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Gonzalo San Gil, PhD.

The Universal Declaration of Human Rights - 3 views

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    [PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories
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    The Declaration is an important document but only aspirational in nature. It was hamstrung from the beginning by omission of mandated procedures by which an aggrieved person could seek its enforcement or protection.
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    Oh.. of course, Paul. This is Just a Reminder... ... of the other ways to do the things... For Every@ne. Perhaps One Day... :)
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
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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
Gonzalo San Gil, PhD.

Poll: Should open source projects adopt community codes of conduct? | Opensource.com - 0 views

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    "Posted 23 Jun 2014 by Opensource.com (Red Hat) [ Be respectful Assume good faith Be collaborative Try to be concise Be open] "
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

Tech Execs Express Extreme Concern That NSA Surveillance Could Lead To 'Breaking' The I... - 0 views

  • We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stronger than our military might is our moral authority. And this decline in trust, has not only effected people's trust in American technology products. It has effected people's willingness to trust the leadership of the United States. If we are going to win the war on terror. If we are going to keep the public safe. If we are going to improve American competitiveness, we need Congress to stay on the path it's set. We need Congress to finish in December the job the President put before Congress in January.
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    "Nothing necessarily earth-shattering was said by anyone, but it did involve a series of high powered tech execs absolutely slamming the NSA and the intelligence community, and warning of the vast repercussions from that activity, up to and including potentially splintering or "breaking" the internet by causing people to so distrust the existing internet, that they set up separate networks on their own. The execs repeated the same basic points over and over again. They had been absolutely willing to work with law enforcement when and where appropriate based on actual court orders and review -- but that the government itself completely poisoned the well with its activities, including hacking into the transmission lines between overseas datacenters. Thus, as Eric Schmidt noted, if the NSA and other law enforcement folks are "upset" about Google and others suddenly ramping up their use of encryption and being less willing to cooperate with the government, they only have themselves to blame for completely obliterating any sense of trust. Microsoft's Brad Smith, towards the end, made quite an impassioned plea -- it sounded more like a politician's stump speech -- about the need for rebuilding trust in the internet. It's at about an hour and 3 minutes into the video. He points out that while people had expected Congress to pass the USA Freedom Act, the rise of ISIS and other claimed threats has some people scared, but, he notes: We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stron
Paul Merrell

6 Anti-NSA Technological innovations that May Just Change the World | StormCloudsGathering - 2 views

  • Rather than grovel and beg for the U.S. government to respect our privacy, these innovators have taken matters into their own hands, and their work may change the playing field completely.
  • People used to assume that the United States government was held in check by the constitution, which prohibits unreasonable searches and seizures and which demands due process in criminal investigations, but such illusions have evaporated in recent years. It turns out that the NSA considers itself above the law in every respect and feels entitled to spy on anyone anywhere in the world without warrants, and without any real oversight. Understandably these revelations shocked the average citizen who had been conditioned to take the government's word at face value, and the backlash has been considerable. The recent "Today We Fight Back" campaign to protest the NSA's surveillance practices shows that public sentiment is in the right place. Whether these kinds of petitions and protests will have any real impact on how the U.S. government operates is questionable (to say the least), however some very smart people have decided not to wait around and find out. Instead they're focusing on making the NSA's job impossible. In the process they may fundamentally alter the way the internet operates.
  • People used to assume that the United States government was held in check by the constitution, which prohibits unreasonable searches and seizures and which demands due process in criminal investigations, but such illusions have evaporated in recent years. It turns out that the NSA considers itself above the law in every respect and feels entitled to spy on anyone anywhere in the world without warrants, and without any real oversight. Understandably these revelations shocked the average citizen who had been conditioned to take the government's word at face value, and the backlash has been considerable. The recent "Today We Fight Back" campaign to protest the NSA's surveillance practices shows that public sentiment is in the right place. Whether these kinds of petitions and protests will have any real impact on how the U.S. government operates is questionable (to say the least), however some very smart people have decided not to wait around and find out. Instead they're focusing on making the NSA's job impossible. In the process they may fundamentally alter the way the internet operates.
Gonzalo San Gil, PhD.

Technologies of Freedom? [MIT] - 1 views

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    "In the United States much of our freedom, as we understand it, is defined and protected by the Bill of Rights, and especially the First Amendment to the Constitution. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.""
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    "In the United States much of our freedom, as we understand it, is defined and protected by the Bill of Rights, and especially the First Amendment to the Constitution. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.""
Gonzalo San Gil, PhD.

Open Letter: Proposed Trade Secrets Directive Risks EU Health, Environment, Free Speech... - 0 views

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    "It participates to a movement reinforcing secrets, perceptible on the legislative and jurisprudential plan, against the claims of transparency coming from the civil society, and constitutes in this respect an unacceptable anti-democratic drift."
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    "It participates to a movement reinforcing secrets, perceptible on the legislative and jurisprudential plan, against the claims of transparency coming from the civil society, and constitutes in this respect an unacceptable anti-democratic drift."
Gonzalo San Gil, PhD.

Becoming a trusted member of an open source community | Opensource.com - 0 views

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    [# ! As in #code so in #life] Samsung's Guy Martin talks about strategies for getting involved with-and earning the respect of-an open source community.
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    [# ! As in #code so in #life] Samsung's Guy Martin talks about strategies for getting involved with-and earning the respect of-an open source community.
Gonzalo San Gil, PhD.

Here's why patents are innovation's worst enemy | Vivek Wadhwa | LinkedIn - 1 views

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    "The Founding Fathers of the United States considered intellectual property so important that they gave it a special place in the Constitution: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.""
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    "The Founding Fathers of the United States considered intellectual property so important that they gave it a special place in the Constitution: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.""
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    The quote is somewhat misleading because it is out of context. The section is preceded by: "The Congress shall have Power ..." Those are words of discretion, not commandment. Nothing in the Constitution *requires* that patent and copyright systems be established. "Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, *but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body."* VI Writings of Thomas Jefferson, at 180-181 (Washington ed.).
Gonzalo San Gil, PhD.

Organize a Giving Guide Giveaway - Free Software Foundation - December 1, 2014 - 0 views

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    "by Free Software Foundation - Published on Nov 17, 2014 04:18 PM Organize an event to help people choose electronics gifts that actually give more than they take. In the flurry of holiday advertising that happens at the end of the year, many people are swept into buying freedom-denying and DRM-laden gifts that take more than they give. Each holiday season the FSF releases a Giving Guide to make it easy for you to choose tech gifts that respect your rights as a computer user and avoid those that don't. We'll be launching 2014's guide on Black Friday (November 28th), full of gifts that are fun and free, made by companies that share your values. It will be similar to 2013's Giving Guide, but more extensive and spruced up with a new design. It'll even have discounts on some of our favorite items, and translations into multiple languages."
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    "by Free Software Foundation - Published on Nov 17, 2014 04:18 PM Organize an event to help people choose electronics gifts that actually give more than they take. In the flurry of holiday advertising that happens at the end of the year, many people are swept into buying freedom-denying and DRM-laden gifts that take more than they give. Each holiday season the FSF releases a Giving Guide to make it easy for you to choose tech gifts that respect your rights as a computer user and avoid those that don't. We'll be launching 2014's guide on Black Friday (November 28th), full of gifts that are fun and free, made by companies that share your values. It will be similar to 2013's Giving Guide, but more extensive and spruced up with a new design. It'll even have discounts on some of our favorite items, and translations into multiple languages."
Gonzalo San Gil, PhD.

Some Pirate Sites Have Little Respect For Their Users - TorrentFreak [#! Note] - 0 views

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    " Andy on January 24, 2016 C: 74 Opinion Basic rules of economics dictate that websites need a way to monetize their operations but with pressure in the advertising world increasing, options for pirate sites are more narrow than they were. However, while many still do their best to deliver a decent experience to users, others are letting everyone down."
Gonzalo San Gil, PhD.

The U.N. wants to connect the world to the Internet. That's not enough. - 0 views

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    "But connectivity alone cannot be global policy. Respect for privacy and the freedom of expression must go hand in glove with the drive to connection."
Gonzalo San Gil, PhD.

Russian Copyright Law Allows Entire News Site To Be Shut Down Over A Single Copied Arti... - 0 views

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    "from the funny-how-that-works dept We've noted for a long time now that copyright laws are regularly used as a tool for censorship. In Russia, abusing copyright law for censorship and to harass political opponents has become standard. Remember how the Russian government teamed up with Microsoft to use questionable copyright claims to intimidate government critics? And then how the MPAA gleefully got into bed with Russia's media censor to celebrate copyright? Of course, Russia also expanded its ability to use copyright to censor the internet, following pressure from short-sighted US diplomats, demanding that Russia better "respect" copyright laws. "
Gonzalo San Gil, PhD.

conflict situationJoint Declaration on Freedom of Expression and Responses to Conflict ... - 1 views

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    "1. Scope of the Joint Declaration This Joint Declaration addresses systematic or targeted attacks on freedom of expression which are aimed at silencing certain perspectives or voices, whether internationally, nationally or locally, and State responses to such attacks. Such attacks are perpetrated in different contexts, including of international and non-international armed conflicts, terrorist attacks and widespread organised crime. 2. General Principles a) States have a direct responsibility under international human rights law to respect freedom of expression and they are also under a positive obligation to take effective measures to protect freedom of expression against attacks by third parties, including by ensuring accountability for any attacks on those exercising their right to freedom of expression and by raising awareness about the importance of freedom of expression. ..."
Gonzalo San Gil, PhD.

Stallman: How Much Surveillance Can Democracy Withstand? | Wired Opinion | Wired.com - 1 views

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    "Editor's Note: Given Richard Stallman's longtime role in promoting software that respects user freedom (including GNU, which just turned 30), his suggested "remedies" for all the ways technology can be re-designed to provide benefits while avoiding surveillance - like the smart meters example he shares below - seem particularly relevant."
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
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    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Gonzalo San Gil, PhD.

Transparency | Electronic Frontier Foundation - 0 views

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    "Knowing "what the government is up to" is often the first step in ensuring that the government respects the civil liberties of its citizens. Transparency is especially important given the government's increasingly secretive use of new technologies for law enforcement and national security purposes. From cell phone location tracking, the use of surveillance drones, secret interpretations of electronic surveillance law, and the expanding use of biometrics, EFF wants to hold the government accountable and uphold your digital rights."
Gonzalo San Gil, PhD.

Accused Pirate Slams BitTorrent Tracking Outfit in Court | TorrentFreak - 1 views

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    " Ernesto on May 3, 2014 C: 19 News In an ongoing battle between the makers of the B-movie Elf-Man and an alleged copyright infringer, the defendant's attorney has raised questions about the evidence provided by the tracking outfit. Among other issues, there are doubts whether the German-based company has the proper paperwork to operate as a private investigator."
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    " Ernesto on May 3, 2014 C: 19 News In an ongoing battle between the makers of the B-movie Elf-Man and an alleged copyright infringer, the defendant's attorney has raised questions about the evidence provided by the tracking outfit. Among other issues, there are doubts whether the German-based company has the proper paperwork to operate as a private investigator." # ! #illegal #Copyright #enforcement... # ! a bad way to #make oneself #respect # ! :/
Gonzalo San Gil, PhD.

To Promote the Progress of Science and Useful Arts - 0 views

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    "The Congress shall have power . . . . To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." (U.S. Constitution, 1787)"
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