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Gonzalo San Gil, PhD.

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

torrentfreak.com/-of-urgency-critics-say-150804

anti-piracy politics lack urency

shared by Gonzalo San Gil, PhD. on 04 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 04 Aug 15
     
    " 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."
Paul Merrell

Thomas R. Bruce on interoperability and legal information | Universal Interoperability Council - 0 views

www.universal-interop-council.org/...32

hacking egovernment interop legal information thomas r. bruce

shared by Paul Merrell on 13 Jul 08 - Cached
  • Legal Information Institute ("LII") founder and director Thomas R. Bruce has begun an excellent series of blog articles on the vital role of intererability in the provision of free legal information to the world, "hacking eGovernment" as he puts it. For those who do not know of him, Mr. Bruce is a giant in the movement to make government information available to everyone. LII is headquartered at the Cornell University School of Law and has international branches. Mr. Bruce's series is one to watch for those pondering the future of hacking eGovernment.
  • Amid all the screeching in the last post, it’s a little hard to figure out what the point was. So I’ll just say it: folks, the future does not lie in putting up huge, centralized collections of caselaw . It lies in building services that can work across many individual collections put up by lots of different people in lots of different institutional settings. Let me say that again: the future does not lie in putting up huge, centralized collections of caselaw. It lies in building services that can work across many individual collections put up by lots of different people in lots of different institutional settings. Services like site-spanning searches, comprehensive current-awareness services, and a scad of interesting mashups in which we put caselaw, statutes and regulations alongside other stuff to make new stuff.
  • Read more.
Gonzalo San Gil, PhD.

Democracia 4.0: Fundamentos Legales - 0 views

tomatucuota.blogspot.com/...o-2-mas-largo-fundamentos.html

Democracia 4.0 democracia participación instituciones fundamentos legal

shared by Gonzalo San Gil, PhD. on 22 Oct 11 - No Cached
  • Gonzalo San Gil, PhD. on 22 Oct 11
     
    [Fundamentos Legales ............., ciudadano español, con e-DNI ........, cuyos datos expresamente solicito sean reservados y amparados por el párrafo cuarto del artículo 4 de la Ley 4/2001, de 12 de noviembre, con domicilio a efectos de notificaciones en la dirección de correo electrónico ............., y postal en calle............... , en nombre y representación propia. Ante el Excelentísimo Señor Presidente del Congreso de los Diputados y ante todos sus diputados comparezco, y en virtud de lo establecido en el artículo 3, párrafo primero, y siguientes de la Ley 4/2001, en el ejercicio del derecho fundamental de petición y en atención a los siguientes antecedentes FORMULO PETICIÓN que desarrollo a continuación. Antecedentes: ...]
Paul Merrell

For sale: Systems that can secretly track where cellphone users go around the globe - The Washington Post - 0 views

www.washingtonpost.com/...3-bf76-447a5df6411f_story.html

surveillance-state Verint cellphone-tracking SS7 IMSI surveillance-proliferation

shared by Paul Merrell on 26 Aug 14 - No Cached
  • Makers of surveillance systems are offering governments across the world the ability to track the movements of almost anybody who carries a cellphone, whether they are blocks away or on another continent. The technology works by exploiting an essential fact of all cellular networks: They must keep detailed, up-to-the-minute records on the locations of their customers to deliver calls and other services to them. Surveillance systems are secretly collecting these records to map people’s travels over days, weeks or longer, according to company marketing documents and experts in surveillance technology.
  • The world’s most powerful intelligence services, such as the National Security Agency and Britain’s GCHQ, long have used cellphone data to track targets around the globe. But experts say these new systems allow less technically advanced governments to track people in any nation — including the United States — with relative ease and precision.
  • It is unclear which governments have acquired these tracking systems, but one industry official, speaking on the condition of anonymity to share sensitive trade information, said that dozens of countries have bought or leased such technology in recent years. This rapid spread underscores how the burgeoning, multibillion-dollar surveillance industry makes advanced spying technology available worldwide. “Any tin-pot dictator with enough money to buy the system could spy on people anywhere in the world,” said Eric King, deputy director of Privacy International, a London-based activist group that warns about the abuse of surveillance technology. “This is a huge problem.”
  • ...9 more annotations...
  • Security experts say hackers, sophisticated criminal gangs and nations under sanctions also could use this tracking technology, which operates in a legal gray area. It is illegal in many countries to track people without their consent or a court order, but there is no clear international legal standard for secretly tracking people in other countries, nor is there a global entity with the authority to police potential abuses.
  • tracking systems that access carrier location databases are unusual in their ability to allow virtually any government to track people across borders, with any type of cellular phone, across a wide range of carriers — without the carriers even knowing. These systems also can be used in tandem with other technologies that, when the general location of a person is already known, can intercept calls and Internet traffic, activate microphones, and access contact lists, photos and other documents. Companies that make and sell surveillance technology seek to limit public information about their systems’ capabilities and client lists, typically marketing their technology directly to law enforcement and intelligence services through international conferences that are closed to journalists and other members of the public.
  • Yet marketing documents obtained by The Washington Post show that companies are offering powerful systems that are designed to evade detection while plotting movements of surveillance targets on computerized maps. The documents claim system success rates of more than 70 percent. A 24-page marketing brochure for SkyLock, a cellular tracking system sold by Verint, a maker of analytics systems based in Melville, N.Y., carries the subtitle “Locate. Track. Manipulate.” The document, dated January 2013 and labeled “Commercially Confidential,” says the system offers government agencies “a cost-effective, new approach to obtaining global location information concerning known targets.”
  • (Privacy International has collected several marketing brochures on cellular surveillance systems, including one that refers briefly to SkyLock, and posted them on its Web site. The 24-page SkyLock brochure and other material was independently provided to The Post by people concerned that such systems are being abused.)
  • Verint, which also has substantial operations in Israel, declined to comment for this story. It says in the marketing brochure that it does not use SkyLock against U.S. or Israeli phones, which could violate national laws. But several similar systems, marketed in recent years by companies based in Switzerland, Ukraine and elsewhere, likely are free of such limitations.
  • The tracking technology takes advantage of the lax security of SS7, a global network that cellular carriers use to communicate with one another when directing calls, texts and Internet data. The system was built decades ago, when only a few large carriers controlled the bulk of global phone traffic. Now thousands of companies use SS7 to provide services to billions of phones and other mobile devices, security experts say. All of these companies have access to the network and can send queries to other companies on the SS7 system, making the entire network more vulnerable to exploitation. Any one of these companies could share its access with others, including makers of surveillance systems.
  • Companies that market SS7 tracking systems recommend using them in tandem with “IMSI catchers,” increasingly common surveillance devices that use cellular signals collected directly from the air to intercept calls and Internet traffic, send fake texts, install spyware on a phone, and determine precise locations. IMSI catchers — also known by one popular trade name, StingRay — can home in on somebody a mile or two away but are useless if a target’s general location is not known. SS7 tracking systems solve that problem by locating the general area of a target so that IMSI catchers can be deployed effectively. (The term “IMSI” refers to a unique identifying code on a cellular phone.)
  • Verint can install SkyLock on the networks of cellular carriers if they are cooperative — something that telecommunications experts say is common in countries where carriers have close relationships with their national governments. Verint also has its own “worldwide SS7 hubs” that “are spread in various locations around the world,” says the brochure. It does not list prices for the services, though it says that Verint charges more for the ability to track targets in many far-flung countries, as opposed to only a few nearby ones. Among the most appealing features of the system, the brochure says, is its ability to sidestep the cellular operators that sometimes protect their users’ personal information by refusing government requests or insisting on formal court orders before releasing information.
  • Another company, Defentek, markets a similar system called Infiltrator Global Real-Time Tracking System on its Web site, claiming to “locate and track any phone number in the world.” The site adds: “It is a strategic solution that infiltrates and is undetected and unknown by the network, carrier, or the target.”
  • Paul Merrell on 26 Aug 14
     
    The Verint company has very close ties to the Iraeli government. Its former parent company Comverse, was heavily subsidized by Israel and the bulk of its manufacturing and code development was done in Israel. See https://en.wikipedia.org/wiki/Comverse_Technology "In December 2001, a Fox News report raised the concern that wiretapping equipment provided by Comverse Infosys to the U.S. government for electronic eavesdropping may have been vulnerable, as these systems allegedly had a back door through which the wiretaps could be intercepted by unauthorized parties.[55] Fox News reporter Carl Cameron said there was no reason to believe the Israeli government was implicated, but that "a classified top-secret investigation is underway".[55] A March 2002 story by Le Monde recapped the Fox report and concluded: "Comverse is suspected of having introduced into its systems of the 'catch gates' in order to 'intercept, record and store' these wire-taps. This hardware would render the 'listener' himself 'listened to'."[56] Fox News did not pursue the allegations, and in the years since, there have been no legal or commercial actions of any type taken against Comverse by the FBI or any other branch of the US Government related to data access and security issues. While no real evidence has been presented against Comverse or Verint, the allegations have become a favorite topic of conspiracy theorists.[57] By 2005, the company had $959 million in sales and employed over 5,000 people, of whom about half were located in Israel.[16]" Verint is also the company that got the Dept. of Homeland Security contract to provide and install an electronic and video surveillance system across the entire U.S. border with Mexico.  One need not be much of a conspiracy theorist to have concerns about Verint's likely interactions and data sharing with the NSA and its Israeli equivalent, Unit 8200. 
Gonzalo San Gil, PhD.

Director Wants His Film on The Pirate Bay, Pirates Deliver... | TorrentFreak - 0 views

torrentfreak.com/ate-bay-pirates-deliver-140724

film director want does share is culture Internet business freedom

shared by Gonzalo San Gil, PhD. on 25 Jul 14 - No Cached
  • Gonzalo San Gil, PhD. on 25 Jul 14
     
    " Ernesto on July 24, 2014 C: 38 News A few days ago a Dutch movie director asked people to upload a copy of one of his older films onto The Pirate Bay. The filmmaker had become fed up with the fact that copyright issues made his work completely unavailable through legal channels. To his surprise, pirates were quick to deliver. suzyDutch movie director Martin Koolhoven sent out an unusual request on Twitter a few days ago. "
  • Gonzalo San Gil, PhD. on 25 Jul 14
     
    " Ernesto on July 24, 2014 C: 38 News A few days ago a Dutch movie director asked people to upload a copy of one of his older films onto The Pirate Bay. The filmmaker had become fed up with the fact that copyright issues made his work completely unavailable through legal channels. To his surprise, pirates were quick to deliver. suzyDutch movie director Martin Koolhoven sent out an unusual request on Twitter a few days ago. "
  • Gonzalo San Gil, PhD. on 26 Jul 14
     
    " Ernesto on July 24, 2014 C: 38 News A few days ago a Dutch movie director asked people to upload a copy of one of his older films onto The Pirate Bay. The filmmaker had become fed up with the fact that copyright issues made his work completely unavailable through legal channels. To his surprise, pirates were quick to deliver. suzyDutch movie director Martin Koolhoven sent out an unusual request on Twitter a few days ago. "
Gonzalo San Gil, PhD.

Copyright Reform: The European Parliament Must Follow the Reda Report! | La Quadrature du Net * - 0 views

www.laquadrature.net/...nt-must-follow-the-reda-report

copyright reform european parliament report Julia Reda You participate discuto.io

shared by Gonzalo San Gil, PhD. on 26 Jan 15 - No Cached
  • Gonzalo San Gil, PhD. on 26 Jan 15
     
    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
  • Gonzalo San Gil, PhD. on 26 Jan 15
     
    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
  • Gonzalo San Gil, PhD. on 27 Jan 15
     
    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
Gonzalo San Gil, PhD.

EFF's Game Plan for Ending Global Mass Surveillance | Electronic Frontier Foundation - 0 views

www.eff.org/...nding-global-mass-surveillance

eff game plan ending mass surveillance

shared by Gonzalo San Gil, PhD. on 31 Jan 15 - No Cached
  • We have a problem when it comes to stopping mass surveillance.  The entity that’s conducting the most extreme and far-reaching surveillance against most of the world’s communications—the National Security Agency—is bound by United States law.  That’s good news for Americans. U.S. law and the Constitution protect American citizens and legal residents from warrantless surveillance. That means we have a very strong legal case to challenge mass surveillance conducted domestically or that sweeps in Americans’ communications.  Similarly, the United States Congress is elected by American voters. That means Congressional representatives are beholden to the American people for their jobs, so public pressure from constituents can help influence future laws that might check some of the NSA’s most egregious practices. But what about everyone else? What about the 96% of the world’s population who are citizens of other countries, living outside U.S. borders. They don't get a vote in Congress. And current American legal protections generally only protect citizens, legal residents, or those physically located within the United States. So what can EFF do to protect the billions of people outside the United States who are victims of the NSA’s spying?
  • For years, we’ve been working on a strategy to end mass surveillance of digital communications of innocent people worldwide. Today we’re laying out the plan, so you can understand how all the pieces fit together—that is, how U.S. advocacy and policy efforts connect to the international fight and vice versa. Decide for yourself where you can get involved to make the biggest difference. This plan isn’t for the next two weeks or three months. It’s a multi-year battle that may need to be revised many times as we better understand the tools and authorities of entities engaged in mass surveillance and as more disclosures by whistleblowers help shine light on surveillance abuses.
  • Gonzalo San Gil, PhD. on 01 Feb 15
     
    "We have a problem when it comes to stopping mass surveillance. The entity that's conducting the most extreme and far-reaching surveillance against most of the world's communications-the National Security Agency-is bound by United States law. "
  • Gonzalo San Gil, PhD. on 01 Feb 15
     
    "We have a problem when it comes to stopping mass surveillance. The entity that's conducting the most extreme and far-reaching surveillance against most of the world's communications-the National Security Agency-is bound by United States law. "
Gonzalo San Gil, PhD.

How 2 Legal Cases May Decide the Future of Open Source Software | Network World [# ! Personal Note...] - 0 views

www.networkworld.com/...e-of-open-source-software.html

open source egal case decide future bad use GPL bad use problem not code way software

shared by Gonzalo San Gil, PhD. on 10 Mar 15 - No Cached
    • Gonzalo San Gil, PhD.
      Gonzalo San Gil, PhD. on 10 Mar 15
       
      # ! This is: The 'Problem' is not 'Open Source' but # ! 'Those' who do a bad use...
    • Gonzalo San Gil, PhD.
      Gonzalo San Gil, PhD. on 10 Mar 15
       
      # ! The Attacks on Open Source continue... # ! wonder why... and take part for The Freedom.
  • Gonzalo San Gil, PhD. on 10 Mar 15
     
    [ The open source universe may soon be less collaborative and more litigious. Two cases now in the courts could open the legal floodgates. By Paul Rubens Follow CIO | Mar 6, 2015 6:00 AM PT ...]
Gonzalo San Gil, PhD.

Daniel Alvarez, Legal Advisor for FCC, on net neutrality | Opensource.com - 0 views

opensource.com/...c-advisor-talks-net-neutrality

advisor fcc neutrality opensource net Net Neutrality common carrier information service communication service balance freedom technology democracy network

shared by Gonzalo San Gil, PhD. on 12 Nov 14 - No Cached
  • Gonzalo San Gil, PhD. on 12 Nov 14
     
    "Daniel Alvarez-Legal Advisor for Wireline, Public Safety, and Homeland Security at the FCC (Federal Communications Commission)-spoke at a forum last week with the North Carolina Technology Association about the FCC's deliberations on a framework to "protect and promote Internet openness.""
  • Gonzalo San Gil, PhD. on 12 Nov 14
     
    "Daniel Alvarez-Legal Advisor for Wireline, Public Safety, and Homeland Security at the FCC (Federal Communications Commission)-spoke at a forum last week with the North Carolina Technology Association about the FCC's deliberations on a framework to "protect and promote Internet openness.""
Gonzalo San Gil, PhD.

How Microsoft Appointed Itself Sheriff of the Internet | WIRED - 0 views

www.wired.com/...microsoft-pinkerton

microsoft sheriff internet wired

shared by Gonzalo San Gil, PhD. on 16 Oct 14 - No Cached
  • Gonzalo San Gil, PhD. on 16 Oct 14
     
    "to disrupt the people behind this malicious software, most of which was running on the company's Windows operating system. So he used a controversial-but remarkably effective-legal maneuver that he invented himself. It's based on something called an ex parte temporary restraining order, and in conjunction with other laws such as the 1946 Lanham Act, it gives Microsoft the right to seize private assets-a power that typically lies within the purview of law enforcement, not private companies. "
  • Gonzalo San Gil, PhD. on 16 Oct 14
     
    "to disrupt the people behind this malicious software, most of which was running on the company's Windows operating system. So he used a controversial-but remarkably effective-legal maneuver that he invented himself. It's based on something called an ex parte temporary restraining order, and in conjunction with other laws such as the 1946 Lanham Act, it gives Microsoft the right to seize private assets-a power that typically lies within the purview of law enforcement, not private companies. "
  • Gonzalo San Gil, PhD. on 17 Oct 14
     
    "to disrupt the people behind this malicious software, most of which was running on the company's Windows operating system. So he used a controversial-but remarkably effective-legal maneuver that he invented himself. It's based on something called an ex parte temporary restraining order, and in conjunction with other laws such as the 1946 Lanham Act, it gives Microsoft the right to seize private assets-a power that typically lies within the purview of law enforcement, not private companies. "
Gonzalo San Gil, PhD.

Swedish Pirates are More Likely to Buy Legal Content - TorrentFreak - 0 views

torrentfreak.com/ly-to-buy-legal-content-151112

swedish pirates buy more content sharers best industry media entertainment customers problem alternative VALUES spreading

shared by Gonzalo San Gil, PhD. on 13 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 13 Nov 15
     
    " Andy on November 12, 2015 C: 27 Breaking As the entertainment industries catch up, fewer and fewer Swedish citizens are using unauthorized file-sharing networks. That's according to a new study which has found that just 18% of the population now engages in the hobby. Nevertheless, those that do pirate are dramatically more likely to buy legal content than those who don't."
Paul Merrell

The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions | Just Security - 0 views

www.justsecurity.org/...ware-licenses-judges-questions

surveillance state iPhone EULA warrant encryption-bypass

shared by Paul Merrell on 02 Nov 15 - No Cached
  • Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant. In an order questioning the government’s purported legal basis for this request, the All Writs Act of 1789 (AWA), Judge Orenstein asked Apple for a brief informing the court whether the request would be technically feasible and/or burdensome. After Apple filed, the court asked it to file a brief discussing whether the government had legal grounds under the AWA to compel Apple’s assistance. Apple filed that brief and the government filed a reply brief last week in the lead-up to a hearing this morning.
  • We’ve long been concerned about whether end users own software under the law. Software owners have rights of adaptation and first sale enshrined in copyright law. But software publishers have claimed that end users are merely licensees, and our rights under copyright law can be waived by mass-market end user license agreements, or EULAs. Over the years, Granick has argued that users should retain their rights even if mass-market licenses purport to take them away. The government’s brief takes advantage of Apple’s EULA for iOS to argue that Apple, the software publisher, is responsible for iPhones around the world. Apple’s EULA states that when you buy an iPhone, you’re not buying the iOS software it runs, you’re just licensing it from Apple. The government argues that having designed a passcode feature into a copy of software which it owns and licenses rather than sells, Apple can be compelled under the All Writs Act to bypass the passcode on a defendant’s iPhone pursuant to a search warrant and thereby access the software owned by Apple. Apple’s supplemental brief argues that in defining its users’ contractual rights vis-à-vis Apple with regard to Apple’s intellectual property, Apple in no way waived its own due process rights vis-à-vis the government with regard to users’ devices. Apple’s brief compares this argument to forcing a car manufacturer to “provide law enforcement with access to the vehicle or to alter its functionality at the government’s request” merely because the car contains licensed software. 
  • This is an interesting twist on the decades-long EULA versus users’ rights fight. As far as we know, this is the first time that the government has piggybacked on EULAs to try to compel software companies to provide assistance to law enforcement. Under the government’s interpretation of the All Writs Act, anyone who makes software could be dragooned into assisting the government in investigating users of the software. If the court adopts this view, it would give investigators immense power. The quotidian aspects of our lives increasingly involve software (from our cars to our TVs to our health to our home appliances), and most of that software is arguably licensed, not bought. Conscripting software makers to collect information on us would afford the government access to the most intimate information about us, on the strength of some words in some license agreements that people never read. (And no wonder: The iPhone’s EULA came to over 300 pages when the government filed it as an exhibit to its brief.)
  • ...1 more annotation...
  • The government’s brief does not acknowledge the sweeping implications of its arguments. It tries to portray its requested unlocking order as narrow and modest, because it “would not require Apple to make any changes to its software or hardware, … [or] to introduce any new ability to access data on its phones. It would simply require Apple to use its existing capability to bypass the passcode on a passcode-locked iOS 7 phone[.]” But that undersells the implications of the legal argument the government is making: that anything a company already can do, it could be compelled to do under the All Writs Act in order to assist law enforcement. Were that the law, the blow to users’ trust in their encrypted devices, services, and products would be little different than if Apple and other companies were legally required to design backdoors into their encryption mechanisms (an idea the government just can’t seem to drop, its assurances in this brief notwithstanding). Entities around the world won’t buy security software if its makers cannot be trusted not to hand over their users’ secrets to the US government. That’s what makes the encryption in iOS 8 and later versions, which Apple has told the court it “would not have the technical ability” to bypass, so powerful — and so despised by the government: Because no matter how broadly the All Writs Act extends, no court can compel Apple to do the impossible.
Gonzalo San Gil, PhD.

Spotify Helps to Beat Music Piracy, European Commission Finds - TorrentFreak [# ! Note] - 0 views

torrentfreak.com/ropean-commission-finds-151028

spotify helps beat music piracy European Commision finds so offer leggal affordable onlne services but ...

shared by Gonzalo San Gil, PhD. on 29 Oct 15 - No Cached
  • Gonzalo San Gil, PhD. on 29 Oct 15
     
    " Ernesto on October 28, 2015 C: 30 Breaking New research published by the European Commission's Joint Research Centre shows that Spotify is helping to beat piracy. The researchers examined the effects of legal streaming on torrent downloads and found that Spotify displaces piracy. However, the overall impact on revenue is neutral as streaming also cuts legal track sales."
Paul Merrell

Latest ChatGPT lawsuits highlight backup legal theory against AI platforms | Reuters - 0 views

www.reuters.com/...l-theory-against-ai-2024-02-29

OpenAI ChatGPT Intercept AI litigation

shared by Paul Merrell on 27 Mar 24 - No Cached
  • In the plethora of copyright lawsuits against artificial intelligence developers, a pair of complaints filed on Wednesday against OpenAI and related defendants stands out.Unlike most of the authors, artists and news organizations that have sued AI developers, The Intercept Media, opens new tab and Raw Story Media, opens new tab are not alleging straightforward copyright infringement claims. The media companies are instead asserting only that OpenAI and its co-defendants violated the Digital Millennium Copyright Act, or DMCA, deliberately undermining their copyrights by stripping identifying information out of articles used to train the AI system behind the popular chatbot ChatGPT.As my Reuters colleague Blake Brittain reported on Wednesday, the 1998 federal DMCA statute prohibits the removal of information that can help copyright holders detect infringement, including article titles, author names and copyright dates.
Paul Merrell

German Parliament Says No More Software Patents | Electronic Frontier Foundation - 0 views

www.eff.org/...-says-no-more-software-patents

software patents Germany New Zealand law

shared by Paul Merrell on 22 Jun 13 - No Cached
  • The German Parliament recently took a huge step that would eliminate software patents (PDF) when it issued a joint motion requiring the German government to ensure that computer programs are only covered by copyright. Put differently, in Germany, software cannot be patented. The Parliament's motion follows a similar announcement made by New Zealand's government last month (PDF), in which it determined that computer programs were not inventions or a manner of manufacture and, thus, cannot be patented.
  • The crux of the German Parliament's motion rests on the fact that software is already protected by copyright, and developers are afforded "exploitation rights." These rights, however, become confused when broad, abstract patents also cover general aspects of computer programs. These two intellectual property systems are at odds. The clearest example of this clash is with free software. The motion recognizes this issue and therefore calls upon the government "to preserve the precedence of copyright law so that software developers can also publish their work under open source license terms and conditions with legal security." The free software movement relies upon the fact that software can be released under a copyright license that allows users to share it and build upon others' works. Patents, as Parliament finds, inhibit this fundamental spread.
  • Just like in the New Zealand order, the German Parliament carved out one type of software that could be patented, when: the computer program serves merely as a replaceable equivalent for a mechanical or electro-mechanical component, as is the case, for instance, when software-based washing machine controls can replace an electromechanical program control unit consisting of revolving cylinders which activate the control circuits for the specific steps of the wash cycle This allows for software that is tied to (and controls part of) another invention to be patented. In other words, if a claimed process is purely a computer program, then it is not patentable. (New Zealand's order uses a similar washing machine example.) The motion ends by calling upon the German government to push for this approach to be standard across all of Europe. We hope policymakers in the United States will also consider fundamental reform that deals with the problems caused by low-quality software patents. Ultimately, any real reform must address this issue.
  • Paul Merrell on 22 Jun 13
     
    Note that an unofficial translation of the parliamentary motion is linked from the article. This adds substantially to the pressure internationally to end software patents because Germany has been the strongest defender of software patents in Europe. The same legal grounds would not apply in the U.S. The strongest argument for the non-patentability in the U.S., in my opinion, is that software patents embody embody both prior art and obviousness. A general purpose computer can accomplish nothing unforeseen by the prior art of the computing device. And it is impossible for software to do more than cause different sequences of bit register states to be executed. This is the province of "skilled artisans" using known methods to produce predictable results. There is a long line of Supreme Court decisions holding that an "invention" with such traits is non-patentable. I have summarized that argument with citations at . 
Gonzalo San Gil, PhD.

VII FORO DE INDUSTRIAS CULTURALES | ¿Cultura o barbarie? Diez propuestas al borde del abismo | Jueves, 5 de noviembre de 2015 | Museo Nacional Centro de Arte Reina Sofía - 0 views

www.foroindustriasculturales.org/foro

cultura vs barbarie propuestas abismo industria vs. sociedad mesa coloquio debate Fundación Alternativas

shared by Gonzalo San Gil, PhD. on 19 Oct 15 - No Cached
  • Gonzalo San Gil, PhD. on 19 Oct 15
     
    "PROGRAMA PROVISIONAL ¿Cultura o barbarie? Diez propuestas al borde del abismo Jueves, 5 de noviembre de 2015 Museo Nacional Centro de Arte Reina Sofía Mañana 10:30-12:00 h. Mesa institucional Intervienen: José Luis Acosta, presidente de la Sociedad de General de Autores y Editores (SGAE). Basilio Baltasar, director de la Fundación Santillana (área cultural). Fernando Carro, presidente de Bertelsmann España y miembro del Comité ejecutivo. Laura Halpern, directora de la Fundación Jesús Serra Ignacio Polanco, presidente de la Fundación Santillana. Pere Portabella, presidente de la Fundación Alternativas. 12:00-12:30 h. Pausa 12:30-14:00 h. El papel de las políticas y el Estado Modera: Luz Sanchez-Mellado, periodista de El País. Intervienen: Carmen Alborch, ex ministra de cultura y senadora. Juan Cruz, adjunto a la dirección de El País para Cultura y Babelia. Santiago Eraso, director de contenidos de Madrid Destino. Rosina Gómez-Baeza, presidenta de Factoría Cultural, Vivero de Industrias Creativas. Enric Juliana, periodista de La Vanguardia. César Antonio Molina, escritor y director de la Casa del Lector. 14:00-16:00 h. Almuerzo Tarde 16:00-17:30 h. Decálogo: exigencias y urgencias Modera: Joana Bonet, articulista de La Vanguardia. Intervienen: Antonio María Ávila, director ejecutivo de la Federación del Gremio de Editores. Jesús Cimarro, presidente de la Federación Estatal de Asociaciones de Empresas Productoras de Teatro y Danza de España. Ramon Colom, presidente FAPAE (Confederación de Productores Audiovisuales Españoles). Patricia Gabeiras, directora de Legal Music Producciones Vocal en la Junta Directiva de la Asociación de Promotores Musicales. Isidro López-Aparicio, artista plástico y miembro de la UAAV, Unión de Asociaciones de Artistas Visuales. Profesor de Bellas Artes de la Universidad de Granada y del I
  • Gonzalo San Gil, PhD. on 19 Oct 15
     
    "PROGRAMA PROVISIONAL ¿Cultura o barbarie? Diez propuestas al borde del abismo Jueves, 5 de noviembre de 2015 Museo Nacional Centro de Arte Reina Sofía Mañana 10:30-12:00 h. Mesa institucional Intervienen: José Luis Acosta, presidente de la Sociedad de General de Autores y Editores (SGAE). Basilio Baltasar, director de la Fundación Santillana (área cultural). Fernando Carro, presidente de Bertelsmann España y miembro del Comité ejecutivo. Laura Halpern, directora de la Fundación Jesús Serra Ignacio Polanco, presidente de la Fundación Santillana. Pere Portabella, presidente de la Fundación Alternativas. 12:00-12:30 h. Pausa 12:30-14:00 h. El papel de las políticas y el Estado Modera: Luz Sanchez-Mellado, periodista de El País. Intervienen: Carmen Alborch, ex ministra de cultura y senadora. Juan Cruz, adjunto a la dirección de El País para Cultura y Babelia. Santiago Eraso, director de contenidos de Madrid Destino. Rosina Gómez-Baeza, presidenta de Factoría Cultural, Vivero de Industrias Creativas. Enric Juliana, periodista de La Vanguardia. César Antonio Molina, escritor y director de la Casa del Lector. 14:00-16:00 h. Almuerzo Tarde 16:00-17:30 h. Decálogo: exigencias y urgencias Modera: Joana Bonet, articulista de La Vanguardia. Intervienen: Antonio María Ávila, director ejecutivo de la Federación del Gremio de Editores. Jesús Cimarro, presidente de la Federación Estatal de Asociaciones de Empresas Productoras de Teatro y Danza de España. Ramon Colom, presidente FAPAE (Confederación de Productores Audiovisuales Españoles). Patricia Gabeiras, directora de Legal Music Producciones Vocal en la Junta Directiva de la Asociación de Promotores Musicales. Isidro López-Aparicio, artista plástico y miembro de la UAAV, Unión de Asociaciones de Artistas Visuales. Profesor de Bellas Artes de la Universidad de Granada y del I
Gonzalo San Gil, PhD.

Online Piracy Drops in Australia, Thanks to Netflix - TorrentFreak - 0 views

torrentfreak.com/ps-in-australia-netflix-151014

online piracy drops australia thanks netflix choice chance

shared by Gonzalo San Gil, PhD. on 15 Oct 15 - No Cached
    • Gonzalo San Gil, PhD.
      Gonzalo San Gil, PhD. on 15 Oct 15
       
      # ! #choice is the #chance, not persecution of (sharing) Aficionad@s who, in the other hand, are giving important lessons to the industry...
  • Gonzalo San Gil, PhD. on 15 Oct 15
     
    " Ernesto on October 14, 2015 C: 49 News For the first time in years, online piracy rates have dropped significantly in Australia. The downswing coincides with the launch of Netflix, which played a key role as most consumers who say they are pirating less cite legal alternatives as the main reason. "
  • Gonzalo San Gil, PhD. on 15 Oct 15
     
    " Ernesto on October 14, 2015 C: 49 News For the first time in years, online piracy rates have dropped significantly in Australia. The downswing coincides with the launch of Netflix, which played a key role as most consumers who say they are pirating less cite legal alternatives as the main reason. "
Gonzalo San Gil, PhD.

ISP Boss Criticizes Calls to Criminalize File-Sharers - TorrentFreak - 0 views

torrentfreak.com/riminalize-file-sharers-160507

#HollywoodvsSiliconValley critics file-sharing criminalization ISP Internet Intellectual Poperty enfrcement abuses vs right access culture

shared by Gonzalo San Gil, PhD. on 09 May 16 - No Cached
  • Gonzalo San Gil, PhD. on 09 May 16
     
    " By Andy on May 7, 2016 C: 27 News The boss of a prominent ISP in Sweden has criticized moves by the government which could criminalize hundreds of thousands of Internet users. Bahnhof CEO Jon Karlung says the country is stuck in the past when it calls for harsher punishments for file-sharing and should instead concentrate on developing better legal options."
  • Gonzalo San Gil, PhD. on 09 May 16
     
    " By Andy on May 7, 2016 C: 27 News The boss of a prominent ISP in Sweden has criticized moves by the government which could criminalize hundreds of thousands of Internet users. Bahnhof CEO Jon Karlung says the country is stuck in the past when it calls for harsher punishments for file-sharing and should instead concentrate on developing better legal options."
Gonzalo San Gil, PhD.

(Online Music Piracy Doesn't Hurt Sales, European Commission Finds - TorrentFreak | # ! Referred in the text below...) - 0 views

torrentfreak.com/ropean-commission-finds-130318

shared by Gonzalo San Gil, PhD. on 27 May 16 - No Cached
  • Gonzalo San Gil, PhD. on 27 May 16
     
    " Ernesto on March 18, 2013 C: 372 New research published by the European Commission's Joint Research Centre shows that online piracy doesn't hurt digital music revenues. The researchers examined browsing habits from 16,000 Europeans and found that there's a positive link between online piracy and visits to legal music stores, irrespective of people's interest in music. The study concludes that the music industry should not see piracy as a growing concern."
  • Gonzalo San Gil, PhD. on 27 May 16
     
    " Ernesto on March 18, 2013 C: 372 New research published by the European Commission's Joint Research Centre shows that online piracy doesn't hurt digital music revenues. The researchers examined browsing habits from 16,000 Europeans and found that there's a positive link between online piracy and visits to legal music stores, irrespective of people's interest in music. The study concludes that the music industry should not see piracy as a growing concern."
Paul Merrell

» Obama Signs Global Internet Treaty Worse Than SOPA Alex Jones' Infowars: There's a war on for your mind! - 2 views

www.infowars.com/nternet-treaty-worse-than-sopa

ACTA Obama OpenWeb SOPA constitutional law law

shared by Paul Merrell on 26 Jan 12 - No Cached
  • Months before the debate about Internet censorship raged as SOPA and PIPA dominated the concerns of web users, President Obama signed an international treaty that would allow companies in China or any other country in the world to demand ISPs remove web content in the US with no legal oversight whatsoever.
  • The White House has circumvented the necessity to have the treaty confirmed by lawmakers by presenting it an as “executive agreement,” although legal scholars have highlighted the dubious nature of this characterization.
  • In presenting ACTA as an “international agreement” rather than a treaty, the Obama administration managed to circumvent the legislative process and avoid having to get Senate approval, a method questioned by Senator Wyden. “That said, even if Obama has declared ACTA an executive agreement (while those in Europe insist that it’s a binding treaty), there is a very real Constitutional question here: can it actually be an executive agreement?” asks TechDirt. “The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President. Thus, there’s a pretty strong argument that the president legally cannot sign any intellectual property agreements as an executive agreement and, instead, must submit them to the Senate.”
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