actually bother) and they have the key. Which makes it more chilling that the PRISM docs Snowden link make reference to Dropbox being the next cloud service NSA plans to add to their collection. Wuala also is located (as are its servers) in Switzerland, which also has far stronger digital data privacy laws than the U.S. Plus the Swiss are well along the path to E.U. membership; they've ratified many of the E.U. treaties including the treaty on Human Rights, which as I recall is where the digital privacy sections are. I've begun to migrate from Dropbox to Wuala. It seems to be neck and neck with Dropbox on features and supported platforms, with the advantage of a far more secure approach and 5 GB free. But I'd also love to see more approaches akin to IP2 and Bittorrent Sync that provide the means to bypass the cloud. Don't depend on government to ensure digital privacy, route around the government voyeurs. Hmmm ... I wonder if the NSA has the computer capacity to handle millions of people switching to encrypted communication? :-) Thanks for the link to the software list.
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    Re: Google. I don't know if it's the 'kiss of death" but they're definitely going to take a hit, particularly outside the U.S. BTW, I'm remembering from a few years back when the ODF Foundation was still kicking. I did a fair bit of research on the bureaucratic forces in the E.U. that were pushing for the Open Document Exchange Formats. That grew out of a then-ongoing push to get all of the E.U. nations connected via a network that is not dependent on the Internet. It was fairly complete at the time down to the national level and was branching out to the local level and the plan from there was to push connections to business and then to Joe Sixpack and wife. Interop was key, hence ODEF. The E.U. might not be that far away from an ability to sever the digital connections with the U.S. Say a bunch of daisy-chained proxy anonymizers for communications with the U.S. Of course they'd have to block the UK from the network and treat it like it is the U.S. There's a formal signals intelligence service collaboration/integration dating back to WW 2, as I recall, among the U.S., the U.K., Canada, Australia, and New Zealand. Don't remember its name. But it's the same group of nations that were collaborating on Echelon. So the E.U. wouldn't want to let the UK fox inside their new chicken coop. Ah, it's just a fantasy. The U.S. and the E.U. are too interdependent. I have no idea hard it would be for the Zoho folk to come up with desktop/side encryption/decryption. And I don't know whether their servers are located outside the reach of a U.S. court's search warrant. But I think Google is going to have to move in that direction fast if it wants to minimize the damage. Or get way out in front of the hounds chomping at the NSA's ankles and reduce the NSA to compost. OTOH, Google might be a government covert op. for all I know. :-) I'm really enjoying watching the NSA show. Who knows what facet of their Big Brother operation gets revealed next?
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    ZOHO is an Indian company with USA marketing offices. No idea where the server farm is located, but they were not on the NSA list. I've known Raju Vegesna for years, mostly from the old Web 2.0 and Office 2.0 Conferences. Raju runs the USA offices in Santa Clara. I'll try to catch up with him on Thursday. How he could miss this once in a lifetime moment to clean out Google, Microsoft and SalesForce.com is something I'd like to find out about. Thanks for the Wuala tip. You sent me that years ago, when i was working on research and design for the SurDocs project. Incredible that all our notes, research, designs and correspondence was left to rot in Google Wave! Too too funny. I recall telling Alex from SurDocs that he had to use a USA host, like Amazon, that could be trusted by USA customers to keep their docs safe and secure. Now look what i've done! I've tossed his entire company information set into the laps of the NSA and their cabal of connected corporatists :)
Gonzalo San Gil, PhD.

Open Source Licenses | Open Source Initiative - 0 views

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    "Open source licenses are licenses that comply with the Open Source Definition - in brief, they allow software to be freely used, modified, and shared. To be approved by the Open Source Initiative (also known as the OSI), a license must go through the Open Source Initiative's license review process."
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    "Open source licenses are licenses that comply with the Open Source Definition - in brief, they allow software to be freely used, modified, and shared. To be approved by the Open Source Initiative (also known as the OSI), a license must go through the Open Source Initiative's license review process."
Paul Merrell

Is Apple an Illegal Monopoly? | OneZero - 0 views

  • That’s not a bug. It’s a function of Apple policy. With some exceptions, the company doesn’t let users pay app makers directly for their apps or digital services. They can only pay Apple, which takes a 30% cut of all revenue and then passes 70% to the developer. (For subscription services, which account for the majority of App Store revenues, that 30% cut drops to 15% after the first year.) To tighten its grip, Apple prohibits the affected apps from even telling users how they can pay their creators directly.In 2018, unwilling to continue paying the “Apple tax,” Netflix followed Spotify and Amazon’s Kindle books app in pulling in-app purchases from its iOS app. Users must now sign up elsewhere, such as on the company’s website, in order for the app to become usable. Of course, these brands are big enough to expect that many users will seek them out anyway.
  • Smaller app developers, meanwhile, have little choice but to play by Apple’s rules. That’s true even when they’re competing with Apple’s own apps, which pay no such fees and often enjoy deeper access to users’ devices and information.Now, a handful of developers are speaking out about it — and government regulators are beginning to listen. David Heinemeier Hansson, the co-founder of the project management software company Basecamp, told members of the U.S. House antitrust subcommittee in January that navigating the App Store’s fees, rules, and review processes can feel like a “Kafka-esque nightmare.”One of the world’s most beloved companies, Apple has long enjoyed a reputation for user-friendly products, and it has cultivated an image as a high-minded protector of users’ privacy. The App Store, launched in 2008, stands as one of its most underrated inventions; it has powered the success of the iPhone—perhaps the most profitable product in human history. The concept was that Apple and developers could share in one another’s success with the iPhone user as the ultimate beneficiary.
  • But critics say that gauzy success tale belies the reality of a company that now wields its enormous market power to bully, extort, and sometimes even destroy rivals and business partners alike. The iOS App Store, in their telling, is a case study in anti-competitive corporate behavior. And they’re fighting to change that — by breaking its choke hold on the Apple ecosystem.
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  • Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.
  • The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.
  • The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.
  • Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.
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