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Gonzalo San Gil, PhD.

Apple on trial: Were iTunes updates really an anti-consumer scheme? | Ars Technica - 0 views

arstechnica.com/...really-an-anti-consumer-scheme

apple trial itunes updates anti-consumer scheme DRM swindle ars

shared by Gonzalo San Gil, PhD. on 03 Dec 14 - No Cached
  • Gonzalo San Gil, PhD. on 03 Dec 14
     
    "OAKLAND, Calif. - The Apple iTunes DRM trial underway in federal court here will come down to how jurors view certain code that Apple added to iTunes. The plaintiffs, representing a class of about 8 million consumers as well as large retailers, say it was anything but an "upgrade." They're seeking $351 million in damages."
  • Gonzalo San Gil, PhD. on 03 Dec 14
     
    "OAKLAND, Calif. - The Apple iTunes DRM trial underway in federal court here will come down to how jurors view certain code that Apple added to iTunes. The plaintiffs, representing a class of about 8 million consumers as well as large retailers, say it was anything but an "upgrade." They're seeking $351 million in damages."
Gonzalo San Gil, PhD.

Infamous "podcast patent" heads to trial | Ars Technica - 0 views

arstechnica.com/...casts-next-week-a-jury-decides

patent turn money collecting business instead invention promotion

shared by Gonzalo San Gil, PhD. on 06 Sep 14 - No Cached
  • Gonzalo San Gil, PhD. on 06 Sep 14
     
    [# ! Patents turned into a collecting business instead of a invention promotion mechanism :/ ...] "A few years later, "monetizing" patents through lawsuits turned into an industry of its own. Logan turned his patents into a powerhouse licensing machine, beginning with a case filed against Apple in 2009. He went to trial and won $8 million. Settlements with other industry giants, like Samsung and Amazon, followed."
  • Gonzalo San Gil, PhD. on 06 Sep 14
     
    [# ! Patents a collecting business instead of a invention promotion mechanism :/ ...] "A few years later, "monetizing" patents through lawsuits turned into an industry of its own. Logan turned his patents into a powerhouse licensing machine, beginning with a case filed against Apple in 2009. He went to trial and won $8 million. Settlements with other industry giants, like Samsung and Amazon, followed."
  • Gonzalo San Gil, PhD. on 06 Sep 14
     
    [# ! Patents turned into a collecting business instead of a invention promotion mechanism :/ ...] "A few years later, "monetizing" patents through lawsuits turned into an industry of its own. Logan turned his patents into a powerhouse licensing machine, beginning with a case filed against Apple in 2009. He went to trial and won $8 million. Settlements with other industry giants, like Samsung and Amazon, followed."
Gary Edwards

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

www.cato-unbound.org/...rt-shrank-intellectual-commons

patents software-patents

shared by Gary Edwards on 13 Sep 14 - No Cached
  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
  • ...17 more annotations...
  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
  • Gary Edwards on 13 Sep 14
     
    "Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "
  • Paul Merrell on 14 Sep 14
     
    I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.
Gonzalo San Gil, PhD.

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

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

bittorrent protocol TCP_IP not no equal different piracy tells court

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

Facebook's Zuckerberg Called Out by The BMJ for 'Incompetent' Fact Check on Pfizer Stor... - 1 views

childrenshealthdefense.org/...berg-the-bmj-fact-check-pfizer

Internet-censorship fact-checker Lead-Stories Facebook Google ByteDance

shared by Paul Merrell on 21 Dec 21 - No Cached
  • The BMJ asked Facebook co-founder Mark Zuckerberg to remove a warning that discourages Facebook users from sharing an article about flaws in Pfizer’s COVID vaccine trial, saying the platform’s “incompetent” fact checkers are unfaily labeling stories as false. In an open letter Friday, The BMJ editors explained how some readers are unable to post its Nov. 2 article on Facebook. Other readers have received pop-up warnings that if they choose to share “false information,” their posts may rank lower in Facebook’s news feed.
  • “We find the ‘fact check’ performed by Lead Stories to be inaccurate, incompetent and irresponsible,” wrote The BMJ editors Fiona Godlee and Kamran Abbasi. “It fails to provide any assertions of fact that The BMJ article got wrong.” The BMJ article last month documented a host of poor practices that may have hurt data integrity and patient safety in the Phase 3 trial for Pfizer’s COVID vaccine. A whistleblower had supplied The BMJ with internal company documents, photos, audio recordings and e-mails from a contract research company overseeing some trial sites. The U.S. Food and Drug Administration declined to inspect the affected sites despite receiving a direct complaint in 2020, The BMJ said. Pfizer’s vaccine, called Comirnaty, received approval in August 2021. “There is also a wider concern that we wish to raise,” The BMJ wrote in its letter to Zuckerberg. “We are aware that The BMJ is not the only high quality information provider to have been affected by the incompetence of Meta’s fact checking regime.”
  • Facebook isn’t Lead Stories’ only client. The company also works for Google, ByteDance (TikTok’s owner) and the Poynter Institute for Media Studies. The fact checker’s stated mission is to “hunt for trending stories, images, videos and posts that contain false information in order to fact check them as quickly as possible.” The BMJ urged Zuckerberg to act swiftly, “specifically to correct the error relating to The BMJ’s article and to review the processes that led to the error; and generally to reconsider your investment in and approach to fact checking overall.”
Gonzalo San Gil, PhD.

Apple will face $350M trial over iPod DRM | Ars Technica - 1 views

arstechnica.com/...-face-350m-trial-over-ipod-drm

apple face trial ipod drm Fairplay locking customers people technology and more

shared by Gonzalo San Gil, PhD. on 04 Oct 14 - No Cached
  • Gonzalo San Gil, PhD. on 04 Oct 14
     
    "Apple's DRM schemes have been long disliked by activists. But are they illegal?"
  • Gonzalo San Gil, PhD. on 04 Oct 14
     
    "Apple's DRM schemes have been long disliked by activists. But are they illegal?"
Gary Edwards

Microsoft Office whips Google Docs: It's finally game over | Computerworld Blogs - 0 views

blogs.computerworld.com/...gle-docs-its-finally-game-over

MSOffice google docs

shared by Gary Edwards on 25 Jun 14 - No Cached
  • Gary Edwards on 25 Jun 14
     
    "If there was ever any doubt about whether Microsoft or Google would win the war of office suites, there should be no longer. Within the last several weeks, Microsoft has pulled so far ahead that it's game over. Here's why. When it comes to which suite is more fully featured, there's never been any real debate: Microsoft Office wins hands down. Whether you're creating entire presentations, creating complicated word-processing documents, or even doing something as simple as handling text attributes, Office is a far better tool. Until the last few weeks, Google Docs had one significant advantage over Microsoft Office: It's available for Android and the iPad as well as PCs because it's Web-based. The same wasn't the case for Office. So if you wanted to use an office suite on all your mobile devices, Google Docs was the way to go. Google Docs lost that advantage when Microsoft released Office for the iPad. There's not yet a native version for Android tablets, but Microsoft is working on that, telling GeekWire, "Let me tell you conclusively: Yes, we are also building Android native applications for tablets for Word, Excel and PowerPoint." Google Docs is still superior to Office's Web-based version, but that's far less important than it used to be. There's no need to go with a Web-based office suite if a superior suite is available as a native apps on all platforms, mobile or otherwise. And Office's collaboration capabilities are quite considerable now. Of course, there's always the question of price. Google Docs is free. Microsoft Office isn't. But at $100 a year for up to five devices, or $70 a year for two, no one will be going broke paying for Microsoft Office. It's worth paying that relatively small price for a much better office suite. Google Docs won't die. It'll be around as second fiddle for a long time. But that's what it will always remain: a second fiddle to the better Microsoft Office."
  • Gary Edwards on 25 Jun 14
     
    Google acquired "Writely", a small company in Portola Valley that pioneered document editing in a browser. Writely was perhaps the first cloud computing editor to go beyond simple HTML; eventually crafting some really cool CSS-JavaScript-JSON document layout and editing methods. But it can't edit native MSOffice documents. It converts them. There are more than a few problems with the Google Docs approach to editing advanced "compound" documents, but two stick out and are certain to give pause to anyone making the great transition from local workgroup computing, to the highly mobile, always connected, cloud computing. The first problem certain to become a show stopper is that Google converts documents to their native on-line format for editing and collaboration. And then they convert back. To many this isn't a problem. But if the document is part of a workflow or business process, conversion is a killer. There is an old saw affectionately known as "Reuters Law", dating back to the ODF-OXML document wars, that emphatically states; "Conversion breaks documents." The breakage includes both the visual layout of the document, and, the "compound" aspects and data connections that are internal to the document. Think of this way. A business document that is part of a legacy Windows Workgroup workflow is opened up in gDocs. Google converts the document for editing purposes. The data and the workflow internals that bind the document to the local business system are broken on conversion. The look of the document is also visually shredded as the gDocs layout engine is applied. For all practical purposes, no matter what magic editing and collaboration value is added, a broken document means a broken business process. Let me say that again, with the emphasis of having witnessed this first hand during the year long ODF transition trials the Commonwealth of Massachusetts conducted in 2005 and 2006. The business process broke every time a conversion was conducted "on a busines
Gonzalo San Gil, PhD.

Breaking: A2IM Advises Against Licensing Apple Music... - Digital Music NewsDigital Mus... - 0 views

www.digitalmusicnews.com/...-against-licensing-apple-music

b unfair conditions labels steal breaking licensing apple music news A2IM advise against indie consortium warns

shared by Gonzalo San Gil, PhD. on 16 Jun 15 - No Cached
  • Gonzalo San Gil, PhD. on 16 Jun 15
     
    "Yesterday, Digital Music News published a leaked Apple Music contract confirming that no royalties will be paid to rights owners during a three-month trial period. In response, highly-influential independent label organization A2IM offered this word if caution to its members."
  • Gonzalo San Gil, PhD. on 16 Jun 15
     
    "Yesterday, Digital Music News published a leaked Apple Music contract confirming that no royalties will be paid to rights owners during a three-month trial period. In response, highly-influential independent label organization A2IM offered this word if caution to its members."
Gonzalo San Gil, PhD.

Best of Opensource.com: Tutorials | Opensource.com - 0 views

opensource.com/...best-of-tutorials

best opensource.com Best Of How-To tutorial learning information open source

shared by Gonzalo San Gil, PhD. on 24 Dec 15 - No Cached
  • Gonzalo San Gil, PhD. on 24 Dec 15
     
    "One of the great aspects of open source is that there's always something new to learn. Many of us like to jump right in with new software or technology and learn by trial and error. Sometimes, however, we can use a guiding hand. That hand comes in the form of a good how-to or manual."
  • Gonzalo San Gil, PhD. on 24 Dec 15
     
    "One of the great aspects of open source is that there's always something new to learn. Many of us like to jump right in with new software or technology and learn by trial and error. Sometimes, however, we can use a guiding hand. That hand comes in the form of a good how-to or manual."
Gonzalo San Gil, PhD.

MPAA Executive Tampered With IFPI Evidence in Internet Piracy Case | TorrentFreak - 2 views

torrentfreak.com/in-internet-piracy-case-130427

MPAA executive tampre evidence IFPI internet piracy case

shared by Gonzalo San Gil, PhD. on 28 Apr 13 - No Cached
  • Gonzalo San Gil, PhD. on 28 Apr 13
     
    [Earlier this month Finland's largest ever Internet piracy case ended with four men being found guilty of copyright infringement and two being exonerated. The case involved a so-called 'topsite' called Angel Falls and had an interesting twist. During the trial it was revealed that evidence gathered by a local anti-piracy group and the IFPI was also handed to a "senior MPAA executive" who tampered with the evidence before handing it to the police. ...]
Gonzalo San Gil, PhD.

Jury finds CBS infringes podcasting patent, awards $1.3 million | Ars Technica - 1 views

arstechnica.com/...ting-patent-awards-1-3-million

jury finds cbs podcasting patent awards million Personal Audio

shared by Gonzalo San Gil, PhD. on 16 Sep 14 - No Cached
  • Gonzalo San Gil, PhD. on 16 Sep 14
     
    ""Patent troll" lost its damages case, but it can move on to trials against NBC, Fox."
Gonzalo San Gil, PhD.

Copyright Troll Asks Court to Ban the Term 'Copyright Troll' - TorrentFreak - 1 views

torrentfreak.com/he-term-copyright-troll-150804

copyright trolls ask court ban term :D think s by their name

shared by Gonzalo San Gil, PhD. on 05 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 05 Aug 15
     
    " Ernesto on August 4, 2015 C: 36 News Adult movie studio Malibu Media has asked the Indiana federal court to ban negative terms during an upcoming trial against an alleged BitTorrent pirate. According to the copyright troll, descriptions such as "copyright troll," "pornographer" and "porn purveyor" could influence the jury."
Gonzalo San Gil, PhD.

Apple on trial: Company execs say DRM was forced on them by record labels | Ars Technic... - 1 views

arstechnica.com/...orced-on-them-by-record-labels

Apple DRM music label impossed ha! :D try its own cheat recording industry swindle people defends culture

shared by Gonzalo San Gil, PhD. on 10 Dec 14 - No Cached
Gonzalo San Gil, PhD.

Copyright case over "Happy Birthday" is done, trial cancelled | Ars Technica UK - 0 views

arstechnica.co.uk/...irthday-is-over-trial-canceled

molesting copyright case against Happy Birthday cancelled agreement reached labels unhappy

shared by Gonzalo San Gil, PhD. on 10 Dec 15 - No Cached
  • Gonzalo San Gil, PhD. on 10 Dec 15
     
    "Settlement details aren't yet public, but Warner/Chappell isn't happy. by Joe Mullin (US) - Dec 10, 2015 8:22am CET"
Paul Merrell

At CES 2018, enthusiasm mounts on how 5G will transform industries | ZDNet - 0 views

www.zdnet.com/...w-5g-will-transform-industries

wireless broadband 5G rollout

shared by Paul Merrell on 13 Jan 18 - No Cached
  • It's an uncertain waiting game as to when the next-generation high-speed wireless service known as 5G will reach mass market, but the business implications are already a major talking point at CES 2018.
  • The term "5G" refers to the fifth-generation wireless broadband technology based on the 802.11ac standard. The packet of technology will bring speed and coverage improvements from 4G, with low-latency wireless up to 1GB/s, and it'll spur a host of new opportunities for enterprises and workplace productivity.In a panel discussion at CES, a trio of executives from Qualcomm, Ericsson, and Nokia discussed how 5G could transform industries ranging from transportation to manufacturing.
  • Some 5G rollouts are already planned for 2018. Samsung announced last Wednesday that it will provide Verizon with routers and radio frequency planning services for the carrier's initial 5G commercial rollout that will begin in Sacramento, Calif., in the second half of 2018.Meanwhile, AT&T announced that it will provide 5G services in roughly 12 markets by late 2018, with plans to offer the service to consumers while it trials 5G technology with businesses across all industries.Still, the panel of executives at CES remain skeptical that 5G would roll out for most Americans before late 2019 or 2020.
Paul Merrell

Epic Games accuses Google of bullying and bribing to block competition to its Android a... - 0 views

nsjonline.com/...ition-to-its-android-app-store

Google antitrust Epic-Games litigation

shared by Paul Merrell on 08 Nov 23 - No Cached
  • oogle on Monday confronted the second major U.S. antitrust trial in two months to cast the internet powerhouse as a brazen bully that uses its immense wealth and people’s dependence on one of its main products to stifle competition at consumers’ expense. The trial that opened in a San Francisco federal court targets the Google Play Store that distributes apps for the company’s Android software that powers virtually all the world’s smartphones that aren’t made by Apple. The case, stemming from a lawsuit filed by video game maker Epic Games, alleges Google has created an illegal monopoly on Android apps primarily so it can boost its profits through commissions ranging from 15% to 30% on purchases made within an app. “The result of what Google is doing is higher prices, lower quality and less choice for everybody,” Epic attorney Gary Bornstein said Monday during a 45-minute opening statement before the 10-person jury that will decide the case.
Paul Merrell

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

news.yahoo.com/;_ylt=AwrBJR4e65lTwmEAb7zQtDMD

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

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

Cox Lays Out Gigabit Roadmap | Light Reading - 0 views

www.lightreading.com/...709195

broadband roll-out gigabit ISP U.S. Cox

shared by Paul Merrell on 26 May 14 - No Cached
  • Following up on its announcement at The Cable Show last month, Cox Communications is now offering more detail on the company's pending rollout of gigabit broadband services throughout its territories. (See Cox Goes for a Gigabit .) Cox Communications Inc. is targeting Phoenix, Las Vegas, and Omaha as its first new gigabit markets and plans to begin deployments across its entire footprint by the end of 2016. In addition to residential home service, the company will offer gigabit connectivity to select condominiums and apartments and will expand WiFi service both in common areas of those multi-dwelling units (MDU) and in public locations across the Phoenix and Las Vegas metro areas. The announcement by Cox, the first major North American MSO to make a 1-Gig commitment throughout its footprint, follows a recent pattern of competitive announcements from broadband service providers. Typically, one operator introduces or says it will explore delivery of higher broadband speeds, and then other local providers rapidly follow suit. In February, for instance, Google Fiber Inc. said it would look at expanding fiber service to 34 new cities, including Phoenix, where it will compete against Cox for the first time. (See Google Fiber Shifts Into High Gear.)
  • At the same time, CenturyLink Inc. (NYSE: CTL) began offering gigabit service in Las Vegas last fall and in Omaha last May, putting Cox on the hot seat in those two markets as well. This isn't Cox's first venture into gigabit broadband service. In addition to providing gigabit connections to commercial customers, the operator started a fiber-to-the-home trial service in Orange County, Calif. last year. For the company's upcoming deployments, a spokesperson noted that Cox hasn't yet specified which technologies it will use, but said that it will rely on portions of Cox's existing network in addition to newer fiber infrastructure.
Paul Merrell

Prepare to Hang Up the Phone, Forever - WSJ.com - 0 views

online.wsj.com/...702303325204579465321638954500

telephone POTS wireless networking POTS-phase-out

shared by Paul Merrell on 30 Mar 14 - No Cached
  • At decade's end, the trusty landline telephone could be nothing more than a memory. Telecom giants AT&T T +0.31% AT&T Inc. U.S.: NYSE $35.07 +0.11 +0.31% March 28, 2014 4:00 pm Volume (Delayed 15m) : 24.66M AFTER HOURS $35.03 -0.04 -0.11% March 28, 2014 7:31 pm Volume (Delayed 15m): 85,446 P/E Ratio 10.28 Market Cap $182.60 Billion Dividend Yield 5.25% Rev. per Employee $529,844 03/29/14 Prepare to Hang Up the Phone, ... 03/21/14 AT&T Criticizes Netflix's 'Arr... 03/21/14 Samsung's Galaxy S5 Smartphone... More quote details and news » T in Your Value Your Change Short position and Verizon Communications VZ -0.57% Verizon Communications Inc. U.S.: NYSE $47.42 -0.27 -0.57% March 28, 2014 4:01 pm Volume (Delayed 15m) : 24.13M AFTER HOURS $47.47 +0.05 +0.11% March 28, 2014 7:59 pm Volume (Delayed 15m): 1.57M
  • The two providers want to lay the crumbling POTS to rest and replace it with Internet Protocol-based systems that use the same wired and wireless broadband networks that bring Web access, cable programming and, yes, even your telephone service, into your homes. You may think you have a traditional landline because your home phone plugs into a jack, but if you have bundled your phone with Internet and cable services, you're making calls over an IP network, not twisted copper wires. California, Florida, Texas, Georgia, North Carolina, Wisconsin and Ohio are among states that agree telecom resources would be better redirected into modern telephone technologies and innovations, and will kill copper-based technologies in the next three years or so. Kentucky and Colorado are weighing similar laws, which force people to go wireless whether they want to or not. In Mantoloking, N.J., Verizon wants to replace the landline system, which Hurricane Sandy wiped out, with its wireless Voice Link. That would make it the first entire town to go landline-less, a move that isn't sitting well with all residents.
  • New Jersey's legislature, worried about losing data applications such as credit-card processing and alarm systems that wireless systems can't handle, wants a one-year moratorium to block that switch. It will vote on the measure this month. (Verizon tried a similar change in Fire Island, N.Y., when its copper lines were destroyed, but public opposition persuaded Verizon to install fiber-optic cable.) It's no surprise that landlines are unfashionable, considering many of us already have or are preparing to ditch them. More than 38% of adults and 45.5% of children live in households without a landline telephone, says the Centers for Disease Control and Prevention. That means two in every five U.S. homes, or 39%, are wireless, up from 26.6% three years ago. Moreover, a scant 8.5% of households relied only on a landline, while 2% were phoneless in 2013. Metropolitan residents have few worries about the end of landlines. High-speed wire and wireless services are abundant and work well, despite occasional dropped calls. Those living in rural areas, where cell towers are few and 4G capability limited, face different issues.
  • ...2 more annotations...
  • Safety is one of them. Call 911 from a landline and the emergency operator pinpoints your exact address, down to the apartment number. Wireless phones lack those specifics, and even with GPS navigation aren't as precise. Matters are worse in rural and even suburban areas that signals don't reach, sometimes because they're blocked by buildings or the landscape. That's of concern to the Federal Communications Commission, which oversees all forms of U.S. communications services. Universal access is a tenet of its mission, and, despite the state-by-state degradation of the mandate, it's unwilling to let telecom companies simply drop geographically undesirable customers. Telecom firms need FCC approval to ax services completely, and can't do so unless there is a viable competitor to pick up the slack. Last year AT&T asked to turn off its legacy network, which could create gaps in universal coverage and will force people off the grid to get a wireless provider.
  • AT&T and the FCC will soon begin trials to explore life without copper-wired landlines. Consumers will voluntarily test IP-connected networks and their impact on towns like Carbon Hills, Ala., population 2,071. They want to know how households will reach 911, how small businesses will connect to customers, how people with medical-monitoring devices or home alarms know they will always be connected to a reliable network, and what the costs are. "We cannot be a nation of opportunity without networks of opportunity," said FCC Chairman Tom Wheeler in unveiling the plan. "This pilot program will help us learn how fiber might be deployed where it is not now deployed…and how new forms of wireless can reach deep into the interior of rural America."
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