An answer to software patent trolls?

We all know the internet is full of bad things and bad people that were created in some awful dark corner of the planet. This being a school blog, I wont bring those up here. But its odd that this class has introduced me to a completely new kind of low and pathetic. By low and pathetic I of course mean patent trolls. From what I have learned so far, patent trolls are a premium example of how to get rich by doing nothing. I hate the idea of a patent troll, someone who buys the right to others work and gets money from what they did while doing nothing themselves. It seems to go against how I was raised. Being from a small farm town I have a more blue color view of the world than some I guess. But that is why i was very happy to find this article which could be an answer to the trolls.

The Electronic Frontier Foundation or EFF has proposed a way to stop or at least slow down the trolls. By forcing them to submit code with there patents and if the patent is granted then it should just be limited to the invention claimed. At the very least making patents have code attached would force trolls to do a little more work. But at its best, this idea could stop trolls from just suing everyone. As described in the article directly from EFF, if you make them attach a solution to the patent, they cant sue anyone under the sun for coming up with a similar solution that is created in a different way. EFF does a better job than describing this than I do so I hope you read there article also.

Does anyone see a positive of a patent troll? Or how they are useful to society? Or do you see flaws in the EFF’s proposal?

Are drones cool or do they frighten you?

Recently an article that appeared in CNN caught my attention about drones. They are unmanned killing machines armed with missiles, controlled from thousands of miles away, as they stalk and then destroy supposed terrorist targets in places like Pakistan, Yemen, and Afghanistan. Last Thursday the Senate Intelligence Committee received a classified document, which gives legal justifications for the administration’s use of drones. According to CBS news, controversial drones are the weapons of choice in a semi-secret war that was dragged into the spotlight this past week, during confirmation hearings for John Brennan as CIA Director. He says: “The people that were standing up here today, I think they really have a misunderstanding of what we do as a government,” said Brennan of protesters. “We only take such actions as a last resort to save lives when there is no alternative taking an action that will mitigate such a threat.”
The question is, is this legal? The government claims that the drones are only used to save lives or stop terrorist actions even though statistics show that 98 percent of those killed by drones have not been high-level targets.
Most of the drones that so far the military has been using for reconnaissance are small planes that are equipped with small special-purpose cameras.
The police of North Dakota are using the drones in demonstrations in hostile situations. It now seems that the drones are already spreading throughout our own country. Now you can order online a drone kit for a couple of hundred dollars. At least eleven states have pending legislation or restrictions that would allow the drones.

I think there is clearly a privacy issue. Everyone has the right to privacy in their home and that includes the backyard. The fence that divides the yard of your home from the rest of the world is an imaginary vertical fence that cannot be violated by any drone. With the use of drones carrying cameras, anyone can film you being in your backyard and immediately put it on the Internet. It would not surprise me that some paparazzi are already using this technology to get their news.
I am not against the police and the task of maintaining order, but I have always been a person who likes to be in accordance with the law. However, in this case, I think they are taking the issue of security so far away that it violates our basic right to privacy. Everyone has the right to have a private space, and this should not be violated.

Everything Is a Remix

Everything Is a Remix is a 4 part video series showing why fair use is important topic to talk about and what role fair use plays today in creativity and creating “new” ideas.

Part 1 follows how music has evolved by taking existing beats and words and coming up new songs. A real world example of this would be the four chord song which compiles song people would consider each unique but happen to be based on the same 4 chords. If 1 person had ownership over these 4 chords and could stop other from using them a lot of famous songs couldn’t have been written.

Part 2 follows movie making and how story are reused over and over again that were in the public domain. If Disney and others keep extending copyright will we run out of story “idea” if new information doesn’t enter public domain?

Part 3 goes into how creativity works by looking at the history of the computer. How companies copied one another features like the GUI and mouse without suing each other as often as today where every having a similar looking design land you in a billion dollar lawsuit.

Part 4 goes into the history of intellectual property and why copyright and patents were invented. The issue discuss in class about how idea are difference from material properties. Also the effect of the growing legal protection on software and music.

I highly recommend you watch all 4 parts of Everything is a remix it is a very informative series.

Kirby Ferguson, the maker of Everything is a Remix, also did a TED talk on the subject of intellectual property.

‘Side Effects’ – An Ethical Egoism At Work

Over the weekend I was able to enjoy the film ‘Side Effects.’ At the heart of the plot there is an example of Ethical Egoism at work and I am interested in what input the class has towards this subject since it was difficult to come up with specific scenarios with this Moral Theory at work.

*** SPOILER ***  – If you have not seen this film, I only touch on a few specific plot points.

Pharmaceutical companies approach Psychiatrists in order to encourage participation in trials of a new behavior-altering drug.  There is monetary compensation involved in this deal.  In turn, these doctors propose to candidate patients that they will receive free medication for agreeing to the test study.   In the end, the companies are getting cheap, effective trials, the mental health patients are getting free medication, and the doctors are getting paid.  This is a perfect example of all parties involved acting purely out of self-interested and providing happiness for everyone.

Is this system moral? Kantianism vs. Ethical Egoism.

In the early stages of visiting Kantianism we are presented with a category of morality based on us cooperating with each other by not using each other as means to an end.  In this example of actions between users, everyone involved is ‘using’ each other in some manner.  By definition, any rule involved in these specific actions would be immoral.  The companies should perform more proper trials on their drugs before FDA approval.  The psychiatrists should diagnose patients with no bias.  The patients should be wary of experimental medicine and not make decisions on drugs based solely on monetary gain/loss.

When delving into Ethical Egoism, an entire different point of view is uncovered.  Everyone involved, by using each other as a means to an end, are gaining the most happiness through their mutual interest.  Again, by definition, this is a moral action because everyone’s self-interest is maximized.  Are there additional negatives surrounding this issue, however?  If there are complications that arise from treatment, who is the one at fault?  The companies should not put people at risk through untested medications.  The doctors should not fuel decisions based on anything but expertise on their practice.  People should not put themselves at risk by taking experimental pills.  Hypothetically all three parties could point the finger at each other.

 

Why not to go within 100 miles of the border

Normally I am ok with sacrificing things for the name of national security. For instance im completely ok with x-ray screening at the air port. Or some extra checks where they look through my luggage. Or even my employer having my Facebook or twitter password. I have nothing to hide, especially nothing illegal to hide, but the newest hindrance to our freedoms walks very close to even my line. Now the Department of homeland Security has the power to take any and all of your electronics if you are within 100 miles of the border. They need no reason or warrant, if they want to take your shit, they can and they will. This article outlines how they acquired this power and some of the problems it has already caused.  This is a new way to ignore our 4th amendment rights and it has me troubled. While I still have nothing to hide, I also like to be left the hell alone. I wouldn’t mind showing the DHS my things if i had all the time in the world, but in the case of the Canadian man talked about at the bottom of the article, he was held for 3 hours and didn’t get his laptop returned for 11 days. That is something I am far from OK with.

According to the DHS this is legal because of past legal precedent.  Does anyone else agree this is kinda bullshit? That just because I am within 100 yards of the border doesn’t mean I should lose my 4th amendment rights?

Canadian Business Groups Lobby For Right To Install Spyware

I saw this article talking about how “a group of 13 industry associations – including the Canadian Chamber of Commerce, the Canadian Marketing Association, the Canadian Wireless Telecommunications Association and the Entertainment Software Association of Canada” are petitioning for the ability to have unrestricted access to your computer and adjoining resources to prevent piracy. This quote, from the site, explains what is being requested.

This provision would effectively legalize spyware in Canada on behalf of these industry groups. The potential scope of coverage is breathtaking: a software program secretly installed by an entertainment software company designed to detect or investigate alleged copyright infringement would be covered by this exception. This exception could potentially cover programs designed to block access to certain websites (preventing the contravention of a law as would have been the case with SOPA), attempts to access wireless networks without authorization, or even keylogger programs tracking unsuspecting users (detection and investigation). Ensuring compliance with the law is important, but envisioning private enforcement through spyware without the involvement of courts, lawful authorities, and due process should be a non-starter.

The Canadian Chamber of Commerce and other business groups want to ensure that the anti-spam law does not block their ability to secretly install spyware on personal computers for a wide range of purposes. In doing so, these groups are proposing to turn the law upside down by shifting from protecting consumers to protecting businesses. The comment period on the draft regulations may have closed, but it is not too late to tell Industry Minister Christian Paradis or your local Member of Parliament to reject demands that would gut the anti-spam bill and legalize spyware for private enforcement purposes.

 

The problem stems from the fact that these companies products are not a physical object that can only exist at one place at one time, but instead exist digitally and can be replicated. In this instance the involved companies and organizations are more than willing to sacrifice the right to privacy afforded to their customers in favor of allowing invasive monitoring software to “ensure” that their software is not being pirated.

Prior to this (as mentioned in the article) Sony caused a scandal by including in their compact discs a root kit to protect their intellectual property (digitalized music in this case). One problem was that their root kit created vulnerabilities in the customers machine making it susceptible to malware. The other problem was it violated the rights of customers and resulted in a number of law suits against Sony, and ultimately a discontinuation and removal of the root kit.

Other organizations such as the RIAA and MPAA have used a different tactic best described by Grand Moff Tarkin, “[f]ear will keep them in line.” This fear has been recently realized in the case of Aaron Swartz case, but has been going on for a while by bullying and extorting people with egregious lawsuits demanding huge sums of money to force an out of court settlement.

This doesn’t even address the issue of how much revenue is truly lost due to piracy? In this case it seems that the customer is best off voting with their dollars (or lack there of, OSS) and political processes when the opportunity permits.

To wrap it up, here is a humorous image illustrating the differences between pirated movies and purchasing the DVD.

Inventing on Principle

This is a fantastic lecture I ran into earlier today about the effects of ideas on the world we live. This is one of the best lectures I have ever seen and although the full lecture is about 50 minutes long it is absolutely worth it. The lecture starts by exploring new and revolutionary ways of interacting with code and computers in general and toward the end of the lecture dives into ethics and the idea of social change through invention and through ideas. Although it doesn’t directly relate to the things we are discussing in class  it does go into several important things like “living by a principle” and the idea that “ethic rights and wrongs are different at different points in time” specifically in regarding things like women rights and mode based software. In my opinion  this way of viewing code, and in general, this way of viewing ideas is absolutely revolutionary and in many ways a large step toward a day when humans and computers can interact seamlessly and a time when any good idea can become a reality.

Additionally, for anyone interested this is an IDE built on top of the principles of this lecture and directly relates to the post on Kickstarter earlier in the semester.

The eye in the sky

An article on theverge.com talks about a new type of surveillance camera called the ARGUS-IS which is capable of recording an area “half the size of Manhattan”. The articles goes on the say that “The newest in the family of “wide area persistent surveillance” tools, the system can detect and track moving objects as small as six inches from 20,000 feet in the air.” This technology also allows the operator to search for “suspicious activity” even after the recording has been made.

Could something like this eventually be an attack on the populations fourth amendment rights? What if a drone picks up what would be considered “suspicious” and could then fall under the Patriot Act? Would that persons fourth amendment rights really matter?

Here they list a few different ways local police and government officials are using such technology and also give a map where drones are being used. In the event of drug trafficking I could see how this could be beneficial as well as for fighting forest fires.

From what we’ve learned in class a Kantian view would make this morally wrong, as this would cause a lot of unrest within the population and would minimize “happiness” if applied universally. The same would fail in accords to utilitarian points of views. But what about cultural relativism?

Anonymous: Operation Last Resort

This post will encompass a few things, primarily Anonymous and their Operation Last Resort, but also a distinction I would like to make between hacking and DDOS-ing.

First, what is the difference between hacking and DDOS-ing? Hacking is when a hacker, whether for good or bad intent, finds a vulnerability in a website’s code and then exploits it to do any number of things, including injecting malicious code into the site, stealing information (credit card numbers, phone numbers, email addresses), or taking control of the site to shut it down semi-permanently. A DDOS attack is where a large number of computers, usually making up a botnet, are all sent to the same site at the same time, and the site is overwhelmed by the web traffic that no one can get access to the site. This is currently considered illegal, but if you want more information on how Anonymous is challenging that illegality, read this article.

Now that this distinction has been made, Anonymous hacked the website of the US Sentencing Commission and used it to distribute encrypted government files that have been obtained over months of hacking.  However, the hacker collective stated that they wouldn’t release the encryption keys if the government made sweeping legislation on sentencing reform. This hack is symbolic because the US Sentencing Commission is the organization that sentenced Aaron Swartz to a possible 50 year prison term. Anonymous is blaming his suicide on the fact that he was facing such a long prison term, and is taking this blame out directly on the government. They are urging for a “return to proportionality of punishment with respect to actual harm caused” in addition to a change in minimum sentencing standards. If the Department of Justice is unable to comply with these demands, what kinds of files could Anonymous be leaking?

Obviously, the government says this action is illegal, but what about whether it is morally right or wrong? The utilitarian views are too difficult to calculate since there are so many unknowns about what kind of files have been hacked, and who they might apply to. Kantianism would say that this act is morally wrong because the maxim would be that it is good to hack everyone else, which is obviously not true.

I personally like their form of vigilante justice but that’s just me, what do you guys think?

 

Newegg defeats patent troll

A “patent troll” is a company that is set up just to make money off of patents it owns. Usually, such companies do not do any R&D themselves. Instead, they strategically purchase patents from other companies, especially companies that are going bankrupt or having other financial difficulties. Then they use these patents to make money from other larger companies. They say, “Hey, you use technology that we have patented. Either pay us some royalties or we will sue you.”

It is important to be aware that patents are different than copyrights. A copyright covers the creative work itself — that piece of data itself, as written or recorded. Examples include source code, an executable binary, some song lyrics, a book, a musical recording, a photograph, a video, etc. A patent covers an invention, in other words, an idea. So, for instance, you could have a certain kind of pulley system patented. And you could have the blueprints (or CAD drawings, etc.) copyrighted. Roughly, the patent covers the idea, while the copyright covers a data object.

According to Title 35 §101 of the US Code, the things you can patent are these: “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”.

Well, what if someone had a patent on e-commerce? That is the issue in this Ars Technica article about the legal fight between Newegg and Soverain Software. (Read the article. It’s great.) Soverain Software is a patent troll, in the sense described above. And, at one point, they acquired a patent for the idea of an internet shopping cart. They didn’t actually do the “invention” or file for the patent. Apparently they got it from a software outfit that was going out of business in 2001. Well, who uses web shopping carts? Everyone. Soverain has sued the likes of J.C. Penney, TigerDirect, Avon, Victoria’s Secret, Best Buy, Office Max, Home Depot, IBM, and others. Not all the cases have been resolved, but Soverain was pulling in millions of dollars.

Newegg was also being sued by Soverain, and they said, “This is bullshit.” (That’s a quote from Newegg’s Chief Legal Officer.) Instead of settling with Soverain, they fought. Finally, they got Soverain’s patents declared invalid. This saves them and many other e-commerce businesses tons of money.

It seems extreme to be able to patent an idea as general as internet shopping cart. But are there other ideas that potentially should be covered by patent protection? What would be the justification for that? Would copyright be enough by itself?

My guess is that act utilitarianism would favor a policy of no software patents but some level of copyright protection for software and source code. However, I haven’t worked through the act utilitarian evaluation step-by-step. Furthermore, there are many ways copyrights can be structured, and that is another complication. We will be talking about this more in class in a couple of weeks. But please weigh in with your initial thoughts!

what I have found on Te’o and a connection to this class.

Ok, so this first paragraph will just be a summation of the Te’o story. For anyone who already knows the story go ahead and skip to the bottom paragraph to see how this pertains to our class. For those who don’t know, Manti Te’o was a linebacker for Notre Dame. He is from Samoan heritage, born in Hawaii, of Mormon faith and went to a catholic school for some reason. In the 2012 football season he lead Notre Dame to an undefeated regular season and a birth in the national title game where they got smacked around by Alabama. That game aside Te’o was the leader on the Notre Dame defense that was one of the best in the country. Te’o won almost every award a linebacker can win in college football and was second in the Hiesman trophy race. What made Te’o so compelling was his tragic story of loss. On September 12th, Te’o lost his grandmother to cancer. Then less than 24 hours later he lost his girlfriend Lenney Kekua to cancer as well. Everyone felt for Te’o back in September. The Notre Dame students cheered him for his strength at all Notre Dame pep rallies. ESPN and other news channels ate this story up. The media attention and Notre Dames winning season pushed Te’o into a national name and top choice for the Heisman. ESPN sports writer Skip Bayless passionatly pushed Te’o for the Hiesman in this article.  In the end, Notre Dame was outmatched in the title game and Te’o didnt get the Heisman, but the fame for his play and strength in the face of loss made it look like he would go in the top 10 in this years NFL draft.

On january 16th, Deadspin.com broke the story that Te’os girlfriend Lenney Kekua wasn’t a real person. That she never existed. Then Te’o came under attack from all across the nation. Had he made this women up just to get his Heisman chances up? Did he lie just for the attention of the country? Te’o said he was lied to. That he was tricked into thinking the girl he had an internet relationship with for months was real and he didnt have any reason to think she was fake. So the line was drawn. in most peoples eyes, Te’o was either a schmuck who fell for an awful internet prank and was humiliated in front of the nation. Or he was a sociopath who created this lie to serve himself and help his brand name.

Now more parties involved in this story have come out. the man behind the hoax, who ran Kekua’s facebook and twitter accounts, the man who called Te’o for months using a cypher to cover his voice, is Ronaiah Tuiasosopo. I have yet to find a reason for Tuiasosopo to do any of these things but it is evident by the way he has acted since the story broke that he is very involved. It is really interesting to look at the tweets outlined  the bleacherreport.com has kept a running article with live updates of the Te’o situation. In there article the outline the entire Te’o story from every angle.

Finally Wednesday January 23rd, Te’o had his first live interview with anyone since the story broke. Here is a video and article of Te’o with Katie Couric. In it he tells his side of the story, why he lied, what his truth is.

His story and whether he was duped or is a lying sociopath is up for you to decide but since i eclipsed the 500 word mark awhile ago, here is my connection for this class. Does Deadspin have the right to publish something that could be very harmful to a persons credibility, character, and future when they dont have every fact of the story? Deadspin article does great damage to all those things involving Te’o, and they didnt have to entire truth at there disposal. They took what they knew, that his girlfriend didnt exist, and ran with it. If Te’o lied, then the public should know the absolute truth, but if he was tricked and had no evil intent, then dead spin just threw out this story for the country to laugh at. So does deadspin have the right to do this without knowing the full truth? Is it ok to just throw out what they know even if it invades Te’os privacy and turns him into a laughing stock when he could be an innocent victim?

Fair Use: Do you “own” the media on storage mediums?

If you buy a CD or book do you “own” it and should you be free to use it as you wish?

First, can you even copy your own media from one form to another? With CDs you now can copy them to in a cloud storage site / music player (through companies like amazon with the roll out of Amazon AutoRip). But with DVD making backups on your computer  is illegal (because you have to break DRM).

Do you have to buy the same media in difference formats for every device you own which seems “wrong” to having to repurchase VHS then DVD then Blue ray then digital download of the same material when there is nothing (other then legally) stopping you  from copying it over from one format to the next.

Second, can you resale or lend CD you own with others (first sale doctrine). Physical lending a CD to a friend doesn’t seem to be wrong morally (legally is another matter) since you can’t have it at the same time. It would be like a lending/selling a microwave. Digital lending a song is another matter because it would be like cloning a microwave and both people can use it. Assuming you do not delete your the file when the friend has it. 

If you buy a microwave you can do anything you want with it from reselling, taking it apart. or putting tin foil in it. So when you buy music should it be any different? Are you buying a licence to listen to a song, a piece of plastic, or the song itself? 

U.S. Government Raises Penalties for Stealing Trade Secrets

An article came out today from a site called Mondaq that publishes news on laws – especially corporate ones. The article describes new, harsher, upgraded penalties for stealing trade secrets. The most notable of which are monetary. For an individual, fines were raised from $500,000 to $5,000,000, or fifteen years imprisonment! Corporate fines were raised from a $10,000,000 cap to up to three times the company-whose-trade-secrets-were-stolen’s worth. There was also an additional amendment that changes the former law from applying only to products a company sells, to now where even ideas and services are protected.

In my opinion, this law is another display of where the government’s real interests come from. I think that this is just another display of the fact that messing with people’s money is more heinous than violent crimes to our politicians. For instance, according to this site, the average sentence for a rape that went to trial (the higher side of the spectrum) was just under 25 years. The average of someone who plead out (the low side) was about 11 1/2 years. This is for rape – a traumatic, life altering experience that really doesn’t need a description from me to put it into perspective. But for stealing a trade secret, a person can sit in jail for 15 years and/or take a $5,000,000 fine. I find this beyond outrageous and utterly disgusting. How can someone, let alone the United States government, value money more than people’s lives? It is my unyielding position that violent crimes should face the harshest penalties possible because there is an actual victim who has to face years of life-altering consequences. Money is worthless and can always be replaced. I can see harsher penalties for companies that pull stuff like Enron did, or that cause another company to go completely bankrupt, but what that comes down to is that someone is going to have to go through the temporary displeasure of having to relocate and find a new job, or, the more miserable case of having to rebuild your life savings from scratch. I think that neither case is comparable to having to live the rest of your life without a parent because they were mugged and killed, or all the psychological issues that stem from being raped. Anyhow, maybe I’ve digressed a bit from the topic. Do you guys think that the punishments for stealing trade secrets should be raised? Any other thoughts on the issue?

UK Anonymous Hackers Get Jail Time

Even though I have just written a post, I came across this article and I am completely mind blown. Anonymous, probably the most popular and well known hacker group in the world, is basically an independent hacker organization that seems to run on their own morals. Basically, they want an open internet, and they stand for a lot of other things, but they are famous for hacking into websites and exposing people’s sensitive information. They are known for launching DoS (denial-of-service) attacks on websites to shut them down, most notable being the FBI’s website, Government websites in the UK, and GoDaddy domains, among others. They have threatened Governments around the world, criminal organizations, even religious groups. Recently they attacked the Westboro Baptist Church, a religious group that acts as a hate group that had plans to picket the memorial service for the Sandy Hook Elementary School, by launching a DoS attack on their website to shut it down, exposed sensitive information of the WBC members (addresses, full names), and even hacked a member’s Twitter page. Anonymous seems to live above the law, and is very successful at it too.

The reason for such a length summary of Anonymous is because of what this article means. Four members of Anonymous have been arrested in the UK for attacks on websites as part of actions carried our by Anonymous. Guess what the longest prison sentence received was? 18 months. Honestly I am confused. These members launched DoS attacks on websites owned by Paypal, Visa, Mastercard, and the British Recorded Music Industry, and are receiving pretty lenient sentences, considering what Anonymous has done in the past. Anonymous’ actions have put many people’s lives in danger, security at risk, and ruined people’s lives, as in the case of Michael Nodianos, who even though was in the wrong for saying what he said about a rape victim in the video, the video surely was not intended to be made public and has made it dangerous for Nodianos to even walk around in public in Ohio. Why is it that some members of the secret Anonymous organization have been found out and given such lenient prison terms, when they can get out sooner than 1.5 years and continue working for Anonymous?

Sony Fined For PlayStation Network Breach

Officials at Sony woke up today to a very interesting problem. According to this  article from Ars Technica, Sony is being fined $395,000 by a UK government body for the security breach that was suffered by users of PlayStation network back in 2011. At first, this doesn’t seem fair to Sony. People/Organizations should not have to be punished for being hacked. However, the UK argues that Sony, being such a huge corporation, should have been able to prevent this from happening. Back in 2011 when the network was breached, user’s dates of birth, names, email addresses, home addresses, passwords, and possibly credit card information were gleaned from Sony. The breach was so bad that Sony engineers had to shut down PlayStation network for three weeks in order to rebuild it. According to the Information Commissioner’s office (the body suing Sony), the network breach “could have been prevented if the software had been up-to-date, while technical developments also meant passwords were not secure.” They believe that Sony could have prevented all of this sensitive information from being leaked if their software had been current and secure. How have they deduced this? The IFO says a “data controller failed to take the action required [redacted] to address the vulnerability even though appropriate updates were available.”

Unsurprisingly, Sony disagrees with the ruling and plans to appeal, even though $395,000 is pocket change to the corporation. The most interesting thing about this situation is that nothing has been said about the 77 million users who were afflicted by the security breach. The IFO has not said anything about what their plans are for the money if they win the case in court, but would the users get some of that money? It does not sound like it. In 2011, Sony offered an incentive to all PlayStation network users for suffering the security breach, but that incentive is nothing compared to the bank cards and addresses that were leaked, possibly causing people to lose their hard-earned money.