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Gonzalo San Gil, PhD.

European Commision vs Microsoft: chronology of the case - 1 views

fsfe.org/...timeline.en.html

EC European Comission case against antitrust chronology microsoft european commmission europe technology

shared by Gonzalo San Gil, PhD. on 14 Nov 16 - No Cached
  • Gonzalo San Gil, PhD. on 14 Nov 16
     
    "1998 Sun complains to the EC on Microsoft's dominant position as a supplier of operating systems for personal computers. 02/2000 EC launches investigation on Microsoft's anti-competitive conduct ("Case No. COMP/C-3/37.792"). Two main issues are under investigation: (1) lack of interoperability information, and (2) incorporation of Windows Media Player with the Windows operating system."
  • Paul Merrell on 14 Nov 16
     
    EC v. Microsoft was a landmark advance in the law governing software interoperability. In the preceding case in the U.S., the courts refused to set a standard for the degree of "compatibility" that Microsoft would have to provide competitors. Forewarned, the DG Competition prosecutors had done their homework. Commission v. Microsoft, No. T-167/08, European Community Court of First Instance (Grand Chamber Judgment of 17 September, 2007), para. 230, 374, 421, http://preview.tinyurl.com/chsdb4w (rejecting Microsoft's argument that "interoperability" has a 1-way rather than 2-way meaning; information technology specifications must be disclosed with sufficient specificity to place competitors on an "equal footing" with Mictrosoft's own software in regard to interoperability; "the 12th recital to Directive 91/250 defines interoperability as 'the ability to exchange information and mutually to use the information which has been exchanged'").
Gonzalo San Gil, PhD.

conflict situationJoint Declaration on Freedom of Expression and Responses to Conflict situation | Article 19 - 1 views

www.article19.org/...esponses-to-conflict-situation

joint declaration freedom expression response conflict

shared by Gonzalo San Gil, PhD. on 31 Mar 16 - No Cached
  • Gonzalo San Gil, PhD. on 31 Mar 16
     
    "1. Scope of the Joint Declaration This Joint Declaration addresses systematic or targeted attacks on freedom of expression which are aimed at silencing certain perspectives or voices, whether internationally, nationally or locally, and State responses to such attacks. Such attacks are perpetrated in different contexts, including of international and non-international armed conflicts, terrorist attacks and widespread organised crime. 2. General Principles a) States have a direct responsibility under international human rights law to respect freedom of expression and they are also under a positive obligation to take effective measures to protect freedom of expression against attacks by third parties, including by ensuring accountability for any attacks on those exercising their right to freedom of expression and by raising awareness about the importance of freedom of expression. ..."
Gonzalo San Gil, PhD.

ACTA: Total Victory for Citizens and Democracy! | La Quadrature du Net - 0 views

www.laquadrature.net/...ory-for-citizens-and-democracy

acta citizens victory net democracy Internet

shared by Gonzalo San Gil, PhD. on 06 Jul 12 - No Cached
  • Gonzalo San Gil, PhD. on 06 Jul 12
     
    [Submitted on 4 Jul 2012 - 10:40 ACTA Karel De Gucht press release Printer-friendly version Send by email Français Strasbourg, July 4th 2012 - The European Parliament rejected ACTA1 by a huge majority, killing it for good. This is a major victory for the multitude of connected citizens and organizations who worked hard for years, but also a great hope on a global scale for a better democracy. On the ruins of ACTA we must now build a positive copyright reform2, taking into account our rights instead of attacking them. The ACTA victory must resonate as a wake up call for lawmakers: Fundamental freedoms as well as the free and open Internet must prevail over private interests. ...]
Gonzalo San Gil, PhD.

How to choose a license for your open source project | opensource.com - 1 views

opensource.com/...ould-i-use-open-source-project

how to license open source source project opensource com copyleft

shared by Gonzalo San Gil, PhD. on 28 Jan 14 - No Cached
  • Gonzalo San Gil, PhD. on 28 Jan 14
     
    "The open source license you choose for your project, or for the projects you choose to contribute to, can have significant effects on how what you contribute is used. One question that has garnered quite a bit of interest recently is the fall in popularity of copyleft licenses in favor of permissive licenses. An article last year looked at the issue of large number of projects on GitHub that have no explicit license and posited the question about whether we live in a 'post open source software' world, where seemingly open source software has no license. After some time, GitHub agreed that licensing is important and worked to improve the situation with a license chooser."
Gonzalo San Gil, PhD.

European Commission Public Consultation on Copyright: La Quadrature du Net's Answer | La Quadrature du Net - 0 views

www.laquadrature.net/...t-la-quadrature-du-nets-answer

european commission public consultation copyright answer Quadrature

shared by Gonzalo San Gil, PhD. on 14 Feb 14 - No Cached
  • Gonzalo San Gil, PhD. on 14 Feb 14
     
    "Paris, 14 February 2014 - The European Commission's public consultation on copyright reform is open until 5 March [The European Commission extended the deadline by a month]. This consultation represents an important opportunity for European citizens to demand that access to culture and knowledge be recognised as their fundamental right. It also allows the interests of authors and creators to be defended against those of the cultural industries, major distributors and intermediaries, and heirs of rightholders who currently receive the greatest share of income from copyrighted works. La Quadrature du Net therefore calls on the maximum number of citizens and organisations to reply to the consultation and support a positive reform of copyright."
Paul Merrell

Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

thecable.foreignpolicy.com/...line_privacy_rights_everywhere

surveillance state NSA NSA-blowback UN digital-privacy human rights

shared by Paul Merrell on 22 Nov 13 - No Cached
  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
  • ...6 more annotations...
  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
  • Paul Merrell on 22 Nov 13
     
    Woo-hoo! Go get'em, U.N.
Gary Edwards

Can C.E.O. Satya Nadella Save Microsoft? | Vanity Fair - 0 views

www.vanityfair.com/...-gates-steve-ballmer-microsoft

Microsoft-Cloud

shared by Gary Edwards on 09 Oct 14 - No Cached
  • he new world of computing is a radical break from the past. That’s because of the growth of mobile devices and cloud computing. In the old world, corporations owned and ran Windows P.C.’s and Window servers in their own facilities, with the necessary software installed on them. Everyone used Windows, so everything was developed for Windows. It was a virtuous circle for Microsoft.
  • Now the processing power is in the cloud, and very sophisticated applications, from e-mail to tools you need to run a business, can be run by logging onto a Web site, not from pre-installed software. In addition, the way we work (and play) has shifted from P.C.’s to mobile devices—where Android and Apple’s iOS each outsell Windows by more than 10 to 1. Why develop software to run on Windows if no one is using Windows? Why use Windows if nothing you want can run on it? The virtuous circle has turned vicious.
  • Part of why Microsoft failed with devices is that competitors upended its business model. Google doesn’t charge for the operating system. That’s because Google makes its money on search. Apple can charge high prices because of the beauty and elegance of its devices, where the software and hardware are integrated in one gorgeous package. Meanwhile, Microsoft continued to force outside manufacturers, whose products simply weren’t as compelling as Apple’s, to pay for a license for Windows. And it didn’t allow Office to be used on non-Windows phones and tablets. “The whole philosophy of the company was Windows first,” says Heather Bellini, an analyst at Goldman Sachs. Of course it was: that’s how Microsoft had always made its money.
  • ...18 more annotations...
  • Right now, Windows itself is fragmented: applications developed for one Windows device, say a P.C., don’t even necessarily work on another Windows device. And if Microsoft develops a new killer application, it almost has to be released for Android and Apple phones, given their market dominance, thereby strengthening those eco-systems, too.
  • At its core, Azure uses Windows server technology. That helps existing Windows applications run seamlessly on Azure. Technologists sometimes call what Microsoft has done a “hybrid cloud” because companies can use Azure alongside their pre-existing on-site Windows servers. At the same time, Nadella also to some extent has embraced open-source software—free code that doesn’t require a license from Microsoft—so that someone could develop something using non-Microsoft technology, and it would run on Azure. That broadens Azure’s appeal.
  • “In some ways the way people think about Bill and Steve is almost a Rorschach test.” For those who romanticize the Gates era, Microsoft’s current predicament will always be Ballmer’s fault. For others, it’s not so clear. “He left Steve holding a big bag of shit,” the former executive says of Gates. In the year Ballmer officially took over, Microsoft was found to be a predatory monopolist by the U.S. government and was ordered to split into two; the cost of that to Gates and his company can never be calculated. In addition, the dotcom bubble had burst, causing Microsoft stock to collapse, which resulted in a simmering tension between longtime employees, whom the company had made rich, and newer ones, who had missed the gravy train.
  • Nadella lived this dilemma because his job at Microsoft included figuring out the cloud-based future while maintaining the highly profitable Windows server business. And so he did a bunch of things that were totally un-Microsoft-like. He went to talk to start-ups to find out why they weren’t using Microsoft. He put massive research-and-development dollars behind Azure, a cloud-based platform that Microsoft had developed in Skunk Works fashion, which by definition took resources away from the highly profitable existing business.
  • They even have a catchphrase: “Re-inventing productivity.”
  • Microsoft’s historical reluctance to open Windows and Office is why it was such a big deal when in late March, less than two months after becoming C.E.O., Nadella announced that Microsoft would offer Office for Apple’s iPad. A team at the company had been working on it for about a year. Ballmer says he would have released it eventually, but Nadella did it immediately. Nadella also announced that Windows would be free for devices smaller than nine inches, meaning phones and small tablets. “Now that we have 30 million users on the iPad using it, that is 30 million people who never used Office before [on an iPad,]” he says. “And to me that’s what really drives us.” These are small moves in some ways, and yet they are also big. “It’s the first time I have listened to a senior Microsoft executive admit that they are behind,” says one institutional investor. “The fact that they are giving away Windows, their bread and butter for 25 years—it is quite a fundamental change.”
  • And whoever does the best job of building the right software experiences to give both organizations and individuals time back so that they can get more out of their time, that’s the core of this company—that’s the soul. That’s what Bill started this company with. That’s the Office franchise. That’s the Windows franchise. We have to re-invent them. . . . That’s where this notion of re-inventing productivity comes from.”
  • Ballmer might be a complicated character, but he has nothing on Gates, whose contradictions have long fascinated Microsoft-watchers. He is someone who has no problem humiliating individuals—he might not even notice—but who genuinely cares deeply about entire populations and is deeply loyal. He is generous in the biggest ways imaginable, and yet in small things, like picking up a lunch tab, he can be shockingly cheap. He can’t make small talk and can come across as totally lacking in E.Q. “The rules of human life that allow you to get along are not complicated,” says one person who knows Gates. “He could write a book on it, but he can’t do it!”
  • At the Microsoft board meeting in late June 2013, Ballmer announced he had a handshake deal with Nokia’s management to buy the company, pending the Microsoft board’s approval, according to a source close to the events. Ballmer thought he had it and left before the post-board-meeting dinner to attend his son’s middle-school graduation. When he came back the next day, he found that the board had pulled a coup: they informed him they weren’t doing the deal, and it wasn’t up for discussion. For Ballmer, it seems, the unforgivable thing was that Gates had been part of the coup, which Ballmer saw as the ultimate betrayal.
  • what is scarce in all of this abundance is human attention
  • And the original idea of having great software people and broad software products and Office being the primary tool that people look to across all these devices, that’ s as true today and as strong as ever.”
  • Meeting Room Plus
  • But he combines that with flashes of insight and humor that leave some wondering whether he can’t do it or simply chooses not to, or both. His most pronounced characteristic shouldn’t be simply labeled a competitive streak, because it is really a fierce, deep need to win. The dislike it bred among his peers in the industry is well known—“Silicon Bully” was the title of an infamous magazine story about him. And yet he left Microsoft for the philanthropic world, where there was no one to bully, only intractable problems to solve.
  • “The Irrelevance of Microsoft” is actually the title of a blog post by an analyst named Benedict Evans, who works at the Silicon Valley venture-capital firm Andreessen Horowitz. On his blog, Evans pointed out that Microsoft’s share of all computing devices that we use to connect to the Internet, including P.C.’s, phones, and tablets, has plunged from 90 percent in 2009 to just around 20 percent today. This staggering drop occurred not because Microsoft lost ground in personal computers, on which its software still dominates, but rather because it has failed to adapt its products to smartphones, where all the growth is, and tablets.
  • The board told Ballmer they wanted him to stay, he says, and they did eventually agree to a slightly different version of the deal. In September, Microsoft announced it was buying Nokia’s devices-and-services business for $7.2 billion. Why? The board finally realized the downside: without Nokia, Microsoft was effectively done in the smartphone business. But, for Ballmer, the damage was done, in more ways than one. He now says it became clear to him that despite the lack of a new C.E.O. he couldn’t stay. Cultural change, he decided, required a change at the top, and, he says,“there was too much water under the bridge with this board.” The feeling was mutual. As a source close to Microsoft says, no one, including Gates, tried to stop him from quitting.
  • in Wall Street’s eyes, Nadella can do no wrong. Microsoft’s stock has risen 30 percent since he became C.E.O., increasing its market value by $87 billion. “It’s interesting with Satya,” says one person who observes him with investors. “He is not a business guy or a financial analyst, but he finds a common language with investors, and in his short tenure, they leave going, Wow.” But the honeymoon is the easy part.
  • “He was so publicly and so early in life defined as the brilliant guy,” says a person who has observed him. “Anything that threatens that, he becomes narcissistic and defensive.” Or as another person puts it, “He throws hissy fits when he doesn’t get his way.”
  • round three-quarters of Microsoft’s profits come from the two fabulously successful products on which the company was built: the Windows operating system, which essentially makes personal computers run, and Office, the suite of applications that includes Word, Excel, and PowerPoint. Financially speaking, Microsoft is still extraordinarily powerful. In the last 12 months the company reported sales of $86.83 billion and earnings of $22.07 billion; it has $85.7 billion of cash on its balance sheet. But the company is facing a confluence of threats that is all the more staggering given Microsoft’s sheer size. Competitors such as Google and Apple have upended Microsoft’s business model, making it unclear where Windows will fit in the world, and even challenging Office. In the Valley, there are two sayings that everyone regards as truth. One is that profits follow relevance. The other is that there’s a difference between strategic position and financial position. “It’s easy to be in denial and think the financials reflect the current reality,” says a close observer of technology firms. “They do not.”
  • Gary Edwards on 09 Oct 14
     
    Awesome article describing the history of Microsoft as seen through the lives of it's three CEO's: Bill Gates, Steve Ballmer and Satya Nadella
Gonzalo San Gil, PhD.

EU plans to destroy net neutrality by allowing Internet fast lanes | Ars Technica - 0 views

arstechnica.com/...y-allowing-internet-fast-lanes

EU plans destroy Internet www web allowing fast lakes for money kill net neutrality

shared by Gonzalo San Gil, PhD. on 26 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 26 Aug 15
     
    "A two-tier Internet will be created in Europe as the result of a late-night "compromise" between the European Commission, European Parliament and the EU Council. The so-called "trilogue" meeting to reconcile the different positions of the three main EU institutions saw telecom companies gaining the right to offer "specialised services" on the Internet. These premium services will create a fast lane on the Internet and thus destroy net neutrality, which requires that equivalent traffic is treated in the same way."
Gonzalo San Gil, PhD.

Spanish Government Claims Success in Internet Piracy Fight - TorrentFreak - 0 views

torrentfreak.com/n-internet-piracy-fight-150728

spanish government claims success internet piracy fight run-up propaanda

shared by Gonzalo San Gil, PhD. on 28 Jul 15 - No Cached
  • Gonzalo San Gil, PhD. on 28 Jul 15
     
    " Andy on July 28, 2015 C: 25 News The Spanish government says it's making headway in its battle against online piracy. In a report issued by the Ministry of Education, Culture and Sports, the government claims that illegal downloads are down, with 247 sites responding positively to copyright complaints and 31 shutting down completely."
Gonzalo San Gil, PhD.

David Guetta: Piracy Brings Fans to My Concerts | TorrentFreak - 0 views

torrentfreak.com/ngs-fans-to-my-concerts-150706

David Guetta DJ artist piracy brings fans concerts

shared by Gonzalo San Gil, PhD. on 06 Jul 15 - No Cached
  • Gonzalo San Gil, PhD. on 06 Jul 15
     
    " Ernesto on July 6, 2015 C: 17 News For more than a decade piracy has been a hot topic in the music industry. While some of the major labels have tried to eliminate the problem by taking pirates to court, others prefer a more positive approach. DJ and producer David Guetta says that the industry should embrace piracy, noting that it helps him to sell out concerts."
Paul Merrell

Eric Holder: The Justice Department could strike deal with Edward Snowden - 0 views

www.yahoo.com/...could-strike-123393663066.html

surveillance state Snowden charges plea-deal Holder

shared by Paul Merrell on 07 Jul 15 - No Cached
  • Eric Holder: The Justice Department could strike deal with Edward SnowdenMichael IsikoffChief Investigative CorrespondentJuly 6, 2015Former U.S. Attorney General Eric Holder. (Photo: Olivier Douliery-Pool/Getty) Former Attorney General Eric Holder said today that a “possibility exists” for the Justice Department to cut a deal with former NSA contractor Edward Snowden that would allow him to return to the United States from Moscow. In an interview with Yahoo News, Holder said “we are in a different place as a result of the Snowden disclosures” and that “his actions spurred a necessary debate” that prompted President Obama and Congress to change policies on the bulk collection of phone records of American citizens. Asked if that meant the Justice Department might now be open to a plea bargain that allows Snowden to return from his self-imposed exile in Moscow, Holder replied: “I certainly think there could be a basis for a resolution that everybody could ultimately be satisfied with. I think the possibility exists.”
  • But his remarks to Yahoo News go further than any current or former Obama administration official in suggesting that Snowden’s disclosures had a positive impact and that the administration might be open to a negotiated plea that the self-described whistleblower could accept, according to his lawyer Ben Wizner.
  • It’s also not clear whether Holder’s comments signal a shift in Obama administration attitudes that could result in a resolution of the charges against Snowden. Melanie Newman, chief spokeswoman for Attorney General Loretta Lynch, Holder’s successor, immediately shot down the idea that the Justice Department was softening its stance on Snowden. “This is an ongoing case so I am not going to get into specific details but I can say our position regarding bringing Edward Snowden back to the United States to face charges has not changed,” she said in an email.
  • ...1 more annotation...
  • Three sources familiar with informal discussions of Snowden’s case told Yahoo News that one top U.S. intelligence official, Robert Litt, the chief counsel to Director of National Intelligence James Clapper, recently privately floated the idea that the government might be open to a plea bargain in which Snowden returns to the United States, pleads guilty to one felony count and receives a prison sentence of three to five years in exchange for full cooperation with the government.
Gonzalo San Gil, PhD.

Intellectual Property? Why Words Matter In The Copyright Debate - TorrentFreak - 0 views

torrentfreak.com/in-the-copyright-debate-150913

intellectual property words matter copyright debate Falkvinge

shared by Gonzalo San Gil, PhD. on 14 Sep 15 - No Cached
  • Gonzalo San Gil, PhD. on 14 Sep 15
     
    " Rick Falkvinge on September 13, 2015 C: 53 Opinion Language matters. Whether we get to keep our liberties or not depends on whether those liberties are generally named in positive words. The same thing goes for the privileges of corporations."
Paul Merrell

Google Chrome Listening In To Your Room Shows The Importance Of Privacy Defense In Depth - 0 views

www.privateinternetaccess.com/...ce-of-privacy-defense-in-depth

surveillance state Google-Chrome Chromium audio-surveillance digital-surveillance

shared by Paul Merrell on 23 Jun 15 - No Cached
  • Yesterday, news broke that Google has been stealth downloading audio listeners onto every computer that runs Chrome, and transmits audio data back to Google. Effectively, this means that Google had taken itself the right to listen to every conversation in every room that runs Chrome somewhere, without any kind of consent from the people eavesdropped on. In official statements, Google shrugged off the practice with what amounts to “we can do that”.It looked like just another bug report. "When I start Chromium, it downloads something." Followed by strange status information that notably included the lines "Microphone: Yes" and "Audio Capture Allowed: Yes".
  • Without consent, Google’s code had downloaded a black box of code that – according to itself – had turned on the microphone and was actively listening to your room.A brief explanation of the Open-source / Free-software philosophy is needed here. When you’re installing a version of GNU/Linux like Debian or Ubuntu onto a fresh computer, thousands of really smart people have analyzed every line of human-readable source code before that operating system was built into computer-executable binary code, to make it common and open knowledge what the machine actually does instead of trusting corporate statements on what it’s supposed to be doing. Therefore, you don’t install black boxes onto a Debian or Ubuntu system; you use software repositories that have gone through this source-code audit-then-build process. Maintainers of operating systems like Debian and Ubuntu use many so-called “upstreams” of source code to build the final product.Chromium, the open-source version of Google Chrome, had abused its position as trusted upstream to insert lines of source code that bypassed this audit-then-build process, and which downloaded and installed a black box of unverifiable executable code directly onto computers, essentially rendering them compromised. We don’t know and can’t know what this black box does. But we see reports that the microphone has been activated, and that Chromium considers audio capture permitted.
  • This was supposedly to enable the “Ok, Google” behavior – that when you say certain words, a search function is activated. Certainly a useful feature. Certainly something that enables eavesdropping of every conversation in the entire room, too.Obviously, your own computer isn’t the one to analyze the actual search command. Google’s servers do. Which means that your computer had been stealth configured to send what was being said in your room to somebody else, to a private company in another country, without your consent or knowledge, an audio transmission triggered by… an unknown and unverifiable set of conditions.Google had two responses to this. The first was to introduce a practically-undocumented switch to opt out of this behavior, which is not a fix: the default install will still wiretap your room without your consent, unless you opt out, and more importantly, know that you need to opt out, which is nowhere a reasonable requirement. But the second was more of an official statement following technical discussions on Hacker News and other places. That official statement amounted to three parts (paraphrased, of course):
  • ...4 more annotations...
  • 1) Yes, we’re downloading and installing a wiretapping black-box to your computer. But we’re not actually activating it. We did take advantage of our position as trusted upstream to stealth-insert code into open-source software that installed this black box onto millions of computers, but we would never abuse the same trust in the same way to insert code that activates the eavesdropping-blackbox we already downloaded and installed onto your computer without your consent or knowledge. You can look at the code as it looks right now to see that the code doesn’t do this right now.2) Yes, Chromium is bypassing the entire source code auditing process by downloading a pre-built black box onto people’s computers. But that’s not something we care about, really. We’re concerned with building Google Chrome, the product from Google. As part of that, we provide the source code for others to package if they like. Anybody who uses our code for their own purpose takes responsibility for it. When this happens in a Debian installation, it is not Google Chrome’s behavior, this is Debian Chromium’s behavior. It’s Debian’s responsibility entirely.3) Yes, we deliberately hid this listening module from the users, but that’s because we consider this behavior to be part of the basic Google Chrome experience. We don’t want to show all modules that we install ourselves.
  • If you think this is an excusable and responsible statement, raise your hand now.Now, it should be noted that this was Chromium, the open-source version of Chrome. If somebody downloads the Google product Google Chrome, as in the prepackaged binary, you don’t even get a theoretical choice. You’re already downloading a black box from a vendor. In Google Chrome, this is all included from the start.This episode highlights the need for hard, not soft, switches to all devices – webcams, microphones – that can be used for surveillance. A software on/off switch for a webcam is no longer enough, a hard shield in front of the lens is required. A software on/off switch for a microphone is no longer enough, a physical switch that breaks its electrical connection is required. That’s how you defend against this in depth.
  • Of course, people were quick to downplay the alarm. “It only listens when you say ‘Ok, Google’.” (Ok, so how does it know to start listening just before I’m about to say ‘Ok, Google?’) “It’s no big deal.” (A company stealth installs an audio listener that listens to every room in the world it can, and transmits audio data to the mothership when it encounters an unknown, possibly individually tailored, list of keywords – and it’s no big deal!?) “You can opt out. It’s in the Terms of Service.” (No. Just no. This is not something that is the slightest amount of permissible just because it’s hidden in legalese.) “It’s opt-in. It won’t really listen unless you check that box.” (Perhaps. We don’t know, Google just downloaded a black box onto my computer. And it may not be the same black box as was downloaded onto yours. )Early last decade, privacy activists practically yelled and screamed that the NSA’s taps of various points of the Internet and telecom networks had the technical potential for enormous abuse against privacy. Everybody else dismissed those points as basically tinfoilhattery – until the Snowden files came out, and it was revealed that precisely everybody involved had abused their technical capability for invasion of privacy as far as was possible.Perhaps it would be wise to not repeat that exact mistake. Nobody, and I really mean nobody, is to be trusted with a technical capability to listen to every room in the world, with listening profiles customizable at the identified-individual level, on the mere basis of “trust us”.
  • Privacy remains your own responsibility.
  • Paul Merrell on 23 Jun 15
     
    And of course, Google would never succumb to a subpoena requiring it to turn over the audio stream to the NSA. The Tor Browser just keeps looking better and better. https://www.torproject.org/projects/torbrowser.html.en
Paul Merrell

News - Antitrust - Competition - European Commission - 0 views

ec.europa.eu/...news.html

antitrust Google European Commission DG Competition Android comarison-shopping-search

shared by Paul Merrell on 17 Apr 15 - No Cached
  • 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
  • Paul Merrell on 17 Apr 15
     
    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.

How to Overcome the Shortcomings of Automated Sentiment Analysis - 0 views

www.cyberalert.com/...analysts-for-media-measurement

how to automated sentiment analysis overcome sortcomings

shared by Gonzalo San Gil, PhD. on 05 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 05 Aug 15
     
    "Automated sentiment analysis software that grades news articles and social media posts as positive, negative or neutral is becoming more popular in media measurement for public relations and marketing."
Gary Edwards

Does your OS matter in a cloud? | It's the Business Process - not the Application! | TalkBack on ZDNet - 0 views

talkback.zdnet.com/5208-10535-0.html

cloud-computing msoffice webkit xaml

shared by Gary Edwards on 04 Aug 08 - Cached
  • Gary Edwards on 04 Aug 08
     
    The question proposed is tha tof how OSS will be impacted by SaaS and Cloud Computing? My position, as stated in this reply, is that OSS will become even more important going forward. The comment includes WebKit, XAML, Client/Server, and the great transition to Client/ Web-Stack /server models.
Gary Edwards

Cocoa for Windows + Flash RiA Killer = SproutCore JavaScript Framework - RoughlyDrafted Magazine - 0 views

www.roughlydrafted.com/...indows-flash-killer-sproutcore

apple framework javascript ria webkit

shared by Gary Edwards on 18 Jun 08 - Cached
  • SproutCore brings the values of Leopard’s Cocoa to the web, domesticating JavaScript into a functional application platform with lots of free built-in support for desktop features. Being based on open web standards and being open source itself means SproutCore will enable developers to develop cross platform applications without being tied to either a plugin architecture or its vendor. Sitting on top of web standards will also make it easy for Apple and the community to push SproutCore ahead without worrying about incompatible changes to the underlying layers of Windows, a significant problem for the old Yellow Box or some new Cocoa analog. SproutCore also lives in a well known security context, preventing worries about unknown holes being opened up by a new runtime layer.
  • Gary Edwards on 18 Jun 08
     
    The story of Javascript and the browser as a RiA competitor continues to unfold. This lengthy summation from roughlydrafed is perhaps the best discussion 'i've ever seen of technologies that will drive the Future of the Open Web. Roughly believes that Apple and Google are fighting for an Open Web Future, with Adobe and Microsoft RiA jousting for a broken web where they dominate the application development. For usre the web is moving to become an application platform. The question is one of who will own the dominant API, and be in position to impose a global platform tax. This is a great summary demanding a careful read. It also confirms my belief that the WebKit layout and document model is the way forward. It's by far and away the best (X)HTML-CSS-DOM-JavaScript model out there. The W3C alternatives do not include JavaScript, and that pretty much seals their fate. And while there are many JavaScript libraries and frameworks to chose from, i would pay close attention to three initiatives: WebKit SproutCore, Gecko jQuery, and Google GWT. ~ge~
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Gary Edwards

Ajaxian » In Praise of Evolvable Systems - 0 views

ajaxian.com/...in-praise-of-evolvable-systems

standards w3c web webkit

shared by Gary Edwards on 30 Aug 08 - Cached
  • Gary Edwards on 30 Aug 08
     
    "Why something as poorly designed as the Web became The Next Big Thing, and what that means for the future." Well designed but "fixed" systems were over taken by the evolvable but poorly designed Web. I'm wonderig if these same "evolving" principles apply to standard organizations? Put WebKit up against the standard orgs in charge of key WebKit components, and you see clearly that WebKit would fail misably if they stuck to the hapless efforts of the W3C, Ecma and ISO. Besides the fact that entrenched players such as Microsoft are sitting on those standards orgs in position to dumb down or put into terminal stall much needed innovations. For instance, WebKit deepneds on HTML5, CSS3, SVG, and JavaScript. All of which are stalled at various standards orgs. As a reaction to this org stall, the WebKit group pushes forward anyway relying instead on OSS Community style innovation and consensus model sharing.
Gary Edwards

Apple's extensions: Good or bad for the open web? | Fyrdility - 0 views

a.deveria.com/?p=225

webkit safari apple microsoft interoperability

shared by Gary Edwards on 19 Mar 09 - Cached
  • Gary Edwards on 19 Mar 09
     
    Fyrdility asks the question; when it comes to the future of the Open Web, is Apple worse than Microsoft? He laments the fact that Apple pushes forward with innovations that have yet to be discussed by the great Web community. Yes, they faithfully submit these extensions and innovations back to the W3C as open standards proposals, but there is no waiting around for discussion or judgement. Apple is on a mission.

    IMHO, what Apple and the WebKit community do is not that much different from the way GPL based open source communities work, except that Apple works without the GPL guarantee. The WebKit innovations and extensions are similar to GPL forks in the shared source code; done in the open, contributed back to the community, with the community responsible for interoperability going forward.

    There are good forks and there are not so good forks. But it's not always a technology-engineering discussion that drives interop. sometimes it's marketshare and user uptake that carry the day. And indeed, this is very much the case with Apple and the WebKit community. The edge of the Web belongs to WebKit and the iPhone. The "forks" to the Open Web source code are going to weigh heavy on concerns for interop with the greater Web.

    One thing Fyrdility fails to recognize is the importance of the ACiD3 test to future interop. Discussion is important, but nothing beats the leveling effect of broadly measuring innovation for interop - and doing so without crippling innovation.

    "......Apple is heavily involved in the W3C and WHATWG, where they help define specifications. They are also well-known for implementing many unofficial CSS extensions, which are subsequently submitted for standardization. However, Apple is also known for preventing its representatives from participating in panels such as the annual Browser Wars panels at SXSW, which expresses a much less cooperative position...."
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

europa.eu/...pressReleasesAction.do

Microsoft DG Competition antitrust MSIE tying Opera Windows

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