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Gonzalo San Gil, PhD.

ISP: We're Not The Internet Piracy Police - TorrentFreak - 0 views

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    " Ernesto on August 2, 2016 C: 17 News Copyright holders in Sweden are pushing for tougher measures against online piracy, claiming that Internet providers generate hundreds of millions in profit from infringement. Local ISP Bahnhof rejects the claims as "pure nonsense" and says that they are not going to adopt the role of piracy police."
Gonzalo San Gil, PhD.

Fair Use Threatens Innovation, Copyright Holders Warn - TorrentFreak - 0 views

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    " Ernesto on July 8, 2016 C: 16 News Various music and movie industry groups have warned that fair use exceptions are a threat. The groups were responding to proposals put forward in Australia by the Government's Productivity Commission. They claim that content creators will be severely disadvantaged if fair use is introduced Down Under. "
Gonzalo San Gil, PhD.

Judge: IP-Address Does Not Prove Copyright Infringement | TorrentFreak - 1 views

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    "A federal judge in Washington has issued a key order in one of the many ongoing mass-BitTorrent piracy lawsuits in the United States. The judge ruled that a complaint from the "Elf-Man" movie studio is insufficient because the IP address evidence does not prove that an account holder is guilty of copyright infringement. "
Gary Edwards

The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commons | Cato Unbound - 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.
Gonzalo San Gil, PhD.

Startup Crunches 100 Terabytes of Data in a Record 23 Minutes | WIRED - 0 views

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    "There's a new record holder in the world of "big data." On Friday, Databricks-a startup spun out of the University California, Berkeley-announced that it has sorted 100 terabytes of data in a record 23 minutes using a number-crunching tool called Spark, eclipsing the previous record held by Yahoo and the popular big-data tool Hadoop."
Gonzalo San Gil, PhD.

German Film Distributor Issues Takedown Request Falsely Targeting IMDb, Reddit And Techdirt | Techdirt - 0 views

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    "And while it's rarely a concern for rights holders and content protection companies, they also owe it to the rest of the internet to do their best to avoid targeting legitimate URLs -- especially those that have absolutely nothing to do with the content being "protected" and are, as in the case of IMDb, sites that can actually increase sales. "
Gonzalo San Gil, PhD.

Changes to penalties for online copyright infringement - Consultations - GOV.UK - 0 views

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    "The proposed new measures will increase the sanctions for criminals who infringe the rights of copyright holders for large-scale financial gain and will make clear that online copyright infringement is no less serious than physical infringement. "
Gonzalo San Gil, PhD.

Bitdefender Blocks Anti-Piracy Website as Malware - TorrentFreak - 1 views

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    " rnesto on August 1, 2015 C: 8 Breaking Rightscorp, the piracy monetization company that works with Warner Bros and other prominent copyright holders, has had to deal with its fair share of setbacks recently. The company is publicly condemned for its "extortionist" practices and now anti-virus vendor Bitdefender has started to brand the company's website as malware. "
Gonzalo San Gil, PhD.

Pirate Site Blocking Delay Shows Lack of Urgency, Critics Say - TorrentFreak - 0 views

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    " Andy on August 4, 2015 C: 11 Breaking Copyright holders who demanded a rapid introduction of site-blocking legislation in Australia are coming under fire for not presenting their first cases quickly enough. Under intense pressure the country introduced a new legal framework in June but six weeks on and the first site-blocking complaint is said to remain at the "legal advice" stage."
Gonzalo San Gil, PhD.

Say It Ain't So, Woz: Steve Wozniak Says Patent Trolls Are Okay | Techdirt - 0 views

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    "from the too-bad dept Via Joe Mullin, we learn the rather unfortunate news that, when asked about Paul Allen's decision to sue lots of big tech companies over questionable patents, Wozniak comes out in favor of "patent trolls" and patent holders suing companies who actually innovate. "
Gonzalo San Gil, PhD.

Plenty of Ad Networks Still Love Pirate Sites - TorrentFreak - 0 views

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    " Ernesto on September 26, 2015 C: 0 News This week copyright holders applauded a 'groundbreaking' anti-piracy commitment from GroupM, the world's largest advertising media company. The announcement is the result of increasing efforts to ban advertisements on pirate sites. However, don't expect to see ads to disappear from The Pirate Bay and co. anytime soon."
Gonzalo San Gil, PhD.

U.S. Internet Provider Refuses to Expose Alleged Pirates | TorrentFreak - 1 views

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    " Ernesto on September 9, 2014 C: 16 Breaking Rightscorp, a prominent piracy monitoring firm that works with Warner Bros. and other copyright holders, wants Grande Communications to reveal the identities alleged pirates linked to 30,000 IP-addresses/timestamp combinations. Unlike other providers the Texas ISP refused to give in easily, instead deciding to fight the request in court." [ ...DMCA subpoenas are not allowed in file-sharing cases...]
Paul Merrell

WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ouster | National Security & Defense | McClatchy DC - 0 views

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

MPAA: Online Privacy Hurts Anti-Piracy Enforcement - TorrentFreak [# ! Note] - 0 views

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    " Ernesto on November 9, 2015 C: 89 Breaking The MPAA has submitted an overview of international "trade barriers" to the U.S. Government, which they see as harmful to the video and movie industries. Online privacy is listed as a serious problem, as it prevents copyright holders and local authorities from going after online pirates."
Gonzalo San Gil, PhD.

Pirate Bay Censorship Marks the End of Open Internet, ISP Warns - TorrentFreak - 0 views

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    " Andy on November 14, 2015 C: 15 News The ISP under legal pressure to block The Pirate Bay in Sweden has criticized efforts to make the provider an accomplice in other people's crimes. In a joint statement two key executives of Telenor / Bredbandsbolaget warn that folding to the wishes of private copyright holder interests could mark the beginning of the end for the open Internet"
Gonzalo San Gil, PhD.

Beware: Piracy Defense Lawyers Can Be "Trolls" Too - TorrentFreak [# ! Note] - 1 views

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    " Ernesto on February 8, 2016 C: 37 News Every month hundreds of people are sued for sharing copyrighted media through file-sharing networks, mostly BitTorrent. This practice is big business for copyright holders and lawyers alike. Unfortunately, however, not all defense attorneys appear to have the best interests of their clients at heart."
Gonzalo San Gil, PhD.

Google Asked to Remove 100,000 'Pirate Links' Every Hour - TorrentFreak - 0 views

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    Ernesto on March 6, 2016 C: 2 News Copyright holders are continuing to increase the number of pirate links they want Google to remove from its search results, which have now reached a record-breaking 100,000 reported URLs per hour. This remarkable milestone is more than double the number of pirated links that were reported around the same time last year.
Gonzalo San Gil, PhD.

Google Asked to Remove 1,500 "Pirate Links" Per Minute - TorrentFreak [# ! Note] - 0 views

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    " Ernesto on November 22, 2015 C: 43 News Google is facing a never-ending flood of takedown requests from copyright holders, breaking record after record. The company currently processes a record breaking 1,500 links to "pirate" pages from its search results every minute, which is a 100% increase compared to last year."
Gonzalo San Gil, PhD.

UK Anti-Piracy 'Education' Campaign Launched, Quietly - TorrentFreak [# ! Note] - 0 views

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    " Ernesto on December 1, 2015 C: 57 Opinion After a long wait the UK's broad anti-piracy effort operated by ISPs and copyright holders has finally launched. The UK Government-funded program aims to warn and educate illegal file-sharers in the hope of decreasing piracy rates over time, but thus far the response has been rather underwhelming."
Gonzalo San Gil, PhD.

No Pirate Bay Blockade in Sweden, Court Rules - TorrentFreak - 0 views

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    " Andy on November 27, 2015 C: 27 Breaking After deliberating for almost a month the Stockholm District Court has decided that copyright holders can not force a Swedish ISP to block the The Pirate Bay. The Court found that Bredbandsbolaget's operations do not amount to participation in the copyright infringement offenses carried out by some of its 'pirate' subscribers."
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