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Gonzalo San Gil, PhD.

Google Processes Millions of Useless DMCA Notices | TorrentFreak - 0 views

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    # ! ... #against #information #technologies themselves... # ! ... once more. # ! :( " Andy on July 15, 2014 C: 12 Breaking The world's biggest copyright holders send Google millions of DMCA notices each week, many of them sent by the most notable anti-piracy companies around. But for reasons best known to themselves, hundreds of thousands being processed by Google are completely useless and a waste of time and money."
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    [# ! who takes advantage...?] " Andy on July 15, 2014 C: 12 Breaking The world's biggest copyright holders send Google millions of DMCA notices each week, many of them sent by the most notable anti-piracy companies around. But for reasons best known to themselves, hundreds of thousands being processed by Google are completely useless and a waste of time and money."
Gonzalo San Gil, PhD.

The Universal Declaration of Human Rights - 3 views

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    [PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories
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    The Declaration is an important document but only aspirational in nature. It was hamstrung from the beginning by omission of mandated procedures by which an aggrieved person could seek its enforcement or protection.
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    Oh.. of course, Paul. This is Just a Reminder... ... of the other ways to do the things... For Every@ne. Perhaps One Day... :)
Gary Edwards

Can Cloud Computing Achieve Interoperable Platforms? - 0 views

  • the fact is that today if a customer has heavily invested in either platform then there isn't a straightforward way for customers to extricate themselves from the platform and switch to another vendor. In addition there is not a competitive marketplace of vendors providing standard/interoperable platforms as there are with email hosting or Web hosting providers.
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    Response from Microsoft's Dare Obasanjo to the Tim Bray blog: Get in the Cloud. .. "When it comes to cloud computing platforms, you have all of the same problems described above and a few extra ones. The key wrinkle with cloud computing platforms is that there is no standardization of the APIs and platform technologies that underlie these services. The APIs provided by Amazon's cloud computing platform (EC2/S3/EBS/etc) are radically different from those provided by Google App Engine (Datastore API/Python runtime/Images API/etc). For zero lock-in to occur in this space, there need to be multiple providers of the same underlying APIs. Otherwise, migrating between cloud computing platforms will be more like switching your application from Ruby on Rails and MySQL to Django and PostgreSQL (i.e. a complete rewrite)...." Although cloud computing vendors are not explicitly trying to lock-in customers to their platform, the fact is that today if a customer has heavily invested in either platform then there isn't a straightforward way for customers to extricate themselves from the platform and switch to another vendor. In addition there is not a competitive marketplace of vendors providing standard/interoperable platforms as there are with email hosting or Web hosting providers.
Gonzalo San Gil, PhD.

No one should have to use proprietary software to communicate with their government - Free Software Foundation - working together for free software - 0 views

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    "by Donald Robertson - Published on May 04, 2016 12:36 PM The Free Software Foundation (FSF) submitted a comment to the U.S. Copyright Office calling for a method to submit comments that do not require the use of proprietary JavaScript. Proprietary JavaScript is a threat to all users on the Web. When minified, the code can hide all sorts of nasty items, like spyware and other security risks. Savvy users can protect themselves by blocking scripts in their browser, or by installing the LibreJS browser extension and avoiding sites that require proprietary JavaScript in order to function. B"
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    "by Donald Robertson - Published on May 04, 2016 12:36 PM The Free Software Foundation (FSF) submitted a comment to the U.S. Copyright Office calling for a method to submit comments that do not require the use of proprietary JavaScript. Proprietary JavaScript is a threat to all users on the Web. When minified, the code can hide all sorts of nasty items, like spyware and other security risks. Savvy users can protect themselves by blocking scripts in their browser, or by installing the LibreJS browser extension and avoiding sites that require proprietary JavaScript in order to function. B"
Gonzalo San Gil, PhD.

Music Industry Reports 200 Millionth Pirate Link to Google | TorrentFreak - 1 views

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    [ # ! This is a movement against Google itself and for other causes- as 'real pirates' do not need Google to find the sites. They go directly as download/share webs are met through other mechanisms... ] [ ..."Google, however, believes that it has done enough and repeatedly argues that the entertainment industries can themselves do more. "Piracy often arises when consumer demand goes unmet by legitimate supply," the company noted earlier. "The right combination of price, convenience, and inventory will do far more to reduce piracy than enforcement can." ...]
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    [* # ! This is a movement against Google itself and for other causes- as 'real pirates' do not need ggGoogle to find the sites. They go directly as download/share webs are met through other mechanisms... ] "Google, however, believes that it has done enough and repeatedly argues that the entertainment industries can themselves do more. "Piracy often arises when consumer demand goes unmet by legitimate supply," the company noted earlier. "The right combination of price, convenience, and inventory will do far more to reduce piracy than enforcement can.""
Paul Merrell

Reset The Net - Privacy Pack - 1 views

  • This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same.
  • Fight for the Future and Center for Rights will contact you about future campaigns. Privacy Policy
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    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Compare tha
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    "This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same."
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    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Com
Gonzalo San Gil, PhD.

ISP Doesn't Have to Expose Pirating Subscribers, Judge Rules | TorrentFreak - 0 views

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    " Ernesto on February 4, 2015 C: 0 Breaking A federal court in Georgia has quashed a broad DMCA subpoena which required local Internet provider CBeyond to reveal the identities of alleged BitTorrent pirates. The magistrate judge ruled that ISPs don't have to hand over personal information as they are not storing any infringing material themselves."
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    " Ernesto on February 4, 2015 C: 0 Breaking A federal court in Georgia has quashed a broad DMCA subpoena which required local Internet provider CBeyond to reveal the identities of alleged BitTorrent pirates. The magistrate judge ruled that ISPs don't have to hand over personal information as they are not storing any infringing material themselves."
Gonzalo San Gil, PhD.

U.S. Court Grants Order to Wipe Pirate Sites from the Internet | TorrentFreak - 1 views

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    "... The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF's Intellectual Property Director Corynne McSherry. "It's very worrisome that a court would issue a rapid and broad order affecting speech based on allegations, without careful consideration and an opportunity for the targets to defend themselves," McSherry tells TorrentFreak."
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    "... The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF's Intellectual Property Director Corynne McSherry. "It's very worrisome that a court would issue a rapid and broad order affecting speech based on allegations, without careful consideration and an opportunity for the targets to defend themselves," McSherry tells TorrentFreak."
Gary Edwards

Zoho Blogs » Firefox 3.1 & Google Chrome: Javascript Wins, Flash/Silverlight Lose - 0 views

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    ZOHO Speaks about Chrome: "The biggest losers in Google's announcement are not really competing browsers, but competing rich client engines like Flash and Silverlight. As Javascript advances rapidly, it inevitably encroaches on the territory currently held by Flash. Native browser video is likely the last nail in the coffin - and Google needs native browser based video for its own YouTube, so we can be confident Google Chrome and Firefox will both have native video support, with Javascript-accessible VOM (video object model) APIs for web applications to manipuate video. As for Silverlight, let me just say that if Silverlight is the future of web computing, companies like us might as well find another line of work - and I suspect Google and Yahoo probably see it the same way too. More speculatively, I believe we will witness the emergence of Javascript as the dominant language of computing, as it sweeps the client side and starts encroaching on the server. The server landscape today is split between "enterprise" platforms like Java and .NET on the one side (we ourselves are in the Java camp on the server side), and "scripting" languages like PHP, Python, Ruby on the other, with Javascript firmly entrenched on the client. Languages like Ruby promise tremendous dynamism and flexibility to the developer, but their relatively weak execution environments have held them back. It is telling that both Java and .NET come with state of the art just-in-time compilers, while none of the major scripting languages do......" Interestingly, ZOHO already has a prototype running on Chrome! Solves tons of performance problems for them, as well as givign them an on-line / off-line story (Gears). The success of Chrome depends on Chrome "killer apps"; Not browser surfing features! And we already have a number of killer apps that will immediately take advantage of Chrome: gMail, gReader, gMaps and Google Docs! ZOHO will no doubt use Chrome to put themselves squarely i
Gonzalo San Gil, PhD.

Anatomically distinct dopamine release during anticipation and experience of peak emotion to music : Nature Neuroscience : Nature Publishing Group - 2 views

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    [Music, an abstract stimulus, can arouse feelings of euphoria and craving, similar to tangible rewards that involve the striatal dopaminergic system. ...] *Is The Eagerness of The Industry, The Governments and the artists themselves to Control The Music Flow thru internet an Attempt to Control Human Emotions...?
Gonzalo San Gil, PhD.

P2P Foundation » Blog Archive » The Guerilla Open Access Manifesto - 0 views

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    [Written by Aaron Swartz, who faces 30 years in prison for copying scholarly article, in July 2008, Eremo, Italy Aaron Swartz: "Information is power. But like all power, there are those who want to keep it for themselves. The world's entire scientific and cultural heritage, published over centuries in books and journals, is increasingly being digitized and locked up by a handful of private corporations. Want to read the papers featuring the most famous results of the sciences? You'll need to send enormous amounts to publishers like Reed Elsevier.]
Gonzalo San Gil, PhD.

SXSW 2012 on BitTorrent: 7.51 GB of Free Music | TorrentFreak - 1 views

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    [The South by Southwest (SXSW) music festival is one of the largest and most popular in the United States. Since 2005, the festival has published thousands of free tracks from participating artists. For some of the previous editions, the festival organizers offered torrents of the artist showcases themselves, but since 2008 this task has been handed over to the public. All of the MP3s are still freely available for download on the festival's site, so it only takes one person to get a torrent up and running. ...]
Gonzalo San Gil, PhD.

Music Group Protests ISPs Move for a Declaratory Ruling on Piracy Liability - TorrentFreak - 0 views

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    " Ernesto on September 1, 2016 C: 53 News Music rights group BMG says that Internet providers RCN and Windstream should not be allowed to obtain a declaratory judgment on their potential liability for pirating subscribers. According to BMG, the providers are improperly trying immunize themselves, hiding behind the DMCA's safe harbor."
Gonzalo San Gil, PhD.

How to decide what to measure in a community | Opensource.com - 0 views

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    "Last month we discussed setting goals for your community metrics program. These goals serve as a constant reminder of what you want to achieve in the program and should be used as metrics themselves when deciding exactly what you are going to measure."
munna1357

Crocodile Attack on food people screem around the way. - YouTube - 1 views

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    Crocodiles are brilliant animals. They have been around since the season of the dinosaurs, and they have taken this opportunity to consul themselves into a definitive executing machines. They are bosses of disguise, solid, and if necessary they can abandon sustenance for quite a while. They are the animals of numerous individuals' bad dreams. However, when you are cautious around crocodile domain, you don't need to dread them, you can simply appreciate them for what they are, the guardians of the waterways. What's more, please add to crocodile protection.  The entire group of various species is known as the 'crocodilians'. This incorporates salt-water crocodiles, new water crocodiles, gators, gharials and caimans. At present there are 23 unique types of crocodilians around the globe. The majority of these are imperiled however, in light of the fact that human development is gradually assuming control over their region. This implies lodging improvements are worked around the waterways where they live, and crocodilians are pursued out. This is a disgrace, and unbalances the entire eco-frameworks of these waterways. Numerous other creature species have adjusted to the crocodiles around them, and crocs live by the tenet of the fittest will survive. They eat feeble and wiped out creatures. Crocodile protection is critical and merits much more consideration than it as of now gets.
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
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    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Gonzalo San Gil, PhD.

Reset the Net to Shut Off NSA Spying | PopularResistance.Org, June 5th - 1 views

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    "Everyone has a role to play. If you're a developer, promise to add one new surveillance-resistant feature to your app or website, and announce it on June 5th. If you're an Internet user, promise to try out one new privacy tool that directly confronts mass surveillance. We'll have an epic and definitive list for you to choose from. Then tell your friends to get protected too. If you have a website or Tumblr, get the Internet Defense League code installed and display the Reset the Net message on June 5th to help educate and rally Internet users worldwide to defend themselves from dragnet surveillance."
Gonzalo San Gil, PhD.

50 Open Source Replacements for Windows XP - Datamation - 1 views

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    "(Page 1 of 3) Microsoft officially ended support for Windows XP on April 8, 2014. That means the company is no longer patching newly discovered security vulnerabilities in the operating system, and people who continue to use it are opening themselves up to security risks."
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:
  • ...17 more annotations...
  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
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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.
Gary Edwards

Tech Execs Express Extreme Concern That NSA Surveillance Could Lead To 'Breaking' The Internet | Techdirt - 0 views

  • We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stronger than our military might is our moral authority. And this decline in trust, has not only effected people's trust in American technology products. It has effected people's willingness to trust the leadership of the United States. If we are going to win the war on terror. If we are going to keep the public safe. If we are going to improve American competitiveness, we need Congress to stay on the path it's set. We need Congress to finish in December the job the President put before Congress in January.
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    "Nothing necessarily earth-shattering was said by anyone, but it did involve a series of high powered tech execs absolutely slamming the NSA and the intelligence community, and warning of the vast repercussions from that activity, up to and including potentially splintering or "breaking" the internet by causing people to so distrust the existing internet, that they set up separate networks on their own. The execs repeated the same basic points over and over again. They had been absolutely willing to work with law enforcement when and where appropriate based on actual court orders and review -- but that the government itself completely poisoned the well with its activities, including hacking into the transmission lines between overseas datacenters. Thus, as Eric Schmidt noted, if the NSA and other law enforcement folks are "upset" about Google and others suddenly ramping up their use of encryption and being less willing to cooperate with the government, they only have themselves to blame for completely obliterating any sense of trust. Microsoft's Brad Smith, towards the end, made quite an impassioned plea -- it sounded more like a politician's stump speech -- about the need for rebuilding trust in the internet. It's at about an hour and 3 minutes into the video. He points out that while people had expected Congress to pass the USA Freedom Act, the rise of ISIS and other claimed threats has some people scared, but, he notes: We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stron
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