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Gonzalo San Gil, PhD.

Old Music Business Is Yelling at New Music Business Again - 0 views

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    "We've seen it time and time again. Old business heads who cling to the past and have no vision for the future. They know what the music business was in (what they think were) the glory days and desperately are trying to return to that era. Make the music business great again!"
Paul Merrell

Internet users raise funds to buy lawmakers' browsing histories in protest | TheHill - 0 views

  • House passes bill undoing Obama internet privacy rule House passes bill undoing Obama internet privacy rule TheHill.com Mesmerizing Slow-Motion Lightning Celebrate #NationalPuppyDay with some adorable puppies on Instagram 5 plants to add to your garden this Spring House passes bill undoing Obama internet privacy rule Inform News. Coming Up... Ed Sheeran responds to his 'baby lookalike' margin: 0px; padding: 0px; borde
  • Great news! The House just voted to pass SJR34. We will finally be able to buy the browser history of all the Congresspeople who voted to sell our data and privacy without our consent!” he wrote on the fundraising page.Another activist from Tennessee has raised more than $152,000 from more than 9,800 people.A bill on its way to President Trump’s desk would allow internet service providers (ISPs) to sell users’ data and Web browsing history. It has not taken effect, which means there is no growing history data yet to purchase.A Washington Post reporter also wrote it would be possible to buy the data “in theory, but probably not in reality.”A former enforcement bureau chief at the Federal Communications Commission told the newspaper that most internet service providers would cover up this information, under their privacy policies. If they did sell any individual's personal data in violation of those policies, a state attorney general could take the ISPs to court.
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.

Google DMCA Notice Record Smashed Again - But Why? - TorrentFreak - 1 views

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    " Andy on September 6, 2015 C: 17 Breaking Despite scaling dizzy heights in recent months, the record for DMCA notices being sent to Google's search engine has been smashed again. In a single week Google just processed a mind-boggling 13.68 million URLs, or to put it another way, almost 23 copyright complaints every second. So what's behind the massive surge?"
Gonzalo San Gil, PhD.

This Email Shows Google And NSA's Close Working Relationship - 1 views

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    "If Google wasn't cooperating with the National Security Agency's spying program, as the company has vehemently claimed again and again, why were the guys in charge of each organization emailing so much in 2011 and 2012? "
Gonzalo San Gil, PhD.

Fans Aren't Going To Pay For Music Anymore. And That's Ok. - Digital Music NewsDigital Music News - 0 views

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    "It's almost a rite of passage every artist goes through in the modern music industry. The moment he accepts that he will not be able to rely on music sales to sustain his career. That people are not buying music like they used to. And never will again."
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    "It's almost a rite of passage every artist goes through in the modern music industry. The moment he accepts that he will not be able to rely on music sales to sustain his career. That people are not buying music like they used to. And never will again."
Gonzalo San Gil, PhD.

MPAA Links Online Piracy to Obama's Cybersecurity Plan | TorrentFreak [# ! + Note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # Again, gnarled 'Authorities, linking -falsely, of course- sharing with any kind of 'threats'... (since 2001 http://www.salon.com/2001/09/26/osama_bin_napster/ and, of course, earlier references -from echdirt, for example, "Seriously: Where Is The Link Between Copyright Infringement And Terrorism/Organized Crime" https://www.techdirt.com/articles/20100129/0630057974.shtml)
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    [ Ernesto on January 14, 2015 C: 0 News Hoping to deter and stop the ongoing threat of 'cyber' attacks President Obama unveiled new cybersecurity plans yesterday. While the plans don't reference copyright infringement, the MPAA notes that Congress should keep online piracy in mind as it drafts its new cybersecurity bill. ] # Again, gnarled 'Authorities, linking -falsely, of course- sharing with any kind of 'threats'... (since 2001: Peer-to-peer terrorism http://www.salon.com/2001/09/26/osama_bin_napster/ and, of course, earlier references -from Techdirt, for example, "Seriously: Where Is The Link Between Copyright Infringement And Terrorism/Organized Crime" https://www.techdirt.com/articles/20100129/0630057974.shtml)
Gonzalo San Gil, PhD.

Techdirt Reading List: The Idealist: Aaron Swartz And The Rise Of Free Culture On The Internet | Techdirt - 0 views

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    "from the free-culture-matters dept We're back again with another in our weekly reading list posts of books we think our community will find interesting and thought provoking. Once again, buying the book via the Amazon links in this story also helps support Techdirt. "
Gonzalo San Gil, PhD.

Appeals Court Tells Government It Must Extend Educational Institution FOIA Fee Price Break To Students | Techdirt - 0 views

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    "The perennial FOIA Reform Masquerade Ball is again under way, with legislators attempting to dodge blustery requests to "cut in" by administration officials and similarly-motivated federal agencies. The dance usually ends with Congressional committee chairmen yanking needles from records and booting everyone out of the dancehall. Meanwhile, limited headway is being made in another branch of the government, far from the muffled protests of overwhelming majorities who have been shouted down by parties of one. The DC Appeals Court has just ruled that the government must extend its FOIA fee discounts to students at educational institutions, rather than just to instructors and administration. "
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    "The perennial FOIA Reform Masquerade Ball is again under way, with legislators attempting to dodge blustery requests to "cut in" by administration officials and similarly-motivated federal agencies. The dance usually ends with Congressional committee chairmen yanking needles from records and booting everyone out of the dancehall. Meanwhile, limited headway is being made in another branch of the government, far from the muffled protests of overwhelming majorities who have been shouted down by parties of one. The DC Appeals Court has just ruled that the government must extend its FOIA fee discounts to students at educational institutions, rather than just to instructors and administration. "
Gonzalo San Gil, PhD.

Patent Litigation Cost US Business About A Trillion Dollars In A Quarter Century, Outweighing Benefits | Techdirt - 0 views

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    "from the trolls-strike-again dept Techdirt recently wrote about the ever-growing flood of patents being granted by the USPTO. As we've emphasized, more patents do not mean more innovation; nor do they necessarily lead to greater overall benefits for business."
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    "from the trolls-strike-again dept Techdirt recently wrote about the ever-growing flood of patents being granted by the USPTO. As we've emphasized, more patents do not mean more innovation; nor do they necessarily lead to greater overall benefits for business."
Gonzalo San Gil, PhD.

8 cutting-edge technologies aimed at eliminating passwords | ITworld - 0 views

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    "From electronic pills to digital tattoos, these eight innovations aim to secure systems and identities without us having to remember a password ever again By Serdar Yegulalp, InfoWorld, September 25, 2014"
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    "From electronic pills to digital tattoos, these eight innovations aim to secure systems and identities without us having to remember a password ever again By Serdar Yegulalp, InfoWorld, September 25, 2014"
Gonzalo San Gil, PhD.

LibrePlanet is coming March 21-22, 2015: Propose a session! - Free Software Foundation - working together for free software - 0 views

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    "by Libby Reinish - Published on Sep 16, 2014 10:53 AM LibrePlanet 2015 is coming! We're excited to announce that next year's conference will be held March 21-22, 2015 in Cambridge, MA. The Free Software Foundation is teaming up with the Student Information Processing Board at MIT once again to bring you a conference you won't want to miss."
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    "by Libby Reinish - Published on Sep 16, 2014 10:53 AM LibrePlanet 2015 is coming! We're excited to announce that next year's conference will be held March 21-22, 2015 in Cambridge, MA. The Free Software Foundation is teaming up with the Student Information Processing Board at MIT once again to bring you a conference you won't want to miss."
Gonzalo San Gil, PhD.

'Piracy' That Creates Amazing New Music | Techdirt - 0 views

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    "from the here-we-go-again dept More than five years ago we first wrote about Kutiman, an Israeli musician who created an album of incredible new music simply by editing together a bunch of unrelated YouTube clips. "
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    "from the here-we-go-again dept More than five years ago we first wrote about Kutiman, an Israeli musician who created an album of incredible new music simply by editing together a bunch of unrelated YouTube clips. "
Gonzalo San Gil, PhD.

Court Lifts Overbroad "Piracy" Blockade of Mega and Other Sites | TorrentFreak | # The #IP #enforcement #Joke :/ - 0 views

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    " Ernesto on October 9, 2014 C: 0 News Mega and several other file-hosting services are accessible in Italy once again after a negotiated settlement with local law enforcement. Another unnamed site had to appeal its blockade in court but won its case after the court ruled that partial blocking of a specific URL is preferred over site-wide bans."
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    " Ernesto on October 9, 2014 C: 0 News Mega and several other file-hosting services are accessible in Italy once again after a negotiated settlement with local law enforcement. Another unnamed site had to appeal its blockade in court but won its case after the court ruled that partial blocking of a specific URL is preferred over site-wide bans."
Gonzalo San Gil, PhD.

Crypto wars redux: why the FBI's desire to unlock your private life must be resisted | Technology | theguardian.com - 1 views

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    "In 1995, the US government tried - and failed - to categorise encryption as a weapon. Today, the same lines are being drawn and the same tactics repeated as the FBI wants to do the same. Here's why they are wrong, and why they must fail again Cory Doctorow
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    "In 1995, the US government tried - and failed - to categorise encryption as a weapon. Today, the same lines are being drawn and the same tactics repeated as the FBI wants to do the same. Here's why they are wrong, and why they must fail again Cory Doctorow
Paul Merrell

Senate majority whip: Cyber bill will have to wait until fall | TheHill - 0 views

  • Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.
  • The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.
  • “I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”
  • ...2 more annotations...
  • CISA backers hoped that the ultimate vote to curb the NSA’s surveillance authority might quell some of the privacy fears surrounding CISA, clearing a path to passage. But numerous budget debates and the Iranian nuclear deal have chewed up much of the Senate’s floor time throughout June and July.  Following the devastating hacks at the Office of Personnel Management (OPM), Senate Republican leaders tried to jump CISA in the congressional queue by offering its language as an amendment to a defense authorization bill.Democrats — including the bill’s original co-sponsor Sen. Dianne Feinstein (D-Calif.) — revolted, angry they could not offer amendments to CISA’s language before it was attached to the defense bill.Cornyn on Tuesday chastised Democrats for stalling a bill that many of them favor.“As you know, Senate Democrats blocked that before on the defense authorization bill,” Cornyn said. “So we had an opportunity to do it then.”Now it’s unclear when the Senate will have another opportunity.When it does, however, CISA could have the votes to get through.
  • There will be vocal opposition from senators like Wyden and Leahy, and potentially from anti-surveillance advocates like Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.).But finding 40 votes to block the bill completely will be a difficult task.Wyden said he wouldn’t “get into speculation” about whether he could gather the support to stop CISA altogether.“I’m pleased about the progress that we’ve made,” he said.
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    NSA and crew decide to delay and try later with CISA. The Internet strikes back again.
Gonzalo San Gil, PhD.

After Protests Continue, Hungary Dumps Stupid Internet Tax Idea | Techdirt - 0 views

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    "from the and-let-us-never-speak-of-it-again dept Earlier this week, we wrote about widespread demonstrations against a monumentally stupid plan by the Hungarian government to tax internet usage on a per-gigabyte-downloaded plan. " [# ! #Taxing... # ! ... #knowledge #sharing: Another # ! #delirium of the -so-called- #democracy... # ! #will be #eliminated... W@rlwide]
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    "from the and-let-us-never-speak-of-it-again dept Earlier this week, we wrote about widespread demonstrations against a monumentally stupid plan by the Hungarian government to tax internet usage on a per-gigabyte-downloaded plan. "
Gonzalo San Gil, PhD.

Apple on trial: Company execs say DRM was forced on them by record labels | Ars Technica [# ! + Note] - 1 views

Gonzalo San Gil, PhD.

​No reboot patching comes to Linux 4.0 | ZDNet - 1 views

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    "With Linux 4.0, you may never need to reboot your operating system again."
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    "With Linux 4.0, you may never need to reboot your operating system again."
Gonzalo San Gil, PhD.

Why is Docker the new craze in virtualization and cloud computing? | Opensource.com - 1 views

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    [Interview with James Turnbull of Docker] "It's OSCON time again, and this year the tech sector is abuzz with talk of cloud infrastructure. One of the more interesting startups is Docker, an ultra-lightweight containerization app that's brimming with potential"
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    [Interview with James Turnbull of Docker] "It's OSCON time again, and this year the tech sector is abuzz with talk of cloud infrastructure. One of the more interesting startups is Docker, an ultra-lightweight containerization app that's brimming with potential"
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