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Alexandra IcecreamApps

Online Shopping Tips - Icecream Tech Digest - 0 views

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    More and more people prefer online shopping to actual shopping. First off, online shopping saves you time as you don’t even have to leave your room or office to complete your purchase. Another advantage of online shopping is that you … Continue reading →
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    More and more people prefer online shopping to actual shopping. First off, online shopping saves you time as you don’t even have to leave your room or office to complete your purchase. Another advantage of online shopping is that you … Continue reading →
Paul Merrell

News - Antitrust - Competition - European Commission - 0 views

  • Google inquiries Commission accuses Google of systematically favouring own shopping comparison service Infographic: Google might be favouring 'Google Shopping' when displaying general search results
  • Antitrust: Commission sends Statement of Objections to Google on comparison shopping service; opens separate formal investigation on AndroidWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission opens formal investigation against Google in relation to Android mobile operating systemWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission sends Statement of Objections to Google on comparison shopping serviceWed, 15 Apr 2015 10:00:00 GMTStatement by Commissioner Vestager on antitrust decisions concerning GoogleWed, 15 Apr 2015 11:39:00 GMT
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    The more interesting issue to me is the accusation that Google violates antitrust law by boosting its comparison shopping search results in its search results, unfairly disadvantaging competing shopping services and not delivering best results to users. What's interesting to me is that the Commission is attempting to portray general search as a separate market from comparison shopping search, accusing Google of attempting to leverage its general search monopoly into the separate comoparison shopping search market. At first blush, Iim not convinced that these are or should be regarded as separable markets. But the ramifications are enormous. If that is a separate market, then arguably so is Google's book search, its Google Scholar search, its definition search, its site search, etc. It isn't clear to me how one might draw a defensible line taht does not also sweep in every new search feature  as a separate market.   
Gonzalo San Gil, PhD.

"Media: when oligarchs go shopping" - RSF's latest report | RSF - 0 views

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    "It was in Russia that the word "oligarchs" was first used to denote very rich businessmen. Reporters Without Borders (RSF) has adopted the term to refer to billionaires who create or take over media empires to serve their business or political interests. There is a worldwide trend towards increasingly concentrated ownership of conglomerates that combine media outlets (TV channels, radio stations, newspapers and news websites) with banks, telecoms, property firms and construction companies. All this suits the rulers of countries such as China that espoused capitalism in order to better suppress democracy. "
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    "It was in Russia that the word "oligarchs" was first used to denote very rich businessmen. Reporters Without Borders (RSF) has adopted the term to refer to billionaires who create or take over media empires to serve their business or political interests. There is a worldwide trend towards increasingly concentrated ownership of conglomerates that combine media outlets (TV channels, radio stations, newspapers and news websites) with banks, telecoms, property firms and construction companies. All this suits the rulers of countries such as China that espoused capitalism in order to better suppress democracy. "
Gonzalo San Gil, PhD.

Pre-crime arrives in the UK: Better make sure your face stays off the crowdsourced watc... - 0 views

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    "You can now be ushered out of a shop, even if you haven't done anything wrong yet. by Sebastian Anthony - Dec 17, 2015 1:15pm CET"
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    "You can now be ushered out of a shop, even if you haven't done anything wrong yet. by Sebastian Anthony - Dec 17, 2015 1:15pm CET"
Gonzalo San Gil, PhD.

"Open WiFi Operators Are Not Liable for Pirating Users" - TorrentFreak - 0 views

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    " Ernesto on March 16, 2016 C: 13 Breaking Restaurants, bars and shops that offer their customers free and open Wi-Fi are not liable for pirating users. This is the advice Advocate General Szpunar has sent to the EU Court of Justice in what may turn out to be a landmark case."
Paul Merrell

Spooked By Lax U.S. Data Privacy, European Firms Build Their Own Cloud Services - 2 views

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    Draconian post-9/11 U.S. government surveillance statutes will cost U.S. economy as customers shop for cloud services elsewhere.  
Gonzalo San Gil, PhD.

CompletePlanet - Discover over 70,000+ databases and specially search engines - 2 views

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    Node Level All Topics >> Agriculture Games & Hobbies Military Religion Arts & Design Government Music Science Business Health News Search Engines Computing & Internet Home & Garden Newspapers Shopping Education Humanities People Social Sciences Energy Jobs & Careers Places Sports Engineering Law Politics Transportation Environment Literature Products & Technology Travel Family Living things Recreation Weather Finance & Economics Magazines & Journals References Food & Drink Media & Entertainment Regional
Gonzalo San Gil, PhD.

crocmusic.com | Free Culture Book's Music Promt - 0 views

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    [blinkbox music free music Millions of songs waiting for you free music on web, mobile & tablet. blinkboxmusic.com/free play music free Get play music free Info From 6 Search Engines at Once. uk.ZapMeta.com/play music free with feeling... New songs every month. Listen for free. stephennow.com General Music Find Professional music Shops & Lessons Near You With Local.com! UK.Local.com]
Gonzalo San Gil, PhD.

What Happens When You Marry The NSA's Surveillance Database With Amazon's Personalized ... - 0 views

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    "from the spying-in-the-service-of-seduction dept By now, most people who shop online are aware of the way in which companies try to tailor their offers based on your previous purchasing and browsing history. Being followed by strangely relevant ads everywhere is bad enough, but what if the government started using the same approach in its communications with you? That's one of the key ideas explored in an interesting new article by Zeynep Tufekci, strikingly presented on Medium, with the title "Is the Internet good or bad? Yes.""
Gonzalo San Gil, PhD.

At 24, Linux Has Come Out of the Basement | Software | LinuxInsider - 1 views

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    "Linux is a very functional operating system. It "led to the collapse of the infrastructure decision debates of many IT shops," said Guy Smith, chief strategist for Silicon Strategies Marketing. "Before Linux, ..."
David Corking

A Manifesto for Slow Communication - John Freeman - WSJ.com - 0 views

  • How many of our most joyful memories have been created in front of a screen?
  • Communicating at great haste hones our utterances down to instincts and impulses that until now have been held back or channeled more carefully.
    • David Corking
       
      But most of us can speak faster than we can type or text, and no-one complained that conversation makes our brains work too fast.
  • Our cafes, post offices, parks, cinemas, town centers, main streets and commu­nity meeting halls have suffered as a result of this development.
    • David Corking
       
      Really? How many people met strangers in such places?
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  • The difference between typing an email and writing a letter or memo out by hand is akin to walking on concrete versus stroll­ing on grass.
  • A butcher can tell you which cuts of meat are the freshest; an online grocer may not. That same butcher, if he is good, might not just remember your preferences—which an online retailer can do frighteningly well—but ask you how your mother has been doing, whether you caught the latest football game. These interactions remind us that we are more than con­sumers; they remind us that we are part of the world in a way no amount of online shopping ever will.
    • David Corking
       
      This is right on the money - a visit to a local farm shop is a wonderful experience.
  • If we spend our eve­ning online trading short messages over Facebook with friends thousands of miles away rather than going to our local pub or park with a friend, we are effectively withdrawing from the peo­ple we could turn to for solace, humor and friendship, not to mention the places we could go to do this. We trade the com­plicated reality of friendship for its vacuum-packed idea.
    • David Corking
       
      It might be just the way this essay was abridged for the paper, but I cannot see whether the author wants us to spend all evening writing a longhand letter to a distant friend, or ignore them altogether to spend time with a local friend.
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    While I disagree with a lot of this essay, I recommend it as food for thought.
kasperskyhelpau

How to Secure Online Shopping with Kaspersky Total Security 2018 - Kaspersky Antivirus ... - 0 views

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    Kaspersky prompts the user to access the online payment systems site in a secured mode through Safe Money. Once you agree, you will see the page opened in a Protected Browser. It protects the user from information theft and from unauthorized screenshots.
Paul Merrell

Press corner | European Commission - 0 views

  • The European Commission has informed Amazon of its preliminary view that it has breached EU antitrust rules by distorting competition in online retail markets. The Commission takes issue with Amazon systematically relying on non-public business data of independent sellers who sell on its marketplace, to the benefit of Amazon's own retail business, which directly competes with those third party sellers. The Commission also opened a second formal antitrust investigation into the possible preferential treatment of Amazon's own retail offers and those of marketplace sellers that use Amazon's logistics and delivery services. Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “We must ensure that dual role platforms with market power, such as Amazon, do not distort competition.  Data on the activity of third party sellers should not be used to the benefit of Amazon when it acts as a competitor to these sellers. The conditions of competition on the Amazon platform must also be fair.  Its rules should not artificially favour Amazon's own retail offers or advantage the offers of retailers using Amazon's logistics and delivery services. With e-commerce booming, and Amazon being the leading e-commerce platform, a fair and undistorted access to consumers online is important for all sellers.”
  • Amazon has a dual role as a platform: (i) it provides a marketplace where independent sellers can sell products directly to consumers; and (ii) it sells products as a retailer on the same marketplace, in competition with those sellers. As a marketplace service provider, Amazon has access to non-public business data of third party sellers such as the number of ordered and shipped units of products, the sellers' revenues on the marketplace, the number of visits to sellers' offers, data relating to shipping, to sellers' past performance, and other consumer claims on products, including the activated guarantees. The Commission's preliminary findings show that very large quantities of non-public seller data are available to employees of Amazon's retail business and flow directly into the automated systems of that business, which aggregate these data and use them to calibrate Amazon's retail offers and strategic business decisions to the detriment of the other marketplace sellers. For example, it allows Amazon to focus its offers in the best-selling products across product categories and to adjust its offers in view of non-public data of competing sellers. The Commission's preliminary view, outlined in its Statement of Objections, is that the use of non-public marketplace seller data allows Amazon to avoid the normal risks of retail competition and to leverage its dominance in the market for the provision of marketplace services in France and Germany- the biggest markets for Amazon in the EU. If confirmed, this would infringe Article 102 of the Treaty on the Functioning of the European Union (TFEU) that prohibits the abuse of a dominant market position.
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    "In addition, the Commission opened a second antitrust investigation into Amazon's business practices that might artificially favour its own retail offers and offers of marketplace sellers that use Amazon's logistics and delivery services (the so-called "fulfilment by Amazon or FBA sellers"). In particular, the Commission will investigate whether the criteria that Amazon sets to select the winner of the "Buy Box" and to enable sellers to offer products to Prime users, under Amazon's Prime loyalty programme, lead to preferential treatment of Amazon's retail business or of the sellers that use Amazon's logistics and delivery services. The "Buy Box" is displayed prominently on Amazon's websites and allows customers to add items from a specific retailer directly into their shopping carts. Winning the "Buy Box" (i.e. being chosen as the offer that features in this box) is crucial to marketplace sellers as the Buy Box prominently shows the offer of one single seller for a chosen product on Amazon's marketplaces, and generates the vast majority of all sales. The other aspect of the investigation focusses on the possibility for marketplace sellers to effectively reach Prime users. Reaching these consumers is important to sellers because the number of Prime users is continuously growing and because they tend to generate more sales on Amazon's marketplaces than non-Prime users. If proven, the practice under investigation may breach Article 102 of the Treaty on the Functioning of the European Union (TFEU) that prohibits the abuse of a dominant market position. The Commission will now carry out its in-depth investigation as a matter of priority"
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    On the filed charges, the violation seems to be fairly clear-cut and straightforward to prove. (DG Competition has really outstanding lawyers.) I suspect the real fight here will be over the remedy.
Paul Merrell

EU files antitrust charges against Amazon over use of data | The Seattle Times - 1 views

  • European Union regulators filed antitrust charges Tuesday against Amazon, accusing the e-commerce giant of using its access to data from companies that sell products on its platform to gain an unfair advantage over them.The charges, filed two years after the bloc’s antitrust enforcer began looking into the company, are the latest effort by European regulators to curb the power of big technology companies. Margrethe Vestager, the EU commissioner in charge of competition issues, has slapped Google with antitrust fines totaling nearly $10 billion and opened twin antitrust investigations this summer into Apple. The EU’s executive Commission also opened a second investigation Tuesday into whether Amazon favors product offers and merchants that use its own logistics and delivery system.
  • The EU investigation found that Amazon is accessing and analyzing real-time data from other vendors that sell goods on its platform to help it decide which new products of its own to launch and how to price and market them. That “appears to distort genuine competition,” Vestager said.Investigators focused on that practice in France and Germany, the company’s two biggest markets in the EU, but Vestager didn’t give specific examples of merchants affected by Amazon’s behavior.The stakes have risen for retailers as many European countries have shut nonessential shops temporarily to try to contain the coronavirus pandemic, pushing more shopping online, where Amazon is a major presence. Advertising Skip AdSkip AdSkip Ad Amazon faces a possible fine of up to 10% of its annual worldwide revenue. That could amount to as much as $28 billion, based on its 2019 earnings. The Seattle-based company rejected the accusations.
Paul Merrell

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

  • With his shaggy, sandy blond hair and a 5-o'clock shadow, Mark Rolston, the creative director for Frog Design, has studied technology for the better part of two decades. As he sees it, smartphones are just about out of evolutionary advances. Sure, form factors and materials might alter as manufacturers grasp for differentiating design, but in terms of innovative leaps, Rolston says, "we're at the end of gross innovation for smartphones." That isn't to say smartphones are dead or obsolete. Just the contrary. As Rolston and other future thinkers who study the mobile space conclude, smartphones will become increasingly impactful in interacting with our surrounding world, but more as one smaller piece of a much large, interconnected puzzle abuzz with data transfer and information. We'll certainly see more crazy camera software and NFC features everywhere, but there's much, much more to look forward to besides.
  • You may have never given two thoughts to the sensors that come on you smartphone. They don't mind. They're still there anyway, computing data on your phone's movement and speed, rotation, and lighting conditions. These under-appreciated components -- the gyroscope, accelerometer, magnetometer, and so forth -- are starting to get more friends in the neighborhood. Samsung, for instance, slipped pressure, temperature, and humidity sniffers into the Galaxy S4. They may not be the sexiest feature in your phone, but in the future, sensors like accelerometers will be able to collect and report much more detailed information.
  • If you've made it here, you'll start seeing a general theme: in the forward-looking smartphone environment of our future, our devices are anything but isolated. Instead, smartphones will come with more components and communications tools to interact more than ever before with people and other devices. We already see some communication with Wi-Fi Direct, Bluetooth, and NFC communications protocols, plus newcomers like the Miracast standard. In short, the kind of innovation we see in the mobile space may have more to do with getting your smartphone to communicate with other computing devices in the ecosystem than it will have with how many megapixels or ultrapixels your camera lens possesses or what kind of leather was used to finish the chassis.
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  • An extension of the smartphone as medical device is what Ideo's Blakely terms "appcessories," a set of highly specialized peripheral software that fulfills very targeted needs, stuff that most people wouldn't want their everyday phone.
  • . Let's say you're in a bar or at a conference and you want to meet people, he says. Extremely precise sensors track exactly where you are indoors. Point the phone toward a person in the crowd and her pertinent information pops onto the screen: who she is, what she does, and maybe some backgrou
  • Into the coffee shop of tomorrow walks a techie of tomorrow. He or she is decked out in wearable tech from head to toe -- the Bluetooth earring or ear cuff tucked into a lobe; Google glasses beaming up maps and directions; a smartwatch that takes your vitals, deals with mobile payments, and serves as a console for the most important functions. Then there's the smartphone slipped into the pocket for more complicated tasks or to serve as a "big" screen, and the smart shoes that calculate distance, underfoot conditions, and analyze your gait. Your smartphone is still there, still essential for communicating with your environment, but it becomes only one device in a collection of other, even more personal or convenient gadgets, that solve some of the same sorts of problems in different or complimentary ways.
  • The scenario above isn't all that outlandish, especially given the rise of smartwatches, which still have a ways to go before becoming truly well-rounded devices. Crazy tech that interacts with your body has been in development for some time. To illustrate the point, Frog's Rolston brought a pair of Necomimi Brainwave Cat Ears to our interview. The fuzzy "ears," which have been on sale for about two years, sit atop a headband. A sensor protrudes from the band onto your forehead and a dangling clip closes the circuit when you attach it to your earlobe. The cat ears swivel and twitch in concert with your brain waves, a bizarre and surprisingly giddy sensation. Necomimi's contraption isn't particularly useful or flattering, but its brain-reading sensors underscore the kind of close, personal interaction that can occur when tech "talks." Paired with a smartphone app, what could this contraption share about our brains when we wake or sleep?
  • The point is this: smartphones aren't going anywhere. But instead of a focusing on the world within the phone's screen, the smartphone will be tuned more than ever before to the world around you.
Paul Merrell

WikiLeaks - Vault 7: Projects - 0 views

  • Today, March 31st 2017, WikiLeaks releases Vault 7 "Marble" -- 676 source code files for the CIA's secret anti-forensic Marble Framework. Marble is used to hamper forensic investigators and anti-virus companies from attributing viruses, trojans and hacking attacks to the CIA. Marble does this by hiding ("obfuscating") text fragments used in CIA malware from visual inspection. This is the digital equivallent of a specalized CIA tool to place covers over the english language text on U.S. produced weapons systems before giving them to insurgents secretly backed by the CIA. Marble forms part of the CIA's anti-forensics approach and the CIA's Core Library of malware code. It is "[D]esigned to allow for flexible and easy-to-use obfuscation" as "string obfuscation algorithms (especially those that are unique) are often used to link malware to a specific developer or development shop." The Marble source code also includes a deobfuscator to reverse CIA text obfuscation. Combined with the revealed obfuscation techniques, a pattern or signature emerges which can assist forensic investigators attribute previous hacking attacks and viruses to the CIA. Marble was in use at the CIA during 2016. It reached 1.0 in 2015.
  • The source code shows that Marble has test examples not just in English but also in Chinese, Russian, Korean, Arabic and Farsi. This would permit a forensic attribution double game, for example by pretending that the spoken language of the malware creator was not American English, but Chinese, but then showing attempts to conceal the use of Chinese, drawing forensic investigators even more strongly to the wrong conclusion, --- but there are other possibilities, such as hiding fake error messages. The Marble Framework is used for obfuscation only and does not contain any vulnerabilties or exploits by itself.
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    But it was the Russians who hacked the 2016 U.S. election. Really.
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.
Paul Merrell

Charting the Final Frontier--Google Maps for Indoors - Technology For Change - 2 views

  • Google maps are great for navigating to an address, but once you arrive, it's up to you to find the office, meeting room or vendor inside. Now Micello takes over where conventional navigators leave off, mapping your route inside buildings, malls, convention centers and other points of interest.  "Micello is quite literally Google maps for the insides of buildings," said Ankit Agarwal, founder and CEO of Micello. "We are mapping the last unchartered territory—the last mile—between the front door and where you are going. We are building the foundation for an indoor location-based services market."
  • Available as a free service to users of the iPhone, BlackBerry, Palm or Android mobile handsets, Micello displays the Google maps to an address adorned with icons showing where indoor maps are available. Once the user arrives at an address, clicking on the Micello icon overlays the indoor map. Search for a particular venue inside, and Micello highlights a recommended route from your current location. Future versions will also provide directions from your car in the parking lot, as well as store-to-store directions once inside a mall.
  • When Micello becomes available later this fall for the iPhone, it will come with maps for 150 points of interest in the Bay Area, with the rest of California slated for mapping by the end of the year. The other major cities, plus versions for BlackBerry, Palm and Android, are promised by the end of 2010, at which time Micello estimates it will have 5,000 shopping malls, 10,000 college campuses and 400 convention centers in its growing database. Locations will also include airports, stadiums, theme parks, golf courses, fitness centers and other venues where people naturally congregate.
Paul Merrell

Guest Post: NSA Reform - The Consequences of Failure | Just Security - 0 views

  • In the absence of real reform, people and institutions at home and abroad are taking matters into their own hands. In America, the NSA’s overreach is changing the way we communicate with and relate to each other. In order to evade government surveillance, more and more Americans are employing encryption technology.  The veritable explosion of new secure messaging apps like Surespot, OpenWhisper’s collaboration with WhatsApp, the development and deployment of open source anti-surveillance tools like Detekt, the creation of organizationally-sponsored “surveillance self-defense” guides, the push to universalize the https protocol, anti-surveillance book events featuring free encryption workshops— are manifestations of the rise of the personal encryption and pro-privacy digital resistance movement. Its political implications are clear: Americans, along with people around the world, increasingly see the United States government’s overreaching surveillance activities as a threat to be blocked.
  • The federal government’s vacuum-cleaner approach to surveillance—manifested in Title II of the PATRIOT Act, the FISA Amendments Act, and EO 12333—has backfired in these respects, and the emergence of this digital resistance movement is one result. Indeed, the existence and proliferation of social networks hold the potential to help this movement spread faster and to more of the general public than would have been possible in decades past. This is evidenced by the growing concern worldwide about governments’ ability to access reams of information about people’s lives with relative ease. As one measure, compared to a year ago, 41% of online users in North America now avoid certain Internet sites and applications, 16% change who they communicate with, and 24% censor what they say online. Those numbers, if anywhere close to accurate, are a major concern for democratic society.
  • Even if commercially available privacy technology proves capable of providing a genuine shield against warrantless or otherwise illegal surveillance by the United States government, it will remain a treatment for the symptom, not a cure for the underlying legal and constitutional malady. In April 2014, a Harris poll of US adults showed that in response to the Snowden revelations, “Almost half of respondents (47%) said that they have changed their online behavior and think more carefully about where they go, what they say, and what they do online.” Set aside for a moment that just the federal government’s collection of the data of innocent Americans is itself likely a violation of the Fourth Amendment. The Harris poll is just one of numerous studies highlighting the collateral damage to American society and politics from NSA’s excesses: segments of our population are now fearful of even associating with individuals or organizations executive branch officials deem controversial or suspicious. Nearly half of Americans say they have changed their online behavior out of a fear of what the federal government might do with their personal information. The Constitution’s free association guarantee has been damaged by the Surveillance State’s very operation.
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  • The failure of the Congress and the courts to end the surveillance state, despite the repeated efforts by a huge range of political and public interest actors to effect that change through the political process, is only fueling the growing resistance movement. Federal officials understand this, which is why they are trying—desperately and in the view of some, underhandedly—to shut down this digital resistance movement. This action/reaction cycle is exactly what it appears to be: an escalating conflict between the American public and its government. Without comprehensive surveillance authority reforms (including a journalist “shield law” and ironclad whistleblower protections for Intelligence Community contractors) that are verifiable and enforceable, that conflict will only continue.
Paul Merrell

Excite News - EU files antitrust charges against Google - 0 views

  • BRUSSELS (AP) — The European Union's competition chief is filing an antitrust complaint alleging Google has been abusing its dominance in Internet searches and is opening a probe into its Android mobile system.EU Competition Commissioner Margrethe Vestager said Wednesday she is "concerned that the company has given an unfair advantage to its own comparison shopping service."Vestager said the separate antitrust probe into Android will investigate whether the Internet giant relies on anti-competitive deals and abuses its dominant position in Europe's mobile market.Vestager said her chief goal was to make sure multinationals "do not artificially deny European consumers as wide a choice as possible or stifle innovation".Google's general counsel Kent Walker wrote late Tuesday that a "statement of objections" to Google's business practices was to be released by Vestager Wednesday.
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