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      <title>Ibiblio Feeds</title>
      <description>Pipes Output</description>
      <link>http://pipes.yahoo.com/pipes/pipe.info?_id=6a05935244c82345d7b0a0ef7844c9fa</link>
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      <pubDate>Thu, 01 Oct 2015 22:54:24 +0000</pubDate>
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      <item>
         <title>Freedom for the New Year</title>
         <link>http://fstutzman.com/2012/01/05/freedom-for-the-new-year/</link>
         <description>The new year is off to a great start with a flurry of press coverage for both Freedom and Anti-Social.  The coverage started with Pico Iyer's wonderful New York Times piece, The Joy of Quiet.  Iyer's reflection on finding quiet in the modern world touched a nerve - in the new years there seems to be a coalescing sense of weariness around &quot;connecting and sharing with people in our lives.&quot;</description>
         <guid isPermaLink="false">http://fstutzman.com/?p=2393</guid>
         <pubDate>Thu, 05 Jan 2012 21:04:15 +0000</pubDate>
         <content:encoded><![CDATA[<p>The new year is off to a great start with a flurry of press coverage for both Freedom and Anti-Social.  The coverage started with Pico Iyer&#8217;s wonderful New York Times piece, <a rel="nofollow" target="_blank" href="http://www.nytimes.com/2012/01/01/opinion/sunday/the-joy-of-quiet.html">The Joy of Quiet</a>.  Iyer&#8217;s reflection on finding quiet in the modern world touched a nerve &#8211; in the new years there seems to be a coalescing sense of weariness around &#8220;connecting and sharing with people in our lives.&#8221;  <span id="more-2393"></span>Over on Slate, columnist Katie Roiphe responded by asking &#8220;<a rel="nofollow" target="_blank" href="http://www.slate.com/articles/life/roiphe/2012/01/why_is_the_freedom_app_so_popular_.html">Why is the Freedom app so popular?</a>&#8221;  This piece was in turn replied to on <a rel="nofollow" target="_blank" href="http://gawker.com/5872927/katie-roiphe-ignores-friends-begging-her-to-stay-off-the-internet">Gawker</a> (too much inside baseball) and a few other sited, but my favorite analysis is from the thoughtful <a rel="nofollow" target="_blank" href="http://www.contemplativecomputing.org/2012/01/katie-rophie-gives-up.html">Alex Soojung-Kim Pang on Contemplative Computing</a>.</p>
<p>In other media coverage, <a rel="nofollow" target="_blank" href="http://www.thedailybeast.com/newsweek/2011/12/30/31-ways-to-get-smarter-in-2012.item-5.html">Newsweek Magazine recommended Freedom</a> as one of &#8220;31 Ways To Get Smarter In 2012, and &#8221; Mashable included Freedom and Anti-Social prominently in the article <a rel="nofollow" target="_blank" href="http://mashable.com/2012/01/03/block-internet-distractions-apps/#view_as_one_page-gallery_box3669">6 Apps That Block Online Distractions So You Can Get Work Done</a>.</p>
<p>I was also extremely pleased to see <a rel="nofollow" target="_blank" href="https://twitter.com/#!/MargaretAtwood/status/154182403802415106">Margaret Atwood tweet about Freedom</a>.  All in all, a wonderful way to start the new year!</p>]]></content:encoded>
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      <item>
         <title>Google’s Social Challenge</title>
         <link>http://fstutzman.com/2011/06/29/googles-social-challenge/</link>
         <description>Yesterday's launch of the Google &quot;+&quot; suite of products was a pleasant surprise.  Google's &quot;social network&quot; project has long been rumored, and Google's approach to social -- a suite of independent tools -- was forward-thinking.  It is abundantly clear that Google has great minds working on this project; I enjoyed seeing Googlers I follow start Tweeting about their parts of &quot;+&quot;.</description>
         <guid isPermaLink="false">http://fstutzman.com/?p=2374</guid>
         <pubDate>Wed, 29 Jun 2011 22:38:57 +0000</pubDate>
         <content:encoded><![CDATA[<p>Yesterday&#8217;s launch of the <a rel="nofollow" target="_blank" href="http://googleblog.blogspot.com/2011/06/introducing-google-project-real-life.html">Google &#8220;+&#8221; suite of products</a> was a pleasant surprise.  Google&#8217;s &#8220;social network&#8221; project has long been rumored, and Google&#8217;s approach to social &#8212; a suite of independent tools &#8212; was forward-thinking.  It is abundantly clear that Google has great minds working on this project; I enjoyed seeing Googlers I follow start Tweeting about their parts of &#8220;+&#8221;.<span id="more-2374"></span></p>
<p>The knee-jerk reaction the announcement of these tools is to contrast them against &#8220;traditional&#8221; models of social software, such as the profile-centric ego network embodied by Facebook.  &#8220;+,&#8221; much like Twitter and post-2007 Facebook, thrive on activity streams within a set of bounded networks; these tools move beyond a profile-centric notion of sociality and into content-rich activity streams.  &#8220;+&#8221; treats these streams holistically &#8211; they could be comprised of links (e.g. Circles) or real time conversation (e.g. Hangouts).  In a way, this next-generation &#8220;social networking&#8221; is somewhat of a return to roots, leveraging technologies and modes of interaction that are well-worn and comfortable rather than new and challenging.</p>
<p>The natural question for Google&#8217;s &#8220;+&#8221; is: Will it succeed?  To consider this question, we must define success.  One definition of success is displacing Facebook; I do not believe this is Google&#8217;s goal.  Google&#8217;s long-term viability depends on social in the sense that search must be made social; to do this, Google must &#8212; through one way or another &#8212; discover our social networks and employ this information in relevance judgments.  Google&#8217;s definition of success, I believe, is the creation of a technology that enables the enumeration and active maintenance of each user&#8217;s weighted social network going forward.</p>
<p>The maintenance of a network <em>going forward</em> implies long-term vibrancy &#8211; for &#8220;+&#8221; to be central to Google&#8217;s social reinvention, we must keep a copy of our up-to-date social networks in &#8220;+.&#8221;  The logic here is simple: Google must be able to adapt to network dynamics to stay socially relevant.  If you move to a new town or job and fail to update your &#8220;+&#8221; then the relevance of social search will suffer.</p>
<p>Over the years, I&#8217;ve thought and written about a few successful models for social networks.  Sites such as Last.fm or Flickr depend on <em>social objects</em> around which we construct shared experience.  LinkedIn succeeds because of <em>latent value</em> in networks; you probably don&#8217;t check LinkedIn a ton &#8211; but when you are in need LinkedIN may contain very powerful ties.  <em>Curation</em> has emerged as a powerful model &#8211; think Tumblr other sites where highly selective sharing is the norm.  Finally, the traditional model of social is that of the <em>ego network</em>, in which a site overlays your social networks with a technical infrastructure.  Facebook or Myspace are canonical ego nets, and Google&#8217;s &#8220;+&#8221; fits squarely in this mold with promises to &#8220;bring the nuance and richness of real-life sharing to software.&#8221;</p>
<p>As Google and countless other companies have discovered, the development of an ego-centric social network site is challenging.  Getting past the standard UX/UI challenges, we must be motivated to use the software &#8211; and I have argued a key factor for success is that the <a rel="nofollow" target="_blank" href="http://fredstutzman.com/dissertation.html">site addresses a situationally relevant information need</a>.  Facebook was so successful because it captured a population in the midst of life change; the software was immensely useful for addressing the information needs of students.  Perhaps my greatest worry about &#8220;+&#8221; is I can&#8217;t figure out how the software is situationally relevant.</p>
<p>At this stage, it seems that &#8220;+&#8221; attempts to differentiate based on privacy.  That is, Google feels that monolithic models of sharing are &#8220;awkward&#8221; or &#8220;broken&#8221; &#8211; and the definition of sharing groups solves the problem.  I have worked in privacy long enough to know two things.  First, privacy is not a market differentiator for privacy-inelastic populations.  Second, privacy is not a feature &#8211; it is a process.  My work with <a rel="nofollow" target="_blank" href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1597745">Woody Hartzog</a> on <a rel="nofollow" target="_blank" href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1566904">boundary regulation</a> shows that privacy is just one of many motives for disclosure regulation.  danah boyd and Alice Marwick&#8217;s <a rel="nofollow" target="_blank" href="http://www.zephoria.org/thoughts/archives/2011/05/09/how-teens-understand-privacy.html">latest draft</a> on teen privacy practices highlights the practice of finding privacy in public.  While I appreciate Google&#8217;s nod to the problems of boundary regulation, I am skeptical of the feature&#8217;s actual value.</p>
<p>Of course, there are plenty of other ways to drive interest to a social site.  Designing something intrinsically cool is one.  Designing something intrinsically valuable is another.  Making a process less expensive &#8212; in terms of capital or labor &#8212; also works.  I look at the Hangout product and I see something that I had to pay for from Skype or Adobe.  But what I don&#8217;t see is a clear informational advantage to motivate use of the service, and that worries me.</p>
<p>With the launch of &#8220;+,&#8221; Google has demonstrated facility and creative thinking.  Google has also clearly been chastened by Buzz, <a rel="nofollow" target="_blank" href="http://fstutzman.com/2010/02/16/what-google-could-learn-from-goffman/">which was nothing less than a dangerous, brute-force attack on our social graphs</a>.  Google&#8217;s social search strategy requires our networks, and it requires networks that we maintain over time.  To construct a vibrant social place, Google must move beyond cool design or cost displacement, it must create a product that is valuable, that truly betters our lives.  That is Google&#8217;s challenge, and I will be interested to see how &#8220;+&#8221; rises to the challenge.</p>]]></content:encoded>
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         <title>Identifying Social Capital in the Facebook Interface</title>
         <link>http://fstutzman.com/2011/05/12/identifying-social-capital-in-the-facebook-interface/</link>
         <description>This week, Christian Yoder and I were in Vancouver to present our note, &quot;Identifying Social Capital in the Facebook Interface&quot; at the CHI 2011 conference.  This research was envisioned and led by Christian - it was his undergraduate honors thesis, for which he received highest honors.  It was a proud moment to see a student I had mentored presenting research at the premier venue for HCI studies.  Christian presented the findings to a packed room - I'd guess about 250 people with an overflow room as well.  We were lucky to be slotted with CMU's Moira Burke, who does amazing work on the relationship between Facebook use and social well-being.</description>
         <guid isPermaLink="false">http://fstutzman.com/?p=2367</guid>
         <pubDate>Thu, 12 May 2011 16:08:45 +0000</pubDate>
         <content:encoded><![CDATA[<p>This week, Christian Yoder and I were in Vancouver to present our note, &#8220;<a rel="nofollow" target="_blank" href="http://fredstutzman.com/papers/CHI2011_Stutzman.pdf">Identifying Social Capital in the Facebook Interface</a>&#8221; at the CHI 2011 conference.  This research was envisioned and led by Christian &#8211; it was his undergraduate honors thesis, for which he received highest honors.  It was a proud moment to see a student I had mentored presenting research at the premier venue for HCI studies.  Christian presented the findings to a packed room &#8211; I&#8217;d guess about 250 people with an overflow room as well.  We were lucky to be slotted with CMU&#8217;s Moira Burke, who does amazing work on the relationship between Facebook use and social well-being.<span id="more-2367"></span></p>
<div id="__ss_7940378" style="width:425px;"><strong style="display:block;margin:12px 0 4px;"><a rel="nofollow" title="Identifying Social Capital in the Facebook Interface" target="_blank" href="http://www.slideshare.net/fstutzman/identifying-social-capital-in-the-facebook-interface">Identifying Social Capital in the Facebook Interface</a></strong><embed id="__sse7940378" width="425" height="355" type="application/x-shockwave-flash" src="http://static.slidesharecdn.com/swf/ssplayer2.swf?doc=yoderchifinalsinglebuild-110512101253-phpapp01&amp;stripped_title=identifying-social-capital-in-the-facebook-interface&amp;userName=fstutzman"/> 
<div style="padding:5px 0 12px;">View more <a rel="nofollow" target="_blank" href="http://www.slideshare.net/">presentations</a> from <a rel="nofollow" target="_blank" href="http://www.slideshare.net/fstutzman">Fred Stutzman</a>.</div>
</div>
<p>Over the past few years, a number of influential studies have explored the relationship between Facebook use and social outcomes &#8211; with no work being more prominent or influential than the body of work constructed by Ellison, Lampe, and Steinfield.  Over a number of studies, the MSU team has robustly identified both main and interaction effects in the relationship between Facebook use and social capital.  One of the most prominent findings from this work concerns the relationship between Facebook use and bridging social capital &#8211; the idea that Facebook effectively brings you closer to your extended group of weak ties.</p>
<p>Building on this work, Christian decided to explore this relationship in more depth &#8211; by focusing on the relationship between Facebook interface element use and bridging social capital.  Since we know that Facebook use is associated with bridging social capital, we wanted to understand what types of uses are associated with bridging social capital.  Christian devised and implemented a survey that measured intensity of use of Facebook wall posts, status updates, direct messages, and chatting, and explored the relationship between these types of uses and social capital.  We found that wall posting, in particular, was associated with bridging social capital &#8211; which conditionally supported our hypothesis that &#8220;third party visible&#8221; communication (a unique affordance of SNS) is critical to the production of social capital.</p>
<p>You can read more about the precise details of the study, including the methodology and measurement techniques, <a rel="nofollow" target="_blank" href="http://fredstutzman.com/papers/CHI2011_Stutzman.pdf">by downloading the pre-print</a> or <a rel="nofollow" target="_blank" href="http://www.slideshare.net/fstutzman/identifying-social-capital-in-the-facebook-interface">viewing the slideshare of Christian&#8217;s talk</a>.  A key take away from this research is the importance of publicly visible communication &#8211; for all of the criticism Facebook has taken over the way it handles the News Feed, the ability to broadcast to a bounded public proves inherently useful.  A secondary take away is the fact our gender control was significant, which indicates that males, who may feel more comfortable disclosing information publicly due to different attitudes about privacy, gain more from public disclosures than females.  NB: All limitations apply &#8211; self report, study done at one college, etc.  We welcome your comments and feedback!</p>
<p>A big thanks goes out to both Jane Brown and Paul Jones, who mentored this work as thesis advisors.  The work was supported by a grant from UNC&#8217;s Office of Undergraduate Research, and Christian&#8217;s travel was made possible by the UNC JOMC Knight Chair.  Thank you!  Finally, I&#8217;m happy to add Christian&#8217;s paper to a growing list of my students that have been published.  In January, work on social networks and privacy by my undergraduate student Jamila Thompson <a rel="nofollow" target="_blank" href="http://fredstutzman.com/papers/CHB2011_Stutzman.pdf">was published in the journal Computers in Human Behavior</a>.  Earlier, Brett Bumgarner&#8217;s excellent work on <a rel="nofollow" target="_blank" href="http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/2026/1897">motivations for Facebook use was published in First Monday</a>.  I&#8217;m very proud of all these students!</p>]]></content:encoded>
         <category>Research</category>
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      <item>
         <title>Networked Information Behavior in Life Transition</title>
         <link>http://fstutzman.com/2011/01/10/networked-information-behavior-in-life-transition/</link>
         <description>I'm pleased to share my dissertation, Networked Information Behavior in Life Transition. Thank you to Dr. Gary Marchionini and my committee for their wonderful guidance and feedback.</description>
         <guid isPermaLink="false">http://fstutzman.com/?p=2361</guid>
         <pubDate>Mon, 10 Jan 2011 18:41:14 +0000</pubDate>
         <content:encoded><![CDATA[<p>I&#8217;m pleased to share my dissertation, Networked Information Behavior in Life Transition. Thank you to Dr. Gary Marchionini and my committee for their wonderful guidance and feedback.</p>
<p><a rel="nofollow" target="_blank" href="http://bit.ly/fdsthesis">Download PDF </a> (<em>Large file</em>)<span id="more-2361"></span></p>
<p><strong>Abstract</strong></p>
<p>This study explores the supportive and informational uses of social network sites that facilitate adaptation to transition. Adaptation to transition is a complex process contingent upon the management of stress associated with transition and general integration into the transitional environment. This study focuses on the transition to college, a major life event requiring integration into new settings, the negotiation of informational challenges, and the mastery of new roles and identities.</p>
<p>Social network sites represent a connective infrastructure within personal networks. Because social network sites are inherently connective, they afford a location for provision and receipt of social support during transition, and a site for the acquisition of information necessary for integration into the transitional environment. Drawing on data collected directly from a social network site that describes the networked activity of a freshman class over the course of their first semester at college, from a sample survey of freshmen with 1,198 respondents, and from 15 semi-structured interviews, this research has two primary components.</p>
<p>In the first component of analysis, I explore the structure and dynamics of socio-technical networks during transition. Using exponential random graph modeling, I identify the role and magnitude of preference, socio-demographic, and configuration factors in structuring socio-technical networks during transition. I then use an econometric framework to demonstrate that certain types of information sharing and profile change are associated with socio-technical network growth.</p>
<p>In the second component of analysis, I explore uses of social network sites that facilitate adaptation to transition. Using multiple regression and structural equation modeling, I demonstrate that supportive and social-informational uses of social network sites in transition exert a direct and mediated positive effect on overall adaptation. I then draw on interviews to explore supportive and informational uses of the social network site during transition, finding that social network sites are useful in pre-transition preparation, for social adaptation, and for academic support throughout the transition. Upon evaluation, I demonstrate that a social network site is a useful place to turn for the social and informational support that facilitates adaptation to transition.</p>]]></content:encoded>
         <category>Research</category>
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      <item>
         <title>NPR covers Anti-Social</title>
         <link>http://fstutzman.com/2010/12/14/npr-covers-anti-social/</link>
         <description>Yesterday, my software Anti-Social was featured on the NPR program &quot;All Things Considered.&quot;  The story was part of the weekly &quot;All Tech Considered&quot; segment that highlights technological trends and innovations.  I really enjoyed the story - and I actually heard it on the broadcast, which was quite exciting.  Here's a quote from the story:</description>
         <guid isPermaLink="false">http://fstutzman.com/?p=2349</guid>
         <pubDate>Tue, 14 Dec 2010 21:59:37 +0000</pubDate>
         <content:encoded><![CDATA[<p>Yesterday, my software <a rel="nofollow" target="_blank" href="http://anti-social.cc">Anti-Social</a> was <a rel="nofollow" target="_blank" href="http://www.npr.org/2010/12/13/132029642/stop-me-before-i-facebook-again">featured on the NPR program &#8220;All Things Considered.</a>&#8220;  The story was part of the weekly &#8220;All Tech Considered&#8221; segment that highlights technological trends and innovations.  I really enjoyed the story &#8211; and I actually heard it on the broadcast, which was quite exciting.  Here&#8217;s a quote from the story:<span id="more-2349"></span></p>
<blockquote><p>Nielsen, the media research firm, calculated that one in every 4 1/2 minutes online is spent on blogs and social networking sites.</p>
<p>So, Fred Stutzman, a software developer, created an application to combat all of this time wasting. It&#8217;s called Anti-Social.</p>
<p>The idea came to him after he fell into the Wikipedia trap: &#8220;You&#8217;re doing some writing, you&#8217;re doing some research, and you want to look something up and you find yourself at Wikipedia,&#8221; Stutzman says. &#8220;And, as it always happens, one page on Wikipedia turns into to two to five to 10, and then you spend an hour learning about things but not necessarily getting work done. So by having a simple barrier to keeping yourself offline, it&#8217;s very effective in terms of productivity.&#8221;</p></blockquote>
<p><a rel="nofollow" target="_blank" href="http://www.npr.org/2010/12/13/132029642/stop-me-before-i-facebook-again">You can listen to the story, &#8220;Stop Me Before I Facebook Again,&#8221; here.</a></p>
<p>In the wake of the story, I&#8217;ve received a number of requests for a Windows version of Anti-Social.  First of all &#8211; yes, a Windows version is coming.  It is a little tricky to produce, but one is in development.  Second, now that I&#8217;ve completed my dissertation, I hope to find the time to push the beta of Anti-Social for Windows soon.</p>]]></content:encoded>
         <category>Thoughts</category>
      </item>
      <item>
         <title>Dissertation Defense Talk Slides</title>
         <link>http://fstutzman.com/2010/12/09/dissertation-defense-talk-slides/</link>
         <description>Yesterday, I successfully defended my dissertation, &amp;#8220;Networked Information Behavior in Life Transition.&amp;#8221;  Thank you to everyone that came and supported me.  The defense was an experience I&amp;#8217;ll never forget.  I would like to thank my committee: Dr. Gary Marchionini, SILS, UNC-Chapel Hill Dr. Deborah Barreau, SILS, UNC-Chapel Hill Dr. danah boyd, Microsoft Research Dr. Sri [...]</description>
         <guid isPermaLink="false">http://fstutzman.com/?p=2346</guid>
         <pubDate>Thu, 09 Dec 2010 19:50:46 +0000</pubDate>
         <content:encoded><![CDATA[<p>Yesterday, I successfully defended my dissertation, &#8220;Networked Information Behavior in Life Transition.&#8221;  Thank you to everyone that came and supported me.  The defense was an experience I&#8217;ll never forget.  I would like to thank my committee:</p>
<ul>
<li>Dr. Gary Marchionini, SILS, UNC-Chapel Hill</li>
<li>Dr. Deborah Barreau, SILS, UNC-Chapel Hill</li>
<li>Dr. danah boyd, Microsoft Research</li>
<li>Dr. Sri Kalyanaraman, JOMC, UNC-Chapel Hill</li>
<li>Paul Jones, JOMC and SILS, UNC-Chapel Hill</li>
</ul>
<p>It was a great honor to work with my committee, and I appreciate their guidance in my work.  There are still a few edits remaining on my dissertation, and I will post it when I submit the final copy to the graduate school.  In the meantime, I&#8217;ve posted the slides from my talk as a Slideshare.</p>
<div style="width:425px;" id="__ss_6091593"><strong style="display:block;margin:12px 0 4px;"><a rel="nofollow" target="_blank" href="http://www.slideshare.net/fstutzman/fred-stutzman-dissertation-defense-6091593" title="Fred Stutzman Dissertation Defense">Fred Stutzman Dissertation Defense</a></strong><embed name="__sse6091593" src="http://static.slidesharecdn.com/swf/ssplayer2.swf?doc=fredstutzmandissertationdefense-101209102752-phpapp02&#038;stripped_title=fred-stutzman-dissertation-defense-6091593&#038;userName=fstutzman" type="application/x-shockwave-flash" width="425" height="355"></iframe> 
<div style="padding:5px 0 12px;">View more <a rel="nofollow" target="_blank" href="http://www.slideshare.net/">presentations</a> from <a rel="nofollow" target="_blank" href="http://www.slideshare.net/fstutzman">Fred  Stutzman</a>.</div>
</div>]]></content:encoded>
         <category>Research</category>
      </item>
      <item>
         <title>CHI 2011 workshop: “Privacy for a Networked World”</title>
         <link>http://fstutzman.com/2010/12/03/chi-2011-workshop-privacy-for-a-networked-world-bridging-theory-and-design/</link>
         <description>I am one of the organizers of the CHI 2011 workshop &amp;#8220;Privacy for a Networked World&amp;#8221;: Bridging Theory and Design. The workshop will be held on May 7 in Vancouver, BC. I encourage researchers studying privacy in social technologies to apply, this is a great opportunity to build a community dedicated to the study of [...]</description>
         <guid isPermaLink="false">http://fstutzman.com/?p=2338</guid>
         <pubDate>Fri, 03 Dec 2010 19:16:28 +0000</pubDate>
         <content:encoded><![CDATA[<p>I am one of the organizers of the <a rel="nofollow" target="_blank" href="http://chi2011.org">CHI 2011</a> workshop <a rel="nofollow" target="_blank" href="http://networkedprivacy.wordpress.com/"><em>&#8220;Privacy for a Networked World&#8221;: Bridging Theory and Design</em></a>. The workshop will be held on May 7 in Vancouver, BC. I encourage researchers studying privacy in social technologies to apply, this is a great opportunity to build a community dedicated to the study of privacy in socio-technical interaction. The CFP follows.</p>
<p>CHI 2011 workshop: &#8220;Privacy for a Networked World&#8221;: Bridging Theory and Design</p>
<p><a rel="nofollow" target="_blank" href="http://networkedprivacy.wordpress.com/">http://networkedprivacy.wordpress.com/</a></p>
<p>As our lives are more commonly mediated by information technology, an interactional perspective to how people find and construct privacy in socio-technical interactions has proven effective as a starting point for theoretical and empirical studies of privacy in everyday life in which online interactions have a significant role.</p>
<p>Yet, there remain important open questions regarding how to translate results based on this perspective into design practice. Addressing these questions requires a greater sensitivity to when interactional privacy is applicable, a better understanding of suitable research methods, and more effective means for communicating results to the researcher and practitioner communities. The goal of this workshop is to bring privacy theory and design together.</p>
<p>We seek participants from various domains for a multidisciplinary workshop to share their knowledge and views of both the theory and design of interactional privacy.</p>
<p>Position papers are invited on the following topics:</p>
<ol>
<li> Theoretical and empirical study of interactional privacy.</li>
<li>Ways of designing for interactional privacy.</li>
</ol>
<p>Submitted position papers will be peer-reviewed by a workshop committee. The organizers will disseminate the results at the CHI conference and plan to submit a proposal for a special issue in a relevant journal in response to an open Call for Papers.</p>
<p>Interested parties should submit a position paper of 2-4 pages, in the <a rel="nofollow" target="_blank" href="http://chi2011.org/authors/format.html">CHI Extended Abstracts format</a>, to the EasyChair submission central at <a rel="nofollow" target="_blank" href="http://tinyurl.com/networkedprivacy">http://tinyurl.com/networkedprivacy</a> by Jan 14, 2011. At least one author of each accepted paper must register for the workshop and for one or more days of the CHI 2011 conference.</p>
<p>IMPORTANT DATES</p>
<ul>
<li> Submission deadline &#8211; Jan 14, 2011</li>
<li> Notification of acceptance &#8211; Feb 11,2011</li>
<li>Workshop at CHI2011 &#8211; May 7, 2011</li>
</ul>
<p>ORGANIZERS</p>
<p>Airi Lampinen, Helsinki Institute for Information Technology HIIT, Finland<br />
Fred Stutzman, School of Information and Library Science, UNC-Chapel Hill, USA<br />
Markus Bylund, Swedish Institute of Computer Science, Sweden</p>
<p>If you have any questions or would like to learn about this workshop, please contact the organizers at networkedprivacy[at]gmail.com.</p>]]></content:encoded>
         <category>Thoughts</category>
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         <title>Dissertation Defense, December 8</title>
         <link>http://fstutzman.com/2010/12/03/dissertation-defense-december-8/</link>
         <description>After months of extensive research, I have proved that blogging and writing a dissertation have an inverse relationship. I&amp;#8217;m happy to invite you to my dissertation defense, December 8 at 10AM, in Manning 014. This is a small room so seating might be limited. Full information is available on the SILS website. I hope to [...]</description>
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         <pubDate>Fri, 03 Dec 2010 18:48:20 +0000</pubDate>
         <content:encoded><![CDATA[<p>After months of extensive research, I have proved that blogging and writing a dissertation have an inverse relationship.  </p>
<p>I&#8217;m happy to invite you to my dissertation defense, December 8 at 10AM, in Manning 014.  This is a small room so seating might be limited.  Full information is available <a rel="nofollow" target="_blank" href="http://bit.ly/dH5H8w">on the SILS website</a>.</p>
<p>I hope to post my dissertation in a few weeks.  I will share it here when it is ready for public viewing.  </p>]]></content:encoded>
         <category>Research</category>
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         <title>New Yorker on Procrastination (and Freedom)</title>
         <link>http://fstutzman.com/2010/10/04/new-yorker-on-procrastination-and-freedom/</link>
         <description>The October 11 New Yorker features a review of current thinking on procrastination from James Suroweicki, and I&amp;#8217;m pleased to note a brief nod to Freedom.  The article is based on a new collection of essays on procrastination, edited by Chrisoula Andreou and Mark D. White.  It is refreshing to read an article on procrastination [...]</description>
         <guid isPermaLink="false">http://fstutzman.com/?p=2318</guid>
         <pubDate>Tue, 05 Oct 2010 00:51:45 +0000</pubDate>
         <content:encoded><![CDATA[<p><a rel="nofollow" target="_blank" href="http://fstutzman.com/wp-content/uploads//2010/10/eustacetilley.jpg"><img class="size-medium wp-image-2319 alignright" style="margin-left:10px;" title="eustacetilley" src="http://fstutzman.com/wp-content/uploads//2010/10/eustacetilley-189x300.jpg" alt="" width="189" height="300"/></a>The October 11 New Yorker features a <a rel="nofollow" target="_blank" href="http://www.newyorker.com/arts/critics/books/2010/10/11/101011crbo_books_surowiecki?currentPage=all">review of current thinking on procrastination</a> from James Suroweicki, and I&#8217;m pleased to note a brief nod to <a rel="nofollow" target="_blank" href="http://macfreedom.com">Freedom</a>.  The article is based on a <a rel="nofollow" target="_blank" href="http://www.oup.com/us/catalog/general/subject/Philosophy/HumanNature/?view=usa&amp;ci=9780195376685">new collection of essays</a> on procrastination, edited by Chrisoula Andreou and Mark D. White.  It is refreshing to read an article on procrastination that doesn&#8217;t get lost in causal claims about technology or how different everything is nowadays.</p>
<p>Last weekend&#8217;s Financial Times magazine also contained mention of Freedom.  The author Katie Roiphe <a rel="nofollow" target="_blank" href="http://www.ft.com/cms/s/2/ebe6af6a-cb70-11df-95c0-00144feab49a.html">describes an experiment spending a week offline</a>.  Roiphe writes:</p>
<blockquote><p>A man I meet at a party tells me about a software program called “<a rel="nofollow" target="_blank" href="http://www.macfreedom.com/">freedom</a>”.  It asks you how long you would like to be offline (i.e. free) and you  tell it, and then it disables your computer so you can’t get on to the  internet for that time – or, in its words: “Freedom locks you away from  the internet.” If you should suddenly need to go on the internet, you  can restart your computer and disable the program, but it offers that  extra bit of resistance; it is the superego, the self-control that you  don’t quite have, or in its own slightly Orwellian terms, “Freedom  enforces freedom”.</p></blockquote>
<p>I&#8217;ll <a rel="nofollow" target="_blank" href="http://www.ft.com/cms/s/2/ebe6af6a-cb70-11df-95c0-00144feab49a.html">refer you to the article</a> to see how the week offline goes.</p>]]></content:encoded>
         <category>Noticed</category>
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         <title>Upcoming Talk – UC Irvine</title>
         <link>http://fstutzman.com/2010/09/14/upcoming-talk-uc-irvine/</link>
         <description>On Friday, September 24, I&amp;#8217;ll be presenting the following Informatics Seminar at UC Irvine&amp;#8217;s Department of Informatics: Title: Socio-Technical Support Networks During Life Transition Abstract: Modern life is characterized by transition.  Completing education, moving between jobs and residential relocation are examples of the transitions that challenge us, enable personal growth, and facilitate the construction of [...]</description>
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         <pubDate>Tue, 14 Sep 2010 17:52:44 +0000</pubDate>
         <content:encoded><![CDATA[<p>On Friday, September 24, I&#8217;ll be presenting the following Informatics Seminar at <a rel="nofollow" target="_blank" href="http://www.ics.uci.edu/informatics/">UC Irvine&#8217;s Department of Informatics</a>:</p>
<p><strong>Title:</strong><br />
Socio-Technical Support Networks During Life Transition</p>
<p><strong>Abstract:</strong><br />
Modern life is characterized by transition.  Completing education, moving between jobs and residential relocation are examples of the transitions that challenge us, enable personal growth, and facilitate the construction of our life stories.  Successful adaptation to transition is a function of social-informational processes.  During a transition, individuals are challenged to make sense of their transitional environment, while developing socially supportive resources that aid in transition.  Large-scale adoption of social media, and resultant tightly-coupled mediated sociality has the potential to facilitate life transition; through social media, individuals are able to answer situationally relevant information needs, while drawing on extended support networks.  Using observational data collected during one such transition &#8211; the transition to college &#8211; this project explores social network site information practices during life transition.  In particular, I explore the dynamics of network configuration during the early stages of transition, identifying factors relevant to the assemblage and growth of socio-technical support networks.  I then explore the outcomes of social network site use during transition, identifying information behaviors associated with adaptation to transition.</p>
<p>I believe the talk will be at 3PM.  I&#8217;m looking forward to visiting the Department of Informatics, as well as meeting with faculty and students.  I&#8217;ll update the post with location information as we get closer to the date.</p>]]></content:encoded>
         <category>Research</category>
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         <title>Forced Exposure ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130818120421175</link>
         <description>The owner of Lavabit tells us that he's stopped using email and if we knew what he knew, we'd stop too. &lt;p&gt; There is no way to do Groklaw without email. Therein lies the conundrum. &lt;p&gt;

 What to do?</description>
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         <pubDate>Tue, 20 Aug 2013 06:40:00 +0000</pubDate>
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         <title>Apple v. Samsung I: Case Management Statement, Hearing Aug. 21 ~pj Updated</title>
         <link>http://www.groklaw.net/article.php?story=20130815114627670</link>
         <description>There will be a hearing in &lt;i&gt;Apple v. Samsung I&lt;/i&gt; in Judge Lucy Koh's courtroom, Courtroom 8 on the 4th floor,  on August 21 at 2:00 PM, so if any of you stalwarts can attend, that would be fabulous. You don't even have to wake up early.

&lt;p&gt; What's it about?  Didn't they just have a case management hearing in April?  Why yes. Yes, they did, but there have been &quot;progress and changes&quot; since, according to the parties'  &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/ApplevSamsung-2362.pdf&quot;&gt;Joint Case Management Statement&lt;/a&gt; [PDF], which fills us in on the details.  Both parties would like some changes since the last case management hearing.  Here's the last &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130423104726680&quot;&gt;joint case management statement&lt;/a&gt;, back in April.  And the judge's &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130430151123965&quot;&gt;order&lt;/a&gt; on April 30 was to go forward immediately with the damages trial, unless certain things happened in the USPTO reexaminations of Apple's patents at issue.  Some of those things have almost happened, and there are other quirks, so some changes are being requested.  &lt;p&gt;  The real core issue is 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=
20130509083407920&quot;&gt;Samsung's '381 motion&lt;/a&gt;, asking for a new trial on Apple's '381 patent based on newly discovered evidence or for entry of judgment on liability. Apple &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130723123630784&quot;&gt;Opposes with a capital O&lt;/a&gt;.  It now wants another chance to &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/ApplevSamsung-2358.pdf&quot;&gt;file a sur-reply&lt;/a&gt; [PDF], which Samsung 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
ApplevSamsung-2360.pdf&quot;&gt;opposes&lt;/a&gt; [PDF], claiming that &quot;Apple identifies no 'new' arguments Samsung raised in its reply that were not
responsive to arguments in Apple's opposition.&quot;  The parties have been told that this motion wasn't on the calendar yet, but that they should be prepared to argue it on August 21. There is also the fact that the USPTO has &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130728091353477&quot;&gt;found&lt;/a&gt; all relevant claims in the '915 patent invalid in a final office action. There can be more to come on that, but how does it impact the damages trial is the question?&lt;p&gt;
And that is why we really should be there to hear it, if any of you can arrange your affairs to get there and be our eyes and ears. Samsung is telling the court that  &quot;Apple is attempting to 'sandbag'
	Samsung and obtain an unfair tactical advantage&quot;  by various proposals on how to go forward and by refusing to seriously meet and confer with Samsung.   For example, Apple wants the judge to restrict the parties to the same exhibits used at the first trial.  But that's not really fair in Samsung's eyes, because since that first trial, Apple has said things to the USPTO that conflict with what they said about the '381 and '915 patents at that trial:&lt;blockquote&gt;Samsung does not believe the Court should limit the parties to the 	same exhibits disclosed prior to the first trial. For example, Apple has made numerous 	admissions to the USPTO subsequent to the first trial that directly contradict its arguments 	concerning the scope of the '381 and '915 patents. Apple should not be permitted to tell the
	Patent Office one thing and the new jury another. Samsung should be able to put this new 	evidence before the jury. Doing so would raise no issues concerning inconsistent appellate 	records because liability issues are not being retried and this damages trial will have its own 	separate record. Rather, the trial should be held based on an evidentiary record as it exists at the 	time of the new trial.&lt;/blockquote&gt;  If you can go, email me please and I'll tell you more.  &lt;p&gt; [&lt;b&gt;Update:&lt;/b&gt; We still need a volunteer.]</description>
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         <pubDate>Thu, 15 Aug 2013 17:34:00 +0000</pubDate>
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         <title>Judge Robart Rules in MS v. Motorola: Seeking an Injunction on a FRAND Patent Can Be Perfectly Proper ~pj Updated - As text.</title>
         <link>http://www.groklaw.net/article.php?story=20130813103929243</link>
         <description>Judge James L. Robart has now &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/MSvMotorola-843.pdf&quot;&gt;ruled&lt;/a&gt;  [PDF, 38 pages] on Microsoft and Motorola's summary judgment motions, granting in part and denying in part.   
&lt;p&gt; He
 has ruled that seeking an injunction over a FRAND patent can be proper and is not necessarily a breach of the FRAND commitment:&lt;blockquote&gt;Additionally, as explained above, material issues of fact exist regarding whether the October offer letters violated the duty of good faith. In addition to the rate contained in the offer letters, the jury will consider language of the letters, the circumstances surrounding the letters, the industry custom and practice, and Motorola's intent in sending the letters. Motorola has presented evidence that the letters were sent in good faith, and the jury will make the final determination....&lt;p&gt;
As discussed above, in certain circumstances seeking injunctive relief may constitute a breach of the RAND commitment, whereas in other circumstances such conduct may be proper. The timing of when a party seeks injunctive relief in a separate forum relative to a pending action is germane to whether that party acted in bad faith in seeking such relief. In other words, it may very well be the case that seeking injunctive relief absent a pending lawsuit is good faith, whereas seeking the same relief during the pendency of litigation over a RAND rate is bad faith.&lt;/blockquote&gt; So it's up to the jury.   He has, therefore, denied Microsoft's motion asking him to rule that Motorola violated its duty of good faith, because, he says, &quot;there are numerous disputed issues of material fact precluding summary judgment on Microsoft's claim that Motorola violated its good faith duty.&quot;  So it has to go to a jury.   What does it mean? It means that the Microsoft/Apple attempt to get courts to rule that FRAND patent owners can't ever seek injunctions   has failed.  This court was Microsoft's best chance to win on that, and it lost.</description>
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         <pubDate>Tue, 13 Aug 2013 15:25:00 +0000</pubDate>
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         <title>First 104 pages of Aaron Swartz Secret Service File Released - Who is the female  on page 97? ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130812182937201</link>
         <description>Kevin Poulsen at Wired &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.wired.com/threatlevel/
2013/08/swartz-foia-release/&quot;&gt;reports&lt;/a&gt; that the first 104 pages of Aaron Swartz's Secret Service files are available now, with a lot more to come, as a result of court ordered release. There are apparently  14,500  more pages to come. &lt;p&gt;
  Look at page 97.  It's redacted so the identity of the woman is kept confidential, but it appears from the notation that a woman was in contact with authorities and informing them of conversations between her and Swartz.</description>
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         <pubDate>Mon, 12 Aug 2013 22:49:37 +0000</pubDate>
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         <title>Reports from the Apple v. Samsung Appeal Hearing ~pj - Updated 8Xs - Audio</title>
         <link>http://www.groklaw.net/article.php?story=2013080915202257</link>
         <description>Today was the day Apple's &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
article.php?story=20130213223239597&quot;&gt;appeal&lt;/a&gt; of Judge Lucy Koh's 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
article.php?story=20121218075540657&quot;&gt;refusal&lt;/a&gt; to
issue an injunction against Samsung was scheduled at the &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.cafc.uscourts.gov/&quot;&gt;US Court of Appeals for the Federal Circuit&lt;/a&gt; in Washington, DC.  And Groklaw had two volunteers there.  The first report is in, and we expect Webster to
send in his report next. Groklaw's RFD has the framework of how it went, but he confesses he couldn't predict the outcome.&lt;p&gt;</description>
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         <pubDate>Fri, 09 Aug 2013 19:38:00 +0000</pubDate>
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         <title>Motorola Presses Its Case v. Microsoft's FRAND Attack in Seattle and  in Germany ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130809051706980</link>
         <description>Things are getting interesting in Seattle in the FRAND case between Microsoft and Motorola.  At the &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130731195124475&quot;&gt;hearing&lt;/a&gt; the other day, our reporters mentioned that the judge had asked for cases to support Motorola's position that the time frame to consider Motorola's good faith in  making its initial offer  was back when it happened: &lt;blockquote&gt;Judge asks when duty of good faith bargaining begins and ends. Motorola says it is ongoing. But each breach complaint is pinned to a specific date -- not tied to the progress of the litigations. Mentions FTC order re Google acquisition of Motorola. FTC did not say that *prior* injunctive relief requests had to be dropped. &lt;/blockquote&gt;   And our second report added this:&lt;blockquote&gt;The German action was filed July 2011, MS didn't say they would accept a RAND offer until Sept 2011, and as such breach can't be a moving target. MS is stuck with the facts at the time of the complaint. Robart seemed skeptical of this, &quot;Do you have authority for that?&quot; answer about getting back with more briefing &quot;I think you're wrong, but I'll be happy to read your brief.&quot; 

Sullivan says they have an ongoing duty, but a new breach action would be required, and the litigation in this case can't be included in this current breach action. &lt;/blockquote&gt;  So this is about the German action, which Microsoft claims caused it financial damages it would like to recoup,  and I'll tell you more about that, because Microsoft is very upset about it all.  Motorola has &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/MSvMotorola-833.pdf&quot;&gt;followed up&lt;/a&gt; [PDF] with two cases, and Microsoft has provided an &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/MSvMotorola-819Ex1.pdf&quot;&gt;excerpt&lt;/a&gt; [PDF] from the &lt;i&gt;Daubert&lt;/i&gt; hearing that we didn't attend the day before, so that's nice to have.  &lt;p&gt;  On Microsoft's side, it naturally immediately 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
MSvMotorola-820.pdf&quot;&gt;filed the USTR's letter&lt;/a&gt; [PDF] blocking the injunction against Apple by Samsung, although its cover letter is misleading as to what the USTR said.  You knew they would do that. And they are 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
MSvMotorola-838.pdf&quot;&gt;in quite a tizzy&lt;/a&gt; [PDF] over the fact that Motorola continues to proceed in the German case, where it already got an injunction against Microsoft, which this Seattle judge purports to have the authority to block.  However, Microsoft had already made a financial offer of royalties to Motorola in that case, and Motorola, to Microsoft's horror, accepted them. The rate is higher than what this Seattle judge  set, so Microsoft has smoke coming out of its ears about how unfair it is that Motorola accepted its original offer.  So Microsoft is 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
MSvMotorola-840.pdf&quot;&gt;asking&lt;/a&gt; [PDF] the court to &quot;to renew and expand its anti-suit injunction to curtail Motorola's ongoing efforts in Germany to undercut the jurisdiction of this Court and to attempt to procure inconsistent rulings.&quot;&lt;p&gt; As for the judge, he's maybe starting to realize that some of his assumptions about FRAND requirements conflict with what the experts are now telling him. He expresses a measure of confusion about it in 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
MSvMotorola-822.pdf&quot;&gt;an order&lt;/a&gt; [PDF] on what the experts for both sides can tell the jury. Here's what he won't allow Motorola's experts to tell them: that being willing to negotiate is sufficient to meet a FRAND obligation.  That contradicts what this judge has already ruled in this crazy case, so he doesn't like that, I suppose.  The &quot;reason&quot; they can't say that to the jury is, he says, because he gets to decide what is or isn't a fulfillment of a RAND obligation, in that he's Da Law on Microsoft's obligations under Washington state law which he believes the world must go along with, Germany included. Experts can't opine on legal conclusions.  However, Motorola has now informed him via this route that he's been getting some things seriously wrong on what FRAND obligations are and what good faith requires. Perhaps it will influence him. He says that the Motorola experts can input how the jury instructions read.  I wouldn't put much faith in that if I were Motorola, and I gather they don't.  This German prong is getting interesting, I must say.</description>
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         <pubDate>Fri, 09 Aug 2013 11:09:00 +0000</pubDate>
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         <title>Apple, Motorola, ITC - Federal Circuit Remands - The Beat Goes On ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130807165626642</link>
         <description>The Federal Circuit has just ruled in Apple's appeal of a final ruling of the ITC, which had ruled in Motorola's favor, overturning the ITC in part and remanding the case: &lt;blockquote&gt;Apple appeals from the final decision of the International Trade Commission (ITC) that the asserted claims of U.S. Patent No. 7,663,607 ('607 patent) are invalid and that Motorola does not infringe the asserted claims of U.S. Patent No. 7,812,828 ('828 patent). Apple challenges the ITC's claim construction and its determinations of obviousness, anticipation, and noninfringement. For the following reasons, we affirm-in-part, reverse-in-part, and vacate-in-part the ITC's decision and remand for further proceedings.&lt;/blockquote&gt;  So the ugly dance continues.  Apple started the show in this particular tent of the overall smartphone patent wars circus, suing Motorola at the ITC for infringement of various claims of Apple's '607 and '828 patents, which are about touchscreens and multi-touch.    The ITC found that Motorola didn't do what the claims cover, and Apple appealed.  As you know, the Federal Circuit never saw a patent it didn't love, or at least rarely do they, and in their opinion, the ITC didn't correctly throw out certain prior art or come up with the correct construction of another patent, blah blah, and under the new Federal Circuit definitions and guidance, Motorola might infringe, so back it has to go to the ITC to reconsider the Federal Circuit's way:&lt;blockquote&gt;We remand so the ITC can consider that evidence in conjunc- tion with the evidence of secondary considerations and determine in the first instance whether claim 10 would have been obvious to one of skill in the art at the time of the invention....&lt;p&gt;We thus vacate the ITC's decision that Motorola does not infringe the '828 patent claims and remand the case to allow the ITC to consider in the first instance whether the accused products infringe under the correct construction of &quot;mathematically fitting an ellipse.&quot;&lt;/blockquote&gt; So back it goes. If you want to know what is going wrong in patent law, just read this ruling. Seriously.</description>
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         <pubDate>Wed, 07 Aug 2013 21:28:00 +0000</pubDate>
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         <title>Apple's ITC Presidential Pardon v. The ITC's Opinion ~pj - Updated 2Xs</title>
         <link>http://www.groklaw.net/article.php?story=20130806152107849</link>
         <description>Samsung had already &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/SamsungvITCAppeal-28.pdf&quot;&gt;appealed&lt;/a&gt; [PDF] the portion of the ITC Opinion that denied it relief against Apple regarding the mainly non-FRAND patents the ITC ruled Apple did not infringe, and in connection with that appeal, we find the complete public version of the 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
SamsungvApple-ITC-Opinion.pdf&quot;&gt;ITC Opinion&lt;/a&gt; [PDF] that the President just overruled attached as an exhibit.  It's long, 162 pages because there is an appendix bundled  in that same PDF, but I want to show you a few excerpts from the opinion that I hope will demonstrate to you, as they do me, that Apple's pardon was not based on Apple being the good guy in this picture.  The ITC found otherwise on the facts in the record.  In fact, the ITC specifically states in the opinion that Apple failed to prove that Samsung had violated any FRAND obligation.  &lt;p&gt;The pardon, therefore, couldn't have been due to concern about patent hold-up, as was &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
LetterFromanUSTRtoITCAugust2013.pdf&quot;&gt;stated&lt;/a&gt; [PDF], since the ITC specifically found that Samsung had negotiated with Apple in good faith, had already licensed the '348 patent to over 30 companies, and that it was, in fact, Apple that  illustrated the danger of reverse hold-up.  Further, the opinion stated, Apple not only failed to prove that Samsung violated any FRAND obligation, it failed to establish even  what they are.  Further,   Apple conceded in its ITC briefing that FRAND patent holders are not barred from seeking injunctions, and  in fact since Apple argued to the ITC that the '348 patent was not really essential,  this would mean that Samsung had no FRAND obligations, due to the wording of the ETSI terms.  &lt;p&gt; 

So, it was a bit like the papal &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://flps.newberry.org/article/5423968_10_1227&quot;&gt;special dispensations&lt;/a&gt; of history, where the law said X, but you are  &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://en.wikipedia.org/wiki/Dispensation_%28canon_law%29&quot;&gt;let off the hook&lt;/a&gt; from having to keep it.  That makes Apple's reported public response particularly offensive, when it said, &quot;Samsung was wrong to abuse the patent system in this way.&quot;  Samsung didn't abuse the patent system.    It was, as you will see, exactly the opposite, according to the ITC Opinion. And while the President can do whatever he wishes regarding public policy,  the ITC  followed the statute, since it has no policy powers.  In short, one unavoidably must conclude that if Samsung had been the US company and Apple the Korean one, there would have been no pardon. That's the bottom line, I'm afraid.  As Jamie Love 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;https://twitter.com/jamie_love/
status/364043634745671680&quot;&gt;tweeted&lt;/a&gt;, &quot;What Froman and USTR will now have to explain is why India and other countries can't also consider public interest in patent cases.&quot;  As I'll show you, one of the things the ITC considered was public comments warning that changing the terms for FRAND patent owners would make sweeping changes to trade laws, and Korea has already 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://online.wsj.com/article/SB10001424127887324653004578648952344694088
.html&quot;&gt;registered&lt;/a&gt; its concerns.  I'm all for reforming the patent system, as you know, but if you want to reform it, how about making it *more* fair, not less? Playing favorites based on country of origin doesn't aim for that noble goal.  It's indisputable that this has harmed Samsung, and since the ITC, which examined the facts in detail, found it was the innocent party in this picture, what can be the justification for Apple's comment?</description>
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         <pubDate>Tue, 06 Aug 2013 19:21:00 +0000</pubDate>
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         <title>Six Pro-Viacom Amicus Briefs Filed in the 2nd Appeal in Viacom v. YouTube - Yup. Hollywood Still Wants to Control  the Internet</title>
         <link>http://www.groklaw.net/article.php?story=20130803143029704</link>
         <description>There aren't as many amicus briefs in this &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130726211308315&quot;&gt;second Viacom appeal&lt;/a&gt;  as there were in the first, less than half,  but there are six die-hards supporting  Viacom's second appeal who have just filed their amicus briefs in &lt;i&gt; Viacom v. YouTube-Google&lt;/i&gt;. They don't understand the Internet. They hate the DMCA's Safe Harbor provision, and they  have learned absolutely nothing from history or from the rulings in this case so far.  For example, here's the Copyright Alliance cynically predicting the end of the world if the appeals court doesn't overturn the district court judge's ruling for YouTube:&lt;blockquote&gt;
 If the court upholds this decision, the burden of ensuring a safe and legal Internet ecosystem will shift almost exclusively onto the shoulders of authors, practically absolving other stakeholders from being in any way responsible for the activities that occur on their websites.&lt;/blockquote&gt;  That is, I'm sorry to say, not true. There is no shifting *on* to the shoulders of authors, because the Safe Harbor provision in the DMCA *already* puts responsibility on authors to identify their own works if they think they are being infringed. That's what cease and desist letters are for. And after you send one, the entity you sent it to has responsibilities indeed, a responsibility to act.  The only shifting in this picture is folks like the Copyright Alliance trying to shift that burden of identifying infringement onto Google instead. Because Google has lots of money, right? They're smart, right?   Why can't they have to come up with something that won't cost authors anything or make them lift a finger to protect their own works?&lt;p&gt;

This group has   learned nothing at all about the Internet.  All they want is that  they want it to stop being the way it is.   The Internet is allegedly killing them.  The DMCA is giving YouTube a free ride, to hear them tell it, and the lower court judge, they argue, misinterpreted it.   Back in the '80s, it was Sony allegedly destroying copyright  with their wicked anti-copyright VCRs that let home users video films and tv shows.  Now it's the Internet and Google and YouTube allegedly stealing money out of the mouths of starving artists.  The arguments are the same. &lt;p&gt; But do they suffer from amnesia? One amicus brief states clearly that the majority of money Hollywood makes from movies is from sales of things like DVDs after the theater release.   The very thing they told the court back in the days of the 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://supreme.justia.com/
cases/federal/us/464/417/&quot;&gt;Sony Betamax&lt;/a&gt; case would destroy them turned out to be what kept them in business.   They lacked vision back then, and they still do. But can't they compare and notice how wrong they were back then and extrapolate?&lt;p&gt; It's actually worse. It's greed. They want to make the Internet the new goldmine, as you can see in this telling quote from the &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/ViacomvYouTube2ndAppeal-97-AmicusAmerFedMusicians.pdf&quot;&gt;amicus brief&lt;/a&gt; [PDF] by the American Federation of Musicians et al:&lt;blockquote&gt;
The motion picture and television industry's financial models and well-being, and that of the employees represented by the Guilds and Unions, heavily rely on &quot;downstream&quot; revenue, or revenue from the exploitation of its products subsequent to the theatrical release or first television run.5This was never truer than it is today - 75% of a typical motion picture's revenues derive from exploitation after the initial theatrical release, as do more than 50% of a television program's revenues after the initial television run. Internet exhibition and distribution, in particular, is one area of potential downstream revenue that is continuing to develop, evolve and expand as technology advances.&lt;/blockquote&gt; They want their business model to stay the same and just squeeze the Internet into it until it screams and dies, morphed into a money machine for them, while you and I can do without the real Internet, because it's too free-wheeling for their business model.  What do they care about technical progress?  This is about money, honey. If every other use of the Internet dies because of their bull-in-a-china-shop ways, what do they care?  They never grokked the Internet anyhow.</description>
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         <pubDate>Sat, 03 Aug 2013 21:39:29 +0000</pubDate>
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         <title>Report from the Microsoft v. Motorola Hearing in Seattle ~pj Updated</title>
         <link>http://www.groklaw.net/article.php?story=20130731195124475</link>
         <description>There was a hearing today in  US District Court Seattle before the Hon. James L. Robart, the presiding judge  in &lt;i&gt; Microsoft v. Motorola&lt;/i&gt;.  We had two volunteers there, and   I have our first report for you.  &lt;p&gt; This was the hearing on their RAND dispute building up to the second part of the trial in this litigation which is set to  begin on August 26th, and, as is typical before a trial, both sides brought  motions for summary judgment or partial summary judgment.  There was a trial already, part one,  with the judge only, no jury, and he  &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
article.php?story=20130426080437848&quot;&gt;set a RAND rate&lt;/a&gt; Microsoft should pay to Motorola, a &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=2013042908081722&quot;&gt;very low rate&lt;/a&gt;.  But there is a second trial coming up in August, this time 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?
story=20130520234250279&quot;&gt;with a jury&lt;/a&gt;, on whether or not Motorola breached its RAND obligations, which is what Microsoft claims, and  if so, whether Microsoft should receive damages and attorneys fees. 
Motorola filed a &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
MSvMotorola-720.pdf&quot;&gt;motion&lt;/a&gt; for partial summary judgment [PDF] on those issues. Here's &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
MSvMotorola-740.pdf&quot;&gt;Microsoft's opposition&lt;/a&gt; [PDF]. &lt;p&gt;


 Microsoft  also filed its 
 &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/MSvMotorola-727.pdf&quot;&gt;motion&lt;/a&gt; [PDF] asking for partial summary judgment on breach of contract and summary judgment on  Motorola's 3rd, 4th, 5th, 7th, 8th and 9th affirmative defenses and its second counterclaim.  You can read about the affirmative defenses and counterclaim beginning on page 21. And this is   
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?
story=20130715233446764&quot;&gt;Motorola's response&lt;/a&gt; in opposition to Microsoft's motion.&lt;p&gt;&lt;p&gt;
 That's the long version of what was the subject matter at the hearing, or the starting point.  But here's the simple overview.  Microsoft is claiming  Motorola asked for too high a royalty in its opening offer of its RAND patents and that seeking an injunction for a RAND patent is a breach of contract; and Motorola claims Microsoft sucker punched them by asking for an offer and when it got one, immediately suing instead of negotiating an agreed-upon price. 
  The judge also asked the parties to brief a separate question on what are the proper responsibilities with respect to RAND patents.  What do &quot;good faith&quot; and &quot;fair dealing&quot; mean in that context?  
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=
20130704181910743&quot;&gt;Here's&lt;/a&gt; where you can find both sides' briefs as text,
 &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
MSvMotorola-715.pdf&quot;&gt;Microsoft's&lt;/a&gt; and &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
MSvMotorola-716.pdf&quot;&gt;Motorola's&lt;/a&gt; [PDFs],  and many of the points in those briefs were touched on in the hearing today.</description>
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         <pubDate>Thu, 01 Aug 2013 02:24:00 +0000</pubDate>
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         <title>Abelson Report to MIT on Aaron Swartz Released ~pj Updated</title>
         <link>http://www.groklaw.net/article.php?story=20130730122632843</link>
         <description>Harold Abelson &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://swartz-report.mit.edu/docs/report-to-the-president.pdf&quot;&gt;report&lt;/a&gt; [PDF] to MIT about his investigation into the Aaron Swartz affair is now &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://swartz-report.mit.edu/&quot;&gt;publicly available&lt;/a&gt; on MIT's website, along with a &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://swartz-report.mit.edu/docs/letter-from-president-reif.pdf&quot;&gt;letter&lt;/a&gt; [PDF] from the President of MIT, L. Rafael Reif.  There's a &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://en.wikipedia.org/wiki/
Public_key_fingerprint&quot;&gt;MD5 fingerprint&lt;/a&gt;.&lt;p&gt; It's dated July 26, and the review panel is listed as being made up of 
  Abelson, 	
   Peter	
  A.	
  Diamond, 	
   Andrew	
  Grosso, and	
   Douglas	
  W.	
  Pfeiffer	
  (support).	
	&lt;p&gt; It's not a whitewash.  It clearly sets out that MIT could have done more to achieve a different outcome had it cared about Aaron more and acted more harmoniously with  traditional MIT culture: &lt;blockquote&gt;If the Review Panel is forced to highlight just one issue for reflection, we would choose to look to the MIT administration's maintenance of a &quot;neutral&quot; hands-off attitude that regarded the prosecution as a legal dispute to which it was not a party. This attitude was complemented by the MIT community's apparent lack of attention to the ruinous collision of hacker ethics, open-source ideals, questionable laws, and aggressive prosecutions that was playing out in its midst. As a case study, this is a textbook example of the very controversies where the world seeks MIT's insight and leadership.&lt;p&gt;
A friend of Aaron Swartz stressed in one of our interviews that MIT will continue to be at the cutting edge in information technology and, in today's world, challenges like those presented in Aaron Swartz's case will arise again and again. With that realization, &quot;Neutrality on these cases is an incoherent stance. It's not the right choice for a tough leader or a moral leader.&quot;
In closing, our review can suggest this lesson: MIT is respected for world-class work in information technology, for promoting open access to online information, and for dealing wisely with the risks of computer abuse. The world looks to MIT to be at the forefront of these areas. Looking back on the Aaron Swartz case, the world didn't see leadership. As one person involved in the decisions put it: &quot;MIT didn't do anything wrong; but we didn't do ourselves proud.&quot;&lt;p&gt;
It has not been the Panel's charge for this review to make judgments, rather only to learn and help others learn. In doing so, let us all recognize that, by responding as we did, MIT missed an opportunity to demonstrate the leadership that we pride ourselves on. Not meeting, accepting, and embracing the responsibility of leadership can bring disappointment. In the world at large, disappointment can easily progress to disillusionment and even outrage, as the Aaron Swartz tragedy has demonstrated with terrible clarity.&lt;/blockquote&gt; Not everyone reading the report will agree that MIT &quot;didn't do anything wrong&quot; as the report itself is critical of MIT's stance in certain respects.  However, it does say that there is no one thing that would have for sure changed the outcome:  &lt;blockquote&gt;
In concluding this review, we recognize the desire for a simple take-away, a conclusion that &quot;if MIT had only done this rather than that, things would have turned out OK.&quot; We can't offer one. There were too many choices, too many might-have-beens, too great an emotional shock, and a public response that has been supercharged by the power of the Internet, the same power that Aaron Swartz epitomized and that he helped to create. Even today, with the benefit of hindsight, we have not found a silver bullet with which MIT could have simply prevented the tragedy.&lt;/blockquote&gt;  Here's one. Do something about the Computer Fraud and Abuse Act. There's the silver bullet.</description>
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         <pubDate>Tue, 30 Jul 2013 16:26:00 +0000</pubDate>
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         <title>FSFE Writes Letter to EU Commission, Objecting to FairSearch's Claims Against Google of 'Predatory Pricing'  ~pj Update</title>
         <link>http://www.groklaw.net/article.php?story=201307290822483</link>
         <description>Free Software Foundation Europe has just &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://fsfe.org/news/2013/news-20130729-01.en.html&quot;&gt;announced&lt;/a&gt; it has written &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://fsfe.org/activities/policy/eu/20130729.EC.Fairsearch.letter.en.html&quot;&gt;a letter&lt;/a&gt; to the European Commission, objecting to &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
article.php?story=20130703150037537&quot;&gt;FairSearch's claim&lt;/a&gt; that free distribution of Android software by Google is &quot;predatory pricing&quot;:&lt;blockquote&gt;
The so-called &quot;FairSearch&quot; coalition is essentially asking the European Commission to favour a restrictive business model over a liberal one. This is exactly the opposite of what competition regulators should do in order to achieve a fair and open market. &lt;p&gt;

&quot;Free Software is not about price, it's about liberty, a guarantee of competition and vendor independence. Asking to cripple Free Software in order to allow proprietary vendors to sell their locked-down systems is just absurd&quot; says Carlo Piana, FSFE's General Counsel. &quot;The most substantial threat to competition in the mobile space today are software patents, and we have repeatedly urged antitrust authorities to address this problem,&quot; he adds.&lt;p&gt;
FSFE asks the European Commission to dismiss the &quot;FairSearch&quot; coalition's unfounded claims regarding predatory pricing, and not make them part of whatever steps it decides to take in response to the group's filing. &lt;/blockquote&gt; 

 They tell the Commission that they are writing to  &quot;explain how the distribution of Free Software, whether gratis or for a fee, promotes competition, rather than damaging it.&quot;  For example,   it's  not true that Google compels Android-based phones to exclusively use its own app store, and by releasing the code for free, Google is actually enabling others to easily compete with Google:&lt;blockquote&gt;Google's competitive advantage is essentially ephemeral: the only way to stay ahead of the competition in Free Software is to provide better products or services, and to win users' trust. Barriers to entry for competitors are extremely low. An example is that the platform allows installing alternative marketplace (or &quot;app stores&quot;). The Free Software Foundations promote a &quot;Free Your Android&quot; campaign where they solicit adoption of an alternative marketplace called F-Droid where only Free Software applications are provided. &lt;/blockquote&gt; The letter points out that most of the innovation going on in mobiles is in Free Software:&lt;blockquote&gt;In a powerful illustration of how the Free Software model enables competition, we note that all recent additions to the list of mobile operating systems are largely Free Software. Though Android devices currently make up around 70% of mobile phones and tablets sold, several other Free Software mobile operating systems based on the Linux kernel are setting out to to compete with Android. Examples include Firefox OS (backed by the Mozilla Foundation), Jolla (from the ashes of Maemo, a Nokia project terminated after the company's strategic alignment with Microsoft), Tizen (backed by Samsung, Intel and various telecom providers such as Vodafone and NTT Docomo), and UbuntuMobile (backed by Canonical). &lt;/blockquote&gt;  You can write your own letter to the EU Commission, whether you are a company, a FOSS project, or an individual.  I hope you will. I know some of you have already, because you've been nice enough to let me know, and so I know some beautiful letters have already been sent.  But numbers matter.    Write to: &lt;blockquote&gt;comp-greffe-antitrust at ec.europa.eu &lt;/blockquote&gt;</description>
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         <pubDate>Mon, 29 Jul 2013 13:12:00 +0000</pubDate>
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         <title>Samsung Tells the Court:  USPTO Final Office Action Finds All 21 Claims of Apple's  '915 Patent Invalid ~pj Updated</title>
         <link>http://www.groklaw.net/article.php?story=20130728091353477</link>
         <description>Samsung has just &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/ApplevSamsung-2349.pdf&quot;&gt;notified&lt;/a&gt; [PDF] the US District Court in Northern California that, according to another USPTO Final Office Action,  Apple's '915 patent has been found invalid on reexamination. All 21 claims of the '915 patent bit the dust,  as you can see in 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
ApplevSamsung-2349ExA.pdf&quot;&gt;Exhibit A&lt;/a&gt; [PDF], the USPTO documents The issue is prior art and obviousness.   So, the jury in 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/staticpages/
index.php?page=AppleSamsung&quot;&gt;Apple v. Samsung&lt;/a&gt; got another thing wrong, I see. Apple didn't invent gestures.&lt;p&gt;
 Here's what Samsung tells the court: &lt;blockquote&gt;This Final Office Action by the USPTO is relevant because it rejects all claims of the '915 patent as being anticipated or obvious in view of U.S. Patent No. 7,724,242 to Hillis (&quot;Hillis,&quot;), Japanese Publ No. 2000-163031A to Nomura (&quot;Nomura,&quot;), and other prior art references. This final rejection includes claim 8, which is the only claim of the '915 patent at issue in this action. The jury found at trial that 21 of 24 accused Samsung products infringed claim 8 of the '915 Patent-specifically the Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Fascinate, Galaxy Prevail, Galaxy S (i9000), Galaxy S 4G, Galaxy S II (AT&amp;amp;T), Galaxy S II (i9100), Galaxy S II (T-Mobile), Galaxy Tab, Galaxy Tab 10.1 (WiFi), Gem, Indulge, Infuse 4G, Mesmerize, Nexus S 4G, Transform, and Vibrant. The jury awarded damages as to all products found to infringe the '915 patent except the Galaxy S (i9000) and Galaxy S II (i9100). The new trial on damages scheduled to begin November 12, 2013 includes 12 products that the jury held to infringe claim 8 of the '915 Patent-specifically the Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Prevail, Galaxy Tab, Gem, Indulge, Infuse 4G, Nexus S 4G, and Transform. (See Dkt. No. 2271 at 26; Dkt. No. 2316 at 2.) &lt;/blockquote&gt;
 
 Apple's fancy lawyers can contact the USPTO now and argue against this final office action by telling them the patent doesn't mean what they said it means at trial or whatever Apple tries next.  But one thing is for sure: the judge was right to rule that Samsung wasn't intending to infringe. It genuinely, and now appropriately, believed Apple was bullying Samsung with some questionable patents.  That's the best you can say for them now. 
 Unfortunately, Samsung ran into a jury that didn't know how  where up is and seemed to worship the ground Apple walked on.   So they decided to &quot;send a message&quot;, they said, and punish Samsung.  For infringing some apparently invalid patents, as it now turns out.  Actually, we at Groklaw told you these patents were ridiculous at the time, that patents on algorithms should not be allowed as patentable subject matter in the first place. That is the central problem in US patent law.</description>
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         <pubDate>Sun, 28 Jul 2013 14:17:00 +0000</pubDate>
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         <title>Viacom Files A Second Appeal in Viacom v. YouTube/Google - They'd Like a Trial and a Different Judge ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130726211308315</link>
         <description>Viacom can't seem to find a judge to agree with them that the
 &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;https://www.eff.org/deeplinks/
2006/07/youtube-and-copyright&quot;&gt;DMCA Safe Harbor&lt;/a&gt; should be reinterpreted Viacom's way or that YouTube/Google, specifically, should lose its protection because of its conduct.  Their war against Google's YouTube is into its 7th year, and  Viacom still thinks that YouTube and parent Google should be held responsible for what users do on it.  Specifically, it wants them to have the editorial burden of preventing copyright infringement from happening in the first place, not acting on it when notified of specific infringement by the copyright owner, and it wants it to have to pay for it all by itself.&lt;p&gt;

  So far, it hasn't  worked out for Viacom, because that's exactly what the DMCA says shouldn't happen,  so   they're appealing a second YouTube victory on summary judgment, shopping for an outcome they'd like better than what they keep getting. It argues to the appeals court that the district court judge failed to properly follow the appeals court's directions after the first appeal. &lt;p&gt; So in their &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/ViacomOpeningBrief2ndappeal.pdf&quot;&gt;opening appeal brief&lt;/a&gt; [PDF], Viacom  asks the    U.S.  Court of Appeals for the Second Circuit to send the case back once again to the district court for a trial, but this time with a different judge, once who might be more receptive to Viacom's interpretation of the DMCA:  &lt;blockquote&gt;Given the protracted nature of this litigation (the case is now well into its seventh year) and the evident firmness of the district court's erroneous views regarding the DMCA, this Court should exercise its discretion to remand the case to a different judge &quot;to preserve the appearance of justice.&quot;&lt;/blockquote&gt; Not that this implies any criticism of the judge, Viacom tells the court.  No. Oh no.&lt;p&gt;    You know Hollywood. They want what they want and they want it now.  So rather than ask Congress to change the law, they are shopping for a judge who will do it for them the easy, cheap -- and I might add, improper -- way via a strained interpretation of the law's wording based on the &lt;i&gt; Grokster&lt;/i&gt; case.  But in reality, whether they realize it or not, what they *really* want is for the Internet never to have been born,   or at least to be different, more controlled from above,  like television and the movies, where they can control everything their way, and users just sit back and passively buy what they sell.  And since they can't have that, they want Google to have to control users on the Internet on *their* dime instead of Viacom's, which under the law has the responsibility  to identify copyright infringement and send take-down notices.  Not so, Viacom argues, if, as in the &lt;i&gt; Grokster&lt;/i&gt; case, YouTube was willfully blind.</description>
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         <pubDate>Sat, 27 Jul 2013 15:32:08 +0000</pubDate>
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         <title>Google Files Reply Brief in the Oracle v. Google Appeal - There Is Too a De Minimis Defense and Oracle Knows It ~pj Updated</title>
         <link>http://www.groklaw.net/article.php?story=20130725120314240</link>
         <description>Google has now filed its &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/OraclevGoogleAppeal-GoogleReplyBrief.pdf&quot;&gt;Reply Brief&lt;/a&gt; [PDF] in the appeal in &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/staticpages/index.php?page=OracleGoogle&quot;&gt;Oracle v. Google&lt;/a&gt;. This cross appeal is about alleged copyright infringement for copying by mistake 9 lines of rangeCheck code (out of millions of lines of code) and eight decompiled test files that never made it onto any Android device and were done by a contractor in violation of Google's instructions.  &lt;p&gt;What's the big deal, you ask?  Exactly.  &quot;Google's copying was &lt;i&gt;de minimis&lt;/i&gt;-too insubstantial in relation to the &quot;work as a whole&quot; to be actionable,&quot; Google writes. &lt;p&gt;

 If you recall, Oracle in the &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130705110243564&quot;&gt;brief&lt;/a&gt; Google is here replying to, said that there is  no &lt;i&gt;de minimis&lt;/i&gt; defense in the Ninth Circuit, only fair use. Oracle also admitted this was the first time it brought this up.  It also argued that the materials copied were important.   &lt;p&gt;  Google says there is too a &lt;i&gt;de minimis&lt;/i&gt; defense in the Ninth Circuit, and Oracle knows it.    Oracle now claims the cases establishing that defense were &quot;wrongly decided&quot;,  but earlier in the litigation  &quot;Oracle actually proposed jury instructions embodying the &lt;i&gt;de minimis&lt;/i&gt;-copying doctrine whose existence it now denies.&quot;  That bars Oracle from making the opposite argument now in the appeal, Google states.    &lt;p&gt; In short, Oracle is making a big fuss over trivialities.  Normally, nobody sues over this kind of trivial copying.  But since Oracle has, Google says it was supposed to demonstrate  why such copying was *not* &lt;i&gt;de minimis&lt;/i&gt;, which it has failed to do.  Like, who could? It's stupidly teensy weensy stuff.  Why Oracle can't see that it's making itself look petty and small is the only mystery.</description>
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         <pubDate>Thu, 25 Jul 2013 17:25:00 +0000</pubDate>
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         <title>FTC Announces The Final Google/Motorola Settlement - No Ban on Injunctions for FRAND patents ~pj Updated</title>
         <link>http://www.groklaw.net/article.php?story=2013072414233398</link>
         <description>Here's today's &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.ftc.gov/opa/2013/07/google.shtm&quot;&gt;announcement&lt;/a&gt; from the FTC:  &quot;FTC Finalizes Settlement in Google Motorola Mobility Case&quot;.  And here's the &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://
www.ftc.gov/os/caselist/1210120/130724googlemotorolado.pdf&quot;&gt;Final Order&lt;/a&gt; [PDF], based on the settlement with Google, who admitted no fault and for good reasons, in my view, in that it wasn't at fault. I've long maintained that this is a manufactured complaint to smear and harass and hamper Google by competitors, the usual suspects.  And the good news is, The FTC altered the settlement terms to try for more balance  than &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://ftc.gov/opa/2013/
01/google.shtm&quot;&gt;the draft&lt;/a&gt; it published for comment back in January.&lt;p&gt;   The ban on injunctions on the Motorola FRAND patents has been lifted, although there remain certain  restrictions.  What does it mean?   It means, to me, that there have been reverberations from the &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
article.php?story=20121007194355579&quot;&gt;ITC decision&lt;/a&gt; recently to grant an injunction against Apple for reverse patent hold up, rejecting its defense that Samsung  was violating its FRAND obligations by asking for too much to license. That told the world that injunctions are available to FRAND patent owners. Second, I think it means that the  Microsoft/Apple/FOSSpatents campaign to make the world believe it should be impossible for FRAND patent owners to seek injunctions is failing.   The tide is turning.   Third, this is an order based on a settlement agreement, so it doesn't apply necessarily to anyone else but Google's Motorola patents. But it should have an impact on litigation currently in progress.</description>
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         <pubDate>Wed, 24 Jul 2013 19:40:00 +0000</pubDate>
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         <title>Apple Files Opposition to Samsung's Motion for a New Trial on '381 Patent ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130723123630784</link>
         <description>Apple is, of course, opposed to &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130509083407920&quot;&gt;Samsung's motion&lt;/a&gt; for a new trial regarding Apple's '381 patent, and it has now filed its 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
ApplevSamsung-2345-AppleOpp.pdf&quot;&gt;opposition&lt;/a&gt; [PDF] 
with the court. 
  It's the public, redacted version. Samsung asked for the new trial based on what it says is newly discovered evidence, namely his motion is based on &quot;newly discovered evidence&quot;after &quot;Samsung learned from PTO records made publicly available on June 12, 2013, that Apple had successfully advocated a new claim construction of the only asserted claim - Claim 19 - and significantly narrowed its scope in connection with reexamination proceedings before the PTO to avoid having this claim rejected ...&quot;  &lt;p&gt;Apple however says it has done no such thing.  Or at least, it hasn't done so &quot;unambiguously&quot;.  Hmm. &quot;...Apple's reexamination statements are completely consistent with the position Apple has taken throughout this case,&quot; Apple argues.  Samsung's expert has mischaracterized what Apple said to the USPTO, it says: &lt;blockquote&gt; Apple's statements merely made explicit what was already
 implicit in the patent-that a centering function alone without the recited instructions to translate
 &quot;until the area beyond the edge of the electronic document is no longer displayed&quot; cannot meet
 the requirements of claim 19.  &lt;/blockquote&gt; Even if this were newly discovered, it wouldn't change the outcome at trial.  &quot;The Van Dam Declaration ignores the unrebutted evidence at trial that Samsung's products practice all the limitations of claim 19, rather than merely 're-centering' documents.&quot;  And the cherry on top is the argument that it's too late for Samsung to get a do-over.  Samsung's motion is time-barred.  You only get 28 days after judgment to ask for a new trial, even if there is newly discovered evidence, Apple writes.</description>
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         <pubDate>Tue, 23 Jul 2013 18:05:30 +0000</pubDate>
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         <title>IBM Files Motion for Partial Summary Judgment Based on Novell Agreement in SCO v. IBM ~ pj Updated</title>
         <link>http://www.groklaw.net/article.php?story=20130723082441261</link>
         <description>IBM has now filed its promised Motion and Memorandum for Partial Summary Judgment Based on the&lt;u&gt; Novell&lt;/u&gt; Judgment [&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/IBM-1126.pdf&quot;&gt;PDF&lt;/a&gt;] in &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/staticpages/index.php?page=20031016162215566&quot;&gt;SCO v. IBM&lt;/a&gt;. &lt;p&gt; I started to write IBM v. SCO, because that is what it really is now.  For those who keep track, IBM had received an extension of time to file, until  the 22nd, giving it an extra few days. &lt;p&gt; IBM points out that SCO doesn't own the copyrights it sued over, the pre-1996 UNIX code,  Novell does, so SCO is in no position to complain about copyright anything.  SCO has already claimed that it's talking about claims that now, after it lost the pre-1996 copyright claims, really have to do with post-1996 copyrights or contract issues.  But you don't get to rewrite your complaint any time you think it would be  handy, and SCO's complaint was all about pre-1996 code. Until now, the SCO attempt at a workaround.  &lt;p&gt; We also find out what IBM meant when it said that it believed the &lt;i&gt; Novell&lt;/i&gt; Judgment affected more claims than SCO believed it did.  IBM says that the Novell victory also affects some of IBM's counterclaims,  not just the two and a half SCO claims that remain in the case:&lt;blockquote&gt;Contrary to SCO's suggestion, the &lt;u&gt;Novell&lt;/u&gt; Judgment is not immaterial to IBM's counterclaims. It compels a judgment in IBM's favor on two of the counterclaims, and it resolves elements of other counterclaims against SCO.&lt;/blockquote&gt;</description>
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         <pubDate>Tue, 23 Jul 2013 12:55:00 +0000</pubDate>
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         <title>What's Wrong With The Latest FairSearch Complaint to the EU Commision About Google?  A Lot  ~pj Updated 5Xs</title>
         <link>http://www.groklaw.net/article.php?story=20130703150037537</link>
         <description>I've been  thinking a lot  about  the &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.computerworld.com/s/article/9238260/Group_led_by_Microsoft_Nokia_takes_aim_at_
Android_with_EU_complaint&quot;&gt;latest complaint&lt;/a&gt; to the EU Commission by those persistent anti-Google complainers, &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.fairsearch.
org/&quot;&gt;FairSearch&lt;/a&gt;.  Believe it or not, part of the complaint is that it's anticompetitive to distribute Android for free when proprietary companies have costs for development:&lt;blockquote&gt;When its comes to the charges related to &quot;predatory distribution of Android at below cost&quot; Blaber is less understanding of FairSearch's stance.

&quot;That is a very difficult argument to make in a mobile industry where open source is quickly becoming the norm. ... Really it's only Microsoft that still has a model based on license fees,&quot; he said.&lt;/blockquote&gt;Aha! Microsoft.  So, it's about *Microsoft's* business model, not any other FairSearch 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://googlecompetition.blogspot.co.uk/
2012/09/who-is-fairsearchorg.html&quot;&gt;member&lt;/a&gt;?  Well, maybe Microsoft's little partner, Nokia, but that is the same thing,  having trouble competing against Android,  and complaining to regulators that it's not fair to distribute Android for free when others  have proprietary products that they claim they have to charge for  to recoup their investment.   That makes this complaint yet
 another anti-Linux, anti-Open Source,  anti-GPL attack from   Microsoft, which has a long history of such behavior. &lt;b&gt; It's an 
 attack against the Open Source development model itself.&lt;/b&gt;  Free distribution is the norm for Open Source. It's also, I believe, part of a coordinated smear campaign against Google.  And while FairSearch claims it's not dominated by Microsoft, this complaint demonstrates otherwise. &lt;p&gt;  I  suggest writing to the EU Commission, to make sure they understand what is at issue.  
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://ec.europa.eu/competition/
contacts/antitrust_mail.html&quot;&gt;Here's the page&lt;/a&gt; that lists who to write to:&lt;blockquote&gt; comp-greffe-antitrust at ec.europa.eu&lt;/blockquote&gt;   I know I don't need to remind you that politeness counts.   Also, do read all the instructions on that linked page.  For example, they don't accept any emails larger than 8 MB.   I could do it in a tweet, I suspect: &lt;blockquote&gt;  FairSearch attacks Open Source/GPL. #NotFair.&lt;/blockquote&gt;  I doubt the EU Commission realizes this  is what is at stake, if it took me this long to figure it out, and I'm always trying to be on the alert.    If the EU Commission gets this wrong,  the result would be  that it would discourage use of
Open Source code, out of fear of being accused, if successful, of
anticompetitive behavior for offering free code. &lt;p&gt; Incidentally, South Korea just &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://thenextweb.com/google/2013/
07/18/south-koreas-antitrust-watchdog-acquits-
google-of-android-unfair-use-charges/&quot;&gt;acquitted Google&lt;/a&gt; of any antitrust behavior regarding search, after looking into it for two years, saying there are plenty of alternative search engines (&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.bbc.co.uk/news/technology-23318889&quot;&gt;here&lt;/a&gt; are 11 of them), and the EU Commission should not accept  this new attack against Google as valid either. So far, it's just a complaint, and the Commission looks into any complaint filed, but it's not yet an official investigation, and it should never become one.   I'll show you why I say that.</description>
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         <pubDate>Thu, 18 Jul 2013 20:16:00 +0000</pubDate>
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         <title>Apple v. Samsung Appeal  - Oral Argument Aug. 9 - Can you go? ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130717094629804</link>
         <description>&lt;b&gt;Correction:&lt;/b&gt;  I jumped the gun. This is the appeal of the N.D. Cal.'s decision not to award Apple an injunction against Samsung, in the case where the trial was held last year, not the one about Samsung's successful injunction against Apple at the ITC.  Who can keep track of all the smartphone patent trials?  I should. But I goofed. So here's the correct info. &lt;p&gt; 
Oral argument &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/13-1129-81.pdf&quot;&gt; has been set&lt;/a&gt; [PDF] in this Apple appeal of Judge Lucy Koh's 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
article.php?story=20121218075540657&quot;&gt;ruling&lt;/a&gt; that no injunction would be ordered against Samsung in the first &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
staticpages/index.php?page=AppleSamsung&quot;&gt;Apple v. Samsung&lt;/a&gt; litigation.  That's docket # 2013-1129 at the  US Court of Appeals for the Federal Circuit.   Argument on the appeal of this one issue will be  on August 9 in Washington DC, at 10:00 A.M in
Courtroom 203 before the US Court of Appeals for the Federal Circuit, Howard T. Markey National Courts Building, 717 Madison Place, N.W., Washington, D.C.  Each side gets only 15 minutes to speak, so it will be quick. It's Quinn Emanuel's Kathleen Sullivan for Samsung and Wilmer Hale's William F. Lee for Apple.  If there is any way any of you out there can attend and be our eyes and ears, that would be awesome.</description>
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         <pubDate>Wed, 17 Jul 2013 14:58:00 +0000</pubDate>
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         <title>Motorola Tells Seattle Judge Microsoft Sucker Punched Them Over RAND Patents, and It's &quot;Reverse Hold-up&quot; ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130715233446764</link>
         <description>Microsoft, that devilish litigation machine, now wants to win by summary judgment in the Seattle RAND patent case against Motorola on the next question to be tried, whether Motorola violated a duty of good faith as to its RAND licensing commitments. Motorola, naturally, &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
pdf4/MSvMotorola-758.pdf&quot;&gt;opposes&lt;/a&gt; [PDF].  It wants its day in court with a jury, not just this judge, who keeps beating  Motorola up. At least in Seattle courtrooms, it seems Microsoft can do no wrong.&lt;p&gt;

 What Motorola tells the court is something I hope everyone will read in full, because it says that the reason Motorola sent Microsoft an offer to license its RAND patents is because Microsoft *asked it* to do so, pretending all was normal  between them. Then when they sent their offer and the usual opening price, instead of discussing it, Microsoft immediately sued, claiming the price was too high.&lt;p&gt;
In short, Microsoft sucker punched them.  Motorola calls it reverse hold up, which is what Apple was just found guilty of against Samsung at the ITC for essentially the same type of moves:&lt;blockquote&gt;Microsoft's conduct suggests that it was engaged in &quot;reverse hold-up.&quot; As explained recently by the International Trade Commission in &lt;i&gt;Samsung v. Apple&lt;/i&gt;, &quot;In reverse patent hold-up, an implementer utilizes declared-essential technology without compensation to the patent owner under the guise that the patent owner's offers to license were not fair or reasonable. The patent owner is therefore forced to defend its rights through expensive litigation.&quot;&lt;/blockquote&gt; The details are eye-opening.  All of this, Motorola says, came about because it chose to use Google's Android instead of Microsoft's Windows for mobiles.  There will be a hearing on this July 31, so if any of you are in the Seattle area and can attend, that would be awesome.</description>
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         <pubDate>Tue, 16 Jul 2013 05:10:46 +0000</pubDate>
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         <title>How Many Patents Must Be Read to Clear All Patents Rights on Software? ~ by PolR</title>
         <link>http://www.groklaw.net/article.php?story=20130715054823358</link>
         <description>&lt;p style=&quot;text-align:center;&quot;&gt;&lt;b&gt;How Many Patents Must Be Read to Clear All Patents Rights on Software?&lt;/b&gt;&lt;/p&gt;
    &lt;p style=&quot;text-align:center;&quot;&gt;By PolR&lt;/p&gt;

    &lt;p&gt;There is a popular theory about the ills of the patent system  that there is nothing wrong with software patents. According to this theory, all the problems are due either to bad actors called trolls or to poor quality patents. Then, as the logic goes, the patent system may be fixed by curtailing the activities of bad actors and by improving the quality of the patents.&lt;/p&gt;

    &lt;p&gt;Is that so?</description>
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         <pubDate>Mon, 15 Jul 2013 10:41:23 +0000</pubDate>
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         <title>The Future of IP Software, with Carl Hewitt</title>
         <link>http://www.groklaw.net/article.php?story=20130713134848988</link>
         <description>I think you guys will want to see this extraordinarily interesting &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.youtube.com/watch?v=GuksQ4pFvWA&quot;&gt;talk by Carl Hewitt&lt;/a&gt; on YouTube.  He talks about the future of IP software -- future as in when computers start filing patent applications.   &quot;If there is no principled way to distinguish computation from human thinking&quot; --  then what?  Human thinking isn't patentable.  And if the meaning is a mathematical denotation, and mathematics is also unpatentable, what happens when computers are filing thousands and thousands of patent applications on all the patentable IP in the universe? &lt;p&gt;  A  subtheme is that Mark Lemley, who thinks software patents are acceptable as long as we tweak the USPTO process to screen out claiming the function instead of the way to get to the goal, is suggesting a halfway measure, because the future for the  US patent system is  a  patent quagmire, because of the future capabilities of computers to overwhelm the USPTO with patent applications, none of which should be patentable but which under the current regime would be.</description>
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         <pubDate>Sat, 13 Jul 2013 18:18:48 +0000</pubDate>
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         <title>2nd Group of Professional Security Researchers File Amicus in Support of Auernheimer ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130711223046732</link>
         <description>Orin Kerr now &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.volokh.com/2013/07/09/
amicus-briefs-in-united-states-v-auernheimer/
?ModPagespeed=noscript&quot;&gt;lists&lt;/a&gt; four amicus briefs filed in the Andrew &quot;weev&quot; Auernheimer case. He is one of the attorneys representing him in his appeal pro bono.    We have one of the amicus briefs done as text  
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=
20130710170719460&quot;&gt;here&lt;/a&gt;, the one by security researchers, and now let's look closely at a &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
AuernheimerMudgeAmicus.pdf&quot;&gt;second amicus&lt;/a&gt; [PDF], this one filed by 



Peiter &quot;Mudge&quot; Zatko, C. &quot;Space Rogue&quot; Thomas, Dan Hirsch, Gabriella Coleman,  and other prestigious professional security researchers in support of  Auernheimer.  This one is particularly valuable, in that it carefully explains how a server acts on the World Wide Web and points the finger of blame at AT&amp;amp;T, pointing out that it had the choice to make the page private, but it failed to do so, leaving it open and public to all comers.&lt;p&gt;

They even draw pictures, so there is no chance the court can miss the point of the tech lesson. And they
 ask the court to overturn his conviction, because otherwise the implications of private, ex post facto law-setting by private corporations is terrible to contemplate and may be unconstitutional:
&lt;blockquote&gt; Mr. Auernheimer's conviction on charges of violating the Computer Fraud and Abuse Act, 10 U.S.C. §1030, implies that his actions are in some material way different than those of any web user, and that beyond this, his actions violated a clearly-delineated line of authorization as required by §1030(a)(2)(C). Neither of these statements is true. The data Mr. Auernheimer helped to access was intentionally made available by AT&amp;amp;T to the entire Internet, and access occurred through standard protocols that are used by every Web user. Since any determination that the data was somehow nonpublic was made by a private corporation in secret, with no external signal or possibility of notice whatsoever, such a determination amounts to a private law of which no reasonable Internet user could have notice. On this basis alone, Mr. Auernheimer's conviction must be overturned....&lt;p&gt;
The United States asks this Court to endorse the use of the criminal justice system to cover up a private corporation's failures. AT&amp;amp;T published private consumer data in an inappropriate fashion. Rather than take responsibility for their act, they have asked the criminal justice system to punish the researcher who uncovered their mistake. If this tactic is allowed to flourish, it will allow corporations to choose to terminate any safety oversight of their actions, and instead rely on the criminal process to serve as a cover-up for bad acts. Corporations will have no incentive to treat consumer data with adequate care in the future, since no one but the corporations themselves will be aware of any possible danger. In essence, the precedent that the respondent seeks to create is one that will make

the American taxpayer subsidize the irresponsibility and misfeasance of private corporations through the courts on a scale never before seen.&lt;p&gt;
With this case, this Court has an opportunity to state that it is not acceptable for private corporations to warp the criminal justice system to shield themselves from public scrutiny in their digital public accommodations, any more than it is acceptable in any physical accommodation. Mr. Auernheimer's &quot;crime&quot; was to discover that a public corporation was giving anyone access to private consumer information; he discovered this by, in essence, repeatedly adding 1 to a number. The Court should not condone the metaphorical shooting of a messenger who acted for the safety and security of all. We ask that this Court overturn Mr. Auernheimer's conviction.&lt;/blockquote&gt; The US Constitution &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://legal-dictionary.thefreedictionary.com/ex+post+facto&quot;&gt;forbids&lt;/a&gt; making a law after an act has been committed and thus sweeping into the arms of tha law someone who had no reason to believe the action was illegal at the time it was committed, because in fact it wasn't illegal at that time:&lt;blockquote&gt;It is a fundamental violation of the basic concept of due process for an act to be secretly criminal; AT&amp;amp;T's determination that access to documents it had made public was unauthorized, without making such a determination public in any way, amounts to the creation of a private law.&lt;/blockquote&gt;</description>
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         <pubDate>Fri, 12 Jul 2013 02:43:46 +0000</pubDate>
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         <title>Illustrious Security Researchers file amicus brief telling court: We do what Andrew Auernheimer did. ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130710170719460</link>
         <description>A group of illustrious computer scientists, computer science professors, software developers, privacy researchers, professional and freelance computer  security researchers, and academics have filed an &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/mozillaamicusbrief.pdf&quot;&gt;amicus brief&lt;/a&gt;  [PDF] in support of Andrew &quot;weev&quot; Auernheimer.  They include Mozilla Foundation, Ed Felten,  Matt Blaze, David L. Dill, Bruce Schneier, and Dan Kaminsky.  Biographies are included in the filing for any who don't immediately recognize their names, at the very end as the attached Exhibit A.&lt;p&gt; What is their concern?  Security research depends on being able to do exactly the sort of thing that Auernheimer was just sent to jail for:&lt;blockquote&gt;

Many Amici routinely scrutinize websites, software interfaces, electronic devices, and other computer systems for security and privacy shortcomings, and use information derived from such testing in their work. Researchers commonly test public, unsecured websites to discover how they collect, store, and use consumer information. These tests may include sending websites a series of similar

information requests, changing a variable each time to see how the website will respond. As Defendant-Appellant Andrew Auernheimer did, researchers usually use software programs, or &quot;scripts&quot; to automate these changes and thereby quickly collect more data....&lt;p&gt;&lt;i&gt;Amici&lt;/i&gt; have diverse and deep technological expertise in computer security and privacy from both an academic and practical perspective. Their work - and that of numerous other researchers and security and privacy professionals - is critical to helping protect security and privacy on the computer networks that are key for our nation and economy.&lt;p&gt;
This legitimate, highly valuable research commonly employs techniques that are essentially identical to what Defendant-Appellant did in this case. Most importantly, like Auernheimer, researchers cannot always conduct testing with the approval of a computer system's owner. Such independent research is of great value to academics, government regulators and the public even when - often especially when - conducted without permission and contrary to the website owner's subjective wishes.&lt;/blockquote&gt; Computer security research is vital too &quot;helping protect security and privacy on the computer networks that are key for our nation and economy.&quot;  If his conviction stands, what happens to this vital research?</description>
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         <pubDate>Thu, 11 Jul 2013 16:59:19 +0000</pubDate>
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         <title>Samsung Asks For New Trial on Apple's '381 Patent - New Evidence Has Been Discovered ~pj - Updated 4Xs</title>
         <link>http://www.groklaw.net/article.php?story=20130509083407920</link>
         <description>Samsung has just &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/ApplevSamsung-2338-3.pdf&quot;&gt;filed a motion&lt;/a&gt; for a new trial on liability in  &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/staticpages/index.php?page=AppleSamsung&quot;&gt;Apple v. Samsung&lt;/a&gt; with respect to Apple's '381 patent. That's the bounce back patent, which was used by Apple in the first trial in California,  and the jury ruled that Samsung infringed that patent with 18 products.  As you know, the two companies are currently in the  pre-retrial motion stage leading up to a retrial on the question of damages only, scheduled to begin in November. &lt;p&gt; Meanwhile, the reexamination process continued at the USPTO, with Apple getting them to overrule their earlier final determination that claim 19 of the '381 patent, the claim at issue in this litigation, was not valid due to prior art.  And here comes Samsung with the incredible news that it just learned on June 12th that during the most recent phase of the reexamination process at the USPTO,  Apple narrowed its patent so much to get it to survive  the process that Samsung's products no longer infringe (which Samsung never thought they did anyhow):&lt;blockquote&gt; The eighteen products at issue in this motion are all products for which the jury found infringement of the '381 patent and awarded damages. The Court ordered a new trial on damages as to all of the products at issue in this motion except the Fascinate, Galaxy S 4G, Galaxy S II (AT&amp;amp;T), Galaxy Tab 10.1(WiFi), Mesmerize and Vibrant. Dkt. 2271. This motion is based on &quot;newly discovered evidence&quot; because Samsung learned from PTO records made publicly available on June 12, 2013, that Apple had successfully advocated a new claim construction of the only asserted claim - Claim 19 - and significantly narrowed its scope in connection with reexamination proceedings before the PTO to avoid having this claim rejected due to the Lira reference. Under this claim construction, the Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Fascinate, Galaxy Prevail, Galaxy S 4G, Galaxy S II (AT&amp;amp;T), Galaxy Tab, Galaxy Tab 10.1 (WiFi), Gem, Indulge, Infuse 4G, Mesmerize, Nexus S 4G, Replenish and Vibrant cannot possibly infringe Claim 19 of the '381 patent.&lt;/blockquote&gt; Wow. Why would Samsung have to find this in papers filed with the USPTO instead of from Apple just telling them?   In any case, Samsung argues newly discovered evidence.   The Lira patent is the prior art that caused the USPTO to reject claim 19 earlier.</description>
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         <pubDate>Tue, 09 Jul 2013 21:47:00 +0000</pubDate>
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         <title>SCO's Response to IBM's Objections to SCO's Proposed Partial Judgment ~pj Updated</title>
         <link>http://www.groklaw.net/article.php?story=2013070822452883</link>
         <description>SCO has filed its &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/IBM-1122.pdf&quot;&gt;response&lt;/a&gt; [PDF] to &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130628201330262&quot;&gt;IBM's objections&lt;/a&gt; to SCO's Proposed Partial Judgment &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/IBM-1119-1.pdf&quot;&gt;order&lt;/a&gt; [PDF], which SCO had improperly titled &quot;Proposed Judgment Dismissing SCO's Claims Mooted by the Final Judgment in SCO v. Novell&quot;. &lt;p&gt;  SCO says, OK, you can remove the word &quot;moot&quot; from the proposed order, despite stubbornly insisting it was correct wording: &quot;Because the Novell judgment resolved the claims that SCO agrees can be dismissed, those claims no longer present a controversy and thus can be properly said to be mooted by the Novell judgment.&quot;  In short, SCO doesn't know &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://definitions.uslegal.com/m/moot/&quot;&gt;what &quot;moot&quot; means&lt;/a&gt;, but IBM taught them that the right terminology would be 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://legal-dictionary.
thefreedictionary.com/Decision+on+the+Merits&quot;&gt;&quot;decided on the merits&lt;/a&gt;, meaning SCO can't sue later on the same claims,  and SCO  says, fine, change the wording.    IBM caught them in a trick, or just sloppy wording, and the parties move on.  And OK, SCO agrees to change the wording about   
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=
20051109115627950&quot;&gt;Project Monterey agreement&lt;/a&gt; being a joint venture, which it wasn't,  and almost everything else IBM objected to SCO agrees to change.   IBM is right, SCO agrees, that almost all of the claims in  
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://groklaw.net/article.php?story=
20040207022922296&quot;&gt;SCO's complaint&lt;/a&gt; are dead as a door nail now, because of Novell's victory over SCO regarding the ownership of copyrights, SCO concedes.&lt;p&gt; In fact, SCO's &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/IBM-1122-1.pdf&quot;&gt;revised proposed order&lt;/a&gt; [PDF] is almost identical to the one IBM &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/IBM-1120-1.pdf&quot;&gt;proposed&lt;/a&gt; [PDF], except for one added paragraph by SCO: &lt;blockquote&gt;The following SCO claims remain ripe for adjudication by the Court: SCO's Unfair Competition claim (Count VI) concerning Project Monterey, SCO's Interference with Contract claim (Count VII), and SCO's claim for Interference with Business Relationships (Count IX).&lt;/blockquote&gt; I doubt IBM wants that as part of the order, in that IBM is planning to contest that any of them survived the Novell judgment.  That will be handled in the forthcoming IBM motion on this very topic, which SCO knows is the next step. In effect, SCO is asking for the judge to agree that these claims are still standing.  SCO never quits with the tricks, but what does it mean?  The SCO response reveals what SCO's plan is, as I'll show you.&lt;p&gt;
 Finally, SCO says it also attached a black-lined version of its proposed order showing the changes, but &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/
IBM-1122-2.pdf&quot;&gt;it is  not, in fact, black-lined&lt;/a&gt;.</description>
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         <pubDate>Mon, 08 Jul 2013 16:51:28 +0000</pubDate>
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         <title>My Excellent $199 Chromebook Adventure ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130707160346164</link>
         <description>I impulsively bought one of the &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;https://www.google.com/
intl/en-US/chrome/devices/
acer-c7-chromebook.html&quot;&gt;&amp;#36;199 Acer C7 Chromebooks&lt;/a&gt;, specifically to find out if I could successfully put pure Linux on the &lt;strike&gt;Android&lt;/strike&gt; Chrome OS laptop.   I know Chromebooks run on Linux, the kernel, but I wanted KDE, which is what I normally run.  I wanted both, and I thought it'd be fun. I also thought it might be an easier way to get around Microsoft's Secure Boot, which makes it hard to install a GNU/Linux environment on new laptops. Microsoft never runs out of ways to make it inconvenient to use Linux, of course.  &lt;p&gt;

So when I went to Best Buy, for something else,  I asked if they had any Chromebooks. They were sort of hidden away, on the  the far end of a display of all the Microsoft laptops.   There were only two models, one a Samsung and the other an Acer C7.   I chose the Acer over the Samsung Chromebook because the Acer had both wireless and Ethernet, and with the Samsung, it only had wireless, so if I wanted to  use Ethernet ever, I'd have to get a USB Ethernet adapter. And I like to have both. Plus I worried some donkey would accuse me of pushing Samsung products, since we've been covering the &lt;i&gt; Apple v. Samsung&lt;/i&gt; patents wars. &lt;p&gt; Then, once I got my new Chromebook home, I realized it only had 16 GB of storage, which I hadn't noticed in the store.  Like I say, it was an impulse buy. I didn't think that'd be enough  room for a dual boot.  But just as I was giving up,   a friend told me about 
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;https://groups.google.com/
forum/#%21topic/chromebook-central/Ze-J5HEkeDU&quot;&gt;crouton&lt;/a&gt;.  Oh, my!  A chroot so you don't have to dual boot but can just switch back and forth between Chrome OS and KDE or whatever you like.&lt;p&gt;  The short version of my happy tale is I did it, and  it works. And if I can do it, likely so can you.  It was fun.  I'll show you what I did, and I have some resources in case you can think of an even better way.</description>
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         <pubDate>Mon, 08 Jul 2013 02:57:46 +0000</pubDate>
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         <title>The Oracle Appellate Reply Brief - Correcting FOSSpatents.  Yes. Again. ~ pj</title>
         <link>http://www.groklaw.net/article.php?story=20130706091033171</link>
         <description>Florian Mueller of FOSSpatents has done an article about the Oracle reply brief in the appeal and cross appeal in &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/staticpages/index.php?page=OracleGoogle&quot;&gt;Oracle v. Google&lt;/a&gt; that is so one-sided, I thought I should address it here, so you are not misled. Here's  
&lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
pdf4/OraGoogleAppeal-134.pdf&quot;&gt;Oracle's reply brief&lt;/a&gt; [PDF; &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130705110243564&quot;&gt;Text&lt;/a&gt;].&lt;p&gt;  I've had to correct FOSSpatents before.  For example, in &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/
article.php?story=20120724125504129&quot;&gt;this article&lt;/a&gt; in April of 2012, &quot;&lt;i&gt;Google's Unmerited Damage From Oracle v. Google -- The
FOSSPatents Factor&lt;/i&gt;,&quot;  I showed in detail that his predictions and analysis of the trial segment of this case were  off-base, and unfair, and did not come true, as the jury and court rulings demonstrated clearly.  I hope his hedge fund clients didn't lose their shirts relying on his analysis. For that matter, I hope they didn't make money from  his flawed  analysis either, now that I think about it.  He calls himself an analyst.  So does Rob Enderle. Enderle has stated that he takes money from clients, like Microsoft, and then he writes, independently he claims, articles that coincidentally would warm a client's heart. I would say, then, that Mueller is an analyst in that same limited sense. &lt;p&gt;Oracle is another client of Mueller's.
Oracle hired him  to &quot;advise&quot; the company, so I suppose we shouldn't be surprised that he generally mirrors the Oracle point of view in an endless stream of anti-Google articles. And if that is what you want, X marks the spot. Read whatever you enjoy. &lt;p&gt;  But if what you want is an analysis that includes both sides in litigation,  not to mention predictions that actually come true,  I fear you will not find it there.    So let's take a look at what he wrote about Oracle's brief, and I'll try to give you a better understanding of the  issues in this appeal by adding some accurate information about Google's position.</description>
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         <pubDate>Sat, 06 Jul 2013 12:07:00 +0000</pubDate>
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         <title>Oracle Responds to Google's Appeal Brief - &quot;There Is No 'De Minimis' Defense&quot;  ~pj</title>
         <link>http://www.groklaw.net/article.php?story=20130705110243564</link>
         <description>Oracle has filed its &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/pdf4/OraGoogleAppeal-134.pdf&quot;&gt;Reply&lt;/a&gt; [PDF] to Google's &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130528214954679&quot;&gt;Appeal and Cross-Appeal Brief&lt;/a&gt;.  Google's was in response to Oracle's &lt;a rel=&quot;nofollow&quot; target=&quot;_blank&quot; href=&quot;http://www.groklaw.net/article.php?story=20130213000119924&quot;&gt;opening appeal brief&lt;/a&gt;, so now the 3-section symphony of appellate briefs is complete. Next will come  oral argument, and then a decision from the Federal Circuit Court of Appeals.&lt;p&gt; I haven't yet read it carefully, so we can do that together, and swing back by for my thoughts on it and a text version. But meanwhile, get a load of this from the table of contents: &lt;blockquote&gt;
I. THERE IS NO &quot;DE MINIMIS&quot; DEFENSE TO COPYRIGHT INFRINGEMENT................. 63&lt;/blockquote&gt; It says there is no &lt;i&gt;de minimis&lt;/i&gt; defense in the Ninth Circuit, only fair use.   Oracle admits, in footnote 12, that it didn't argue this &quot;throughout the proceedings below&quot; but claims the appeals court can affirm the district court's ruling that the code in question was not &lt;i&gt; de minimis&lt;/i&gt; &quot;on any grounds that finds support in the record.&quot;   So, a new argument raised for the first time in the appeal.   That's the Boies Schiller style.  Speaking of which, here's what Oracle wants:&lt;blockquote&gt;
On Oracle's appeal, this Court should reverse the district court's judgment and enter judgment on liability for Oracle. On Google's cross-appeal, this Court should affirm the district court's judgment.&lt;/blockquote&gt; In short, Oracle wants everything.</description>
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         <pubDate>Fri, 05 Jul 2013 15:02:00 +0000</pubDate>
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         <title>WeGoNow’s personal guide to #noemail</title>
         <link>http://ibiblio.org/pjones/blog/wegonows-personal-guide-to-noemail/</link>
         <description>Rich Denyer-Bewick has started a very helpful blog at WEGONOW a blog about work and play and me and you a good bit of which is about his new experience with #noemail. Although only a couple of months old and a few post posted, the blog is already chocked full of useful approaches to personal [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4143</guid>
         <pubDate>Mon, 22 Jun 2015 14:49:57 +0000</pubDate>
         <content:encoded><![CDATA[<p><a rel="nofollow" target="_blank" href="http://twitter.com/therichdb">Rich Denyer-Bewick</a> has started a very helpful blog at <a rel="nofollow" target="_blank" href="https://rdbwegonow.wordpress.com/">WEGONOW a blog about work and play and me and you</a> a good bit of which is about his new experience with <a rel="nofollow" target="_blank" href="https://rdbwegonow.wordpress.com/noemail/">#noemail</a>.</p>
<p>Although only a couple of months old and a few post posted, the blog is already chocked full of useful approaches to personal #noemail issues. </p>
<p>Beginning with <a rel="nofollow" target="_blank" href="https://rdbwegonow.wordpress.com/2015/05/09/the-sickening-realisation-that-email-was-bad-for-me/">&#8220;The sickening realisation that email was bad for me&#8221;</a> (note spellings and Rich are British) which includes a very nice panel from <a rel="nofollow" target="_blank" href="http://theoatmeal.com/comics/email_monster">The Oatmeal&#8217;s Email Monster sequence</a>, Rich describes how he has come to look beyond email and how he has found a strong support community including the videos of <a rel="nofollow" target="_blank" href="https://twitter.com/elsua">Luis @elsua Suarez</a> and <a rel="nofollow" target="_blank" href="https://twitter.com/claireburge/">Claire Burge</a> and <a rel="nofollow" target="_blank" href="https://www.youtube.com/watch?v=hDETgnp6bEg">one of their guests in particular (me).</a></p>
<p>Rich&#8217;s most recent post, <a rel="nofollow" target="_blank" href="https://rdbwegonow.wordpress.com/2015/06/11/getting-started-with-noemail-10-top-tips-to-slay-the-email-beast/">&#8220;Getting Started with #NoEmail  10 Top Tips To Slay The Email Beast,&#8221;</a> offers excellent leads, succinctly presented for getting into the world beyond email. Admittedly these leads are so succinct that they beg for expansion and detail, but that exactly what Rich promises to do in future posts. His unpacking of his first lead, &#8220;Accept You Have A Problem,&#8221; at the end of the 10 Top Tips is a strong downpayment on that promise.</p>
<p>Looking forward to more posts and more expansion on his good leads in the near future. </p>
<p><a rel="nofollow" target="_blank" href="https://rdbwegonow.wordpress.com/2015/05/13/no-email-revelation-and-revolution/"><img src="http://emailmarketingweb.com/wp-content/uploads/2012/08/dilbert-email-love-comic.gif" alt="via WeGoNow.wordpress.com"/></a></p>]]></content:encoded>
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         <title>#noemail? There are many apps for that</title>
         <link>http://ibiblio.org/pjones/blog/noemail-there-are-many-apps-for-that/</link>
         <description>Quartz has created a great infographic for Hewlett Packard (aka HP) showing how the multitude of new messaging apps fit into existing business categories. SnapCash and Venmo for banking, Tinder, Coffee Meets Bagel and Hinge for dating (carefully daring not to speak the name of the ground breaking Grindr and its sexual subculture off-shoots), etc. [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4134</guid>
         <pubDate>Mon, 15 Jun 2015 13:59:32 +0000</pubDate>
         <content:encoded><![CDATA[<p><a rel="nofollow" target="_blank" href="http://qz.com/415730/a-visualization-of-the-rapidly-expanding-messaging-app-ecosystem/">Quartz has created a great infographic</a> for Hewlett Packard (aka HP) <a rel="nofollow" target="_blank" href="https://ssl.www8.hp.com/hpmatter/issue-no-5-summer-2015-idea-economy/infographic-behold-messaging-wars">showing how the multitude of new messaging apps fit into existing business categories.</a> SnapCash and Venmo for banking, Tinder, Coffee Meets Bagel and Hinge for dating (carefully daring not to speak the name of the ground breaking Grindr and its sexual subculture off-shoots), etc. Each app is also represented by icons for Secure Messaging and Voice, Dating and Networking, Enterprise Chat, etc. A lot of information artfully presented although far from fully inclusive of the messaging space. </p>
<p>What these apps have in common is that they address most if not all of the driving forces (technical and social) toward #noemail (<em>greater reliance of open collaboration, mobile rather than stationary work spaces, the untamable nuisance of spam replaced by whitelists and other controls, quick and terse interchanges often while in motion, many brief highly interactive exchanges constituting a conversation stream, context appropriate messaging, and highly customizable communications alerts and streams across all devices as desired.</em> in case you&#8217;ve forgotten)</p>
<p>Or as Quartz writers creatively describe the situation:</p>
<blockquote><p>About 25 percent of all life forms on Earth are some kind of beetle. In the App Store, messenger apps are becoming just as prodigious, with new species appearing en masse despite the popularity of Facebook Messenger, iMessage, Skype, and WhatsApp. Nearly 20 successful venture-backed messaging apps hit the market in the last 12 months to acclaim. Some of these­like text concierge Magichave been properly recognized for their ability to challenge legacy communication giants and blockbuster upstarts alike. The industries and messaging apps at the heart of the disruption battleground are visualized here.</p></blockquote>
<p><a rel="nofollow" target="_blank" href="https://qzprod.files.wordpress.com/2015/05/quartz_hpseries_messaging_horizontalv1-03-3.png"><img src="https://ssl.www8.hp.com/hpmatter/sites/default/files/Quartz_HP_Messaging_Final.png" alt="HP/QZ infographic on messaging apps"/></a></p>]]></content:encoded>
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         <title>Year Four of #noemail</title>
         <link>http://ibiblio.org/pjones/blog/year-four-of-noemail/</link>
         <description>On June 1, 2011, I stopped sending or reading email replacing that elderly and inefficient means of communication with a collection of emerging technologies. Why? Email, as we have known it, is changing because of identifiable forces: greater reliance of open collaboration mobile rather than stationary work spaces the untamable nuisance of spam replaced by [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4128</guid>
         <pubDate>Tue, 02 Jun 2015 15:08:48 +0000</pubDate>
         <content:encoded><![CDATA[<p>On June 1, 2011, I stopped sending or reading email replacing that elderly and inefficient means of communication with a collection of emerging technologies.</p>
<p>Why?</p>
<p>Email, as we have known it, is changing because of identifiable forces: </p>
<ol>
<li>greater reliance of open collaboration</li>
<li>mobile rather than stationary work spaces</li>
<li>the untamable nuisance of spam replaced by whitelists and other controls</li>
<li>quick and terse interchanges often while in motion</li>
<li>many brief highly interactive exchanges constituting a conversation stream</li>
<li>context appropriate messaging</li>
<li>highly customizable communications alerts and streams across all devices as desired</li>
</ol>
<p>While there is strong indication that these changes are driven by age-related demographics, there is no reason that better communication should be the sole property of young people texting or older folks Skypeing with their grandchildren or middle schoolers collaborating with Google Docs or software developers with IRC open in several windows and posting commits to Github.</p>
<p>Several attempts to replace email have come onto the scene and several have gone or faded in promise. <a rel="nofollow" target="_blank" href="http://www.slate.com/blogs/future_tense/2015/05/29/google_plus_dead_google_photos_spinoff_casts_doubt_on_its_future.html">Google Plus seemed like a great solution for a while and now seems less so.</a> <a rel="nofollow" target="_blank" href="http://motherboard.vice.com/blog/what-happened-to-the-facebook-killer-it-s-complicated">Diaspora looked like a challenger</a> to Facebook&#8217;s walled garden. <a rel="nofollow" target="_blank" href="http://techcrunch.com/2015/01/22/remember-ello-no-i-dont-either/">ello came on quickly and almost as quickly became a footnote.</a></p>
<p>Others aimed at work groups were more sticky: <a rel="nofollow" target="_blank" href="https://slack.com/">Slack</a> is by far the leader, but it shares that space with <a rel="nofollow" target="_blank" href="https://asana.com/">Asana</a>, <a rel="nofollow" target="_blank" href="https://glip.com/">Glip</a>, <a rel="nofollow" target="_blank" href="https://www.hipchat.com/">Hipchat</a>, <a rel="nofollow" target="_blank" href="https://about.yammer.com/">Yammer</a> and <a rel="nofollow" target="_blank" href="http://www.salesforce.com/chatter/overview/">Chatter</a> or just old-fashioned IRC.</p>
<p>New email interfaces and enhancements from Google seen in Gmail and in <a rel="nofollow" target="_blank" href="http://www.google.com/inbox/">Inbox</a> as well as <a rel="nofollow" target="_blank" href="http://www.ibm.com/social-business/us/en/newway/">IBM&#8217;s Verse</a> attempt to conquer the problem by using analytics, integration of other streams and more complex interfaces.</p>
<p>Of course, new apps are appearing on mobile devices (see point 2 above) almost daily and the ability to manage their alerts and to integrate their communications streams is stronger as mobile platforms evolve to support more integration of cross app interactions.</p>
<p>It is much easier now to say &#8220;I just don&#8217;t do email anymore&#8221; than it was four years ago. And I expect that #noemail will continue to make more sense to more people in the coming year.</p>
<p><center><img src="http://graphics8.nytimes.com/images/2011/12/05/opinion/05rfd-image/05rfd-image-thumbWide.jpg" alt="Credit: NYTimes"/></center></p>]]></content:encoded>
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         <title>Quitters Unite (on video and on blogs) – #noemail</title>
         <link>http://ibiblio.org/pjones/blog/quitters-unite-on-video-and-on-blogs-noemail/</link>
         <description>Emanuele Terenzani aka @dedenzani (aka lele on several #noemail discussions), an IBMer working in a finance centre in Bratislava, tells of his #noemail journey at 2 years on and of insights that he&amp;#8217;s gained by using newer more effective and more social means of communication at his blog, Iteration 3.0. Claire Burge @claireburge and Luis [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4125</guid>
         <pubDate>Mon, 25 May 2015 16:13:43 +0000</pubDate>
         <content:encoded><![CDATA[<p><a rel="nofollow" target="_blank" href="https://twitter.com/dedenzani">Emanuele Terenzani aka @dedenzani</a> (aka lele on several #noemail discussions), an IBMer working in a finance centre in Bratislava, <a rel="nofollow" target="_blank" href="https://dedenzani.wordpress.com/2015/05/24/noemail-the-start-of-a-journey-and-where-i-stand-now/">tells of his #noemail journey at 2 years on and of insights that he&#8217;s gained by using newer more effective and more social means of communication</a> at his blog, <a rel="nofollow" target="_blank" href="https://dedenzani.wordpress.com/">Iteration 3.0</a>.</p>
<p><img src="https://dedenzani.files.wordpress.com/2015/05/noemail.png" alt="#noemail"/></p>
<p><a rel="nofollow" target="_blank" href="http://claireburge.com/category/noemailchampions/">Claire Burge @claireburge</a> and <a rel="nofollow" target="_blank" href="https://twitter.com/elsua">Luis Suarez @elsua</a> have <a rel="nofollow" target="_blank" href="https://www.youtube.com/playlist?list=PLnGnu64xCPUtR0s946zisgK8Yh0aRg9Sl">build up a nice series of interview and discussions on their YouTube channel now up to Episode VIII</a>. The shows cover a range of topics and feature interviews with some very experienced #noemail folks to add color and additional insights. </p>
<p>An even more dynamic, and talkative, group is active at a Slack instance called #noemail managed by @elsua. Meeting a lot of good folks from all over the world and learning quite a bit from then them and their @epicstories and #hintstips (more on how to be involved in this later on) </p>
<p>In the meantime, I&#8217;ve embarked on a little writing project. More news on that as November approaches.</p>]]></content:encoded>
         <category>#noemail</category>
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         <title>Blame the people – #noemail</title>
         <link>http://ibiblio.org/pjones/blog/blame-the-people-noemail/</link>
         <description>Repeating what I just responded to Neil Tamplin on his blog (and tweet) article &amp;#8220;&amp;#8220;Email isn&amp;#8217;t evil. How we inflict it on each other might be!&amp;#8221; Email doesn&amp;#8217;t spam people. People spam people (but as with guns, absence of the weapon causes a decrease in the crime) #noemail Neil is not the first to ask [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4120</guid>
         <pubDate>Mon, 18 May 2015 14:47:28 +0000</pubDate>
         <content:encoded><![CDATA[<p>Repeating what I just responded to <a rel="nofollow" target="_blank" href="https://neiltamplin.wordpress.com/">Neil Tamplin on his blog</a> (and <a rel="nofollow" target="_blank" href="https://twitter.com/NeilTamplin/status/600271445726502912">tweet</a>) article &#8220;<a rel="nofollow" target="_blank" href="https://neiltamplin.wordpress.com/2015/05/14/email-isnt-evil-how-we-inflict-it-on-each-other-might-be/">&#8220;Email isn&#8217;t evil. How we inflict it on each other might be!&#8221;</a></p>
<blockquote><p>Email doesn&#8217;t spam people. People spam people (but as with guns, absence of the weapon causes a decrease in the crime) #noemail</p></blockquote>
<p>Neil is not the first to ask us to behave civilly, sanely and considerately when we use email. And he is not the first to believe that posting some guidelines will lead us to a better world.</p>
<p>I was not the first, when in the 1980s, is wrote an article for our university as Ms. Mail Manners called &#8220;An excruciatingly correct guide to email behavior.&#8221; I see echoes of my 30 year old document almost every day. In conversation. In business press articles. In blog posts. Even in a special Slack group on #noemail.</p>
<p>Nerdly twists along the same line are occurring, even as I write this, at <a rel="nofollow" target="_blank" href="https://news.ycombinator.com/item?id=9518257">Y-Combinator&#8217;s Hacker News</a> discussion that begins: </p>
<blockquote><p>Email is probably one of the the oldest (and most used) services of all time. Email killed the Fax and Letter Writing in general. Today, it is the de facto communication tool for businesses.<br />
In recent years were born hundreds of services that have tried to make email less painful.<br />
In your opinion what will be the future for email?</p></blockquote>
<p>As you might imagine, hackers are promoting their favorite hacks to deal with email and their favorite emerging substitutes, but even technologically focused people still post things like:</p>
<blockquote><p>Gustomaximus 11 hours ago<br />
I think the problem is not so much email, but teaching people how to use email correctly. My company recently sent the entire office on a full day Outlook course. Going in everyone was thinking how this was such a waste of a day. Going out everyone was so <a rel="nofollow" target="_blank" href="http://www.dumbtionary.com/word/greatful.shtml">greatful</a>.</p></blockquote>
<p>Besides Gustomaximus&#8217; overtrust in Outlook as a solution to anything and his misspelling of &#8220;grateful,&#8221; he shows a naive trust in the stickiness of corporate training. Perhaps age and experience will correct these problems, but as the evidence shows neither aging nor experience much changes the commission of email sins. </p>
<p>Look at your inbox, or don&#8217;t. The ages and experience of the worse email offenders make no difference. What does make a difference is that those &#8212; often &#8220;born mobile&#8221; as opposed to merely &#8220;born digital&#8221; &#8212; who don&#8217;t even bother to send email are the more efficient, productive and frankly happier. </p>
<p><em>Email. Its not a people problem; its a technology problem that expresses itself in bad human behavior.</em></p>]]></content:encoded>
         <category>#noemail</category>
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         <title>Tweets of #noemailday Tuesday May 5, 2015 Storifyed</title>
         <link>http://ibiblio.org/pjones/blog/tweets-of-noemailday-tuesday-may-5-2015-storifyed/</link>
         <description>Collected Tweets about #noemail &amp;#038; #noemailday from the 5th International #noemailday Tuesday May 5, 2015 as described by @lordlancaster of @noemaildayhq in his Manifesto Selections from @dilbert_daily @phdcomics @newyorker @claireburge @elsua etc.</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4114</guid>
         <pubDate>Tue, 05 May 2015 21:26:00 +0000</pubDate>
         <content:encoded><![CDATA[<p><a rel="nofollow" target="_blank" href="https://storify.com/PaulJones/tweets-of-noemailday-tuesday-may-5-2015">Collected Tweets about #noemail &#038; #noemailday from the 5th International #noemailday Tuesday May 5, 2015</a> as described by @lordlancaster of @noemaildayhq in <a rel="nofollow" target="_blank" href="http://ibiblio.org/pjones/blog/the-return-of-noemail-day-may-5-2015/">his Manifesto</a> Selections from @dilbert_daily @phdcomics @newyorker @claireburge @elsua etc.</p>
<p><a rel="nofollow" target="_blank" href="http://dilbert.com/strip/2011-09-21"><img src="http://assets.amuniversal.com/aed49fd0b0bc012e2f8800163e41dd5b" alt="You d better not be emailing me"/></a></p>]]></content:encoded>
         <category>#noemail</category>
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         <title>Todays State of Work: The Productivity Drain – #noemail</title>
         <link>http://ibiblio.org/pjones/blog/todays-state-of-work-the-productivity-drain-noemail/</link>
         <description>Service Now (UK) pointed me to their new infographic that accompanies their longer report on &amp;#8220;Todays State of Work: The Productivity Drain.&amp;#8221; Of course my eyes scanned through the document stopping at &amp;#8220;THE CAUSES OF WASTED TIME: Three reasons why admin work takes so much time.&amp;#8221; Reason 2 (of the three, the center piece) stopped [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4108</guid>
         <pubDate>Mon, 27 Apr 2015 19:39:50 +0000</pubDate>
         <content:encoded><![CDATA[<p><a rel="nofollow" target="_blank" href="http://www.servicenow.com/">Service Now (UK)</a> pointed me to <a rel="nofollow" target="_blank" href="http://www.servicenow.com/content/dam/servicenow/documents/infographics/infographic-state-of-work.pdf">their new infographic that accompanies their longer report on &#8220;Todays State of Work: The Productivity Drain.&#8221;</a></p>
<p>Of course my eyes scanned through the document stopping at &#8220;THE CAUSES OF WASTED TIME: Three reasons why admin work takes so much time.&#8221; Reason 2 (of the three, the center piece) stopped me.</p>
<p>First I saw: </p>
<p><img src="http://ibiblio.org/pjones/outdated-and-inefficient.png" alt="Outdated and Inefficient"/></p>
<p>Then I saw exactly what <em>Outdated and Inefficient</em> technologies that they had identified:</p>
<p><img src="http://ibiblio.org/pjones/email-is-top.png" alt="email is top"/></p>
<p>After registering (no cost but a bit of contact info which could result in sales contact hopefully not by email), I browsed the report in full <a rel="nofollow" target="_blank" href="http://www.servicenow.com/content/dam/servicenow/documents/whitepapers/sn-state-of-work-report.pdf">It&#8217;s here (PDF)</a> and yes there is much more on the ways that email and spreadsheets waste your time and patience and how the choice of unstructured communications and clutter combine to cost your enterprise greatly. Good survey here from a survey of 915 managers in the US and UK.</p>]]></content:encoded>
         <category>#noemail</category>
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         <title>#noemail : Replying behavior and overload edition</title>
         <link>http://ibiblio.org/pjones/blog/noemail-replying-behavior-and-overload-edition/</link>
         <description>What happens to email replying behavior when people are experiencing email overload? A new study, with a very large N of greater than 2M, from a team from Yahoo! and USC Information Sciences presented at the 24th International World Wide Web Conference digs in and tells us in detail. &amp;#8220;Evolution of Conversations in the Age [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4105</guid>
         <pubDate>Wed, 22 Apr 2015 15:45:14 +0000</pubDate>
         <content:encoded><![CDATA[<p>What happens to email replying behavior when people are experiencing email overload? A new study, with a very large N of greater than 2M, from a team from Yahoo! and USC Information Sciences presented at the 24th International World Wide Web Conference digs in and tells us in detail.</p>
<p><a rel="nofollow" target="_blank" href="http://arxiv.org/pdf/1504.00704v1.pdf">&#8220;Evolution of Conversations in the Age of Email Overload&#8221; [pdf]</a> from <a rel="nofollow" target="_blank" href="http://arxiv.org/abs/1504.00704v1">Farshad Kooti, Luca Maria Aiello, Mihajlo Grbovic, Kristina Lerman, and Amin Mantrach found at ArXiv.org</a> (via Jeff Pomerantz aka @jpom):</p>
<blockquote><p>&#8230;found that users increased their activity as they received more emails, but not enough to compensate for the higher load. This means that as users became more overloaded, they replied to a smaller fraction of incoming emails and with shorter replies. However, their responsiveness remained intact and may even be faster. Demographic factors affected information overload, too. Older users generally replied to a smaller fraction of incoming emails, but their reply time and length were not impacted by overload as much as younger users. In contrast, younger users replied faster, but with shorter replies and to a higher fraction of emails.</p></blockquote>
<p>Among other findings in general is that younger, especially male, emailers tend to be more mobile, faster and more terse in their replies (pointing toward messaging behaviors rather than email behavoirs as noted here as among the reasons why email must and will die).</p>
<p>In the meantime, you can learn more about #noemail from <a rel="nofollow" target="_blank" href="https://plus.google.com/+LuisSuarezElsua/posts">Luis @elsua Suarez</a> and <a rel="nofollow" target="_blank" href="http://claireburge.com">Claire Burge @claireburge</a> on their bi-weekly video Vodcasts <a rel="nofollow" target="_blank" href="https://www.youtube.com/playlist?list=PLnGnu64xCPUsjK0o5YNOG4p06KL_Tw26h">Life Without Email</a> on YouTube. <a rel="nofollow" target="_blank" href="https://youtu.be/57ywTLOdS_o">Now up to Episode 6.</a></p>
<p>And you can take a planned email break on <a rel="nofollow" target="_blank" href="http://ibiblio.org/pjones/blog/the-return-of-noemail-day-may-5-2015/">May 5, 2015 for #noemail Day.</a></p>]]></content:encoded>
         <category>#noemail</category>
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         <title>#switchpoint ideas:  Digital Development Principles</title>
         <link>http://ibiblio.org/pjones/blog/switchpoint-ideas-digital-development-principles/</link>
         <description>On Thursday April 22, I&amp;#8217;ll be leading a MicroLab session on Digital Development Principles with Merrick Schaefer, the Lead of the Mobile Data team at USAID, and INTRAHealth&amp;#8217;s own Dykki Settle as part of the SwitchPoint conference in my favorite NC community, Saxapahaw. Do concepts like designing with the user, understanding ecosystems, and using all [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4101</guid>
         <pubDate>Tue, 21 Apr 2015 16:04:46 +0000</pubDate>
         <content:encoded><![CDATA[<p>On Thursday April 22, I&#8217;ll be leading <a rel="nofollow" target="_blank" href="http://www.switchpointideas.com/microlabs">a MicroLab session</a> on  <a rel="nofollow" target="_blank" href="http://www.ict4dprinciples.org">Digital Development Principles</a> with <a rel="nofollow" target="_blank" href="http://www.switchpointideas.com/merrick-schaefer">Merrick Schaefer</a>, the Lead of the Mobile Data team at USAID, and INTRAHealth&#8217;s own <a rel="nofollow" target="_blank" href="http://www.switchpointideas.com/dykki-settle-0">Dykki Settle</a> as part of the <a rel="nofollow" target="_blank" href="http://www.switchpointideas.com/">SwitchPoint conference</a> in my favorite NC community, Saxapahaw.</p>
<blockquote><p>Do concepts like designing with the user, understanding ecosystems, and using all things open (source, standards, data, innovation) around the world excite you? They excite the international development community too! Join us for a discussion about the Digital Development Principles (www.ict4dprinciples.org)  the product of a global groundswell to capture lessons learned and guide future donor investments in information and communication technology for development (ICT4D). Together we will explore how the Principles help create new opportunities and synergies, driving us beyond simple technology solutions to true transformative change.</p></blockquote>
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<p style="color:#c9c8cd;font-family:Arial, sans-serif;font-size:14px;line-height:17px;margin-bottom:0;margin-top:8px;overflow:hidden;padding:8px 0 7px;text-align:center;white-space:nowrap;"><a rel="nofollow" target="_blank" href="https://instagram.com/p/1Va5Wbkwcb/" style="color:#c9c8cd;font-family:Arial, sans-serif;font-size:14px;font-style:normal;font-weight:normal;line-height:17px;text-decoration:none;">A photo posted by switchpoint (@switchpoint)</a> on Apr 11, 2015 at 5:29am PDT</p> 
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         <category>General</category>
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         <title>The Return of #NoEMail Day – May 5, 2015</title>
         <link>http://ibiblio.org/pjones/blog/the-return-of-noemail-day-may-5-2015/</link>
         <description>It&amp;#8217;s back! And just in time for a nice mid-Spring cleansing of bad habits. The 5th #noemailday will be celebrated on 5/5/15 aka May 15, 2015. The date was selected so that both those who write dates as Month/Day/Year and Day/Month/Year can be represented. Not really. The first #noemailday was 11/11/2011, then 12/12/2012, then 3/3/2013. [&amp;#8230;]</description>
         <guid isPermaLink="false">http://ibiblio.org/pjones/blog/?p=4099</guid>
         <pubDate>Sun, 19 Apr 2015 21:08:58 +0000</pubDate>
         <content:encoded><![CDATA[<p><img src="http://epictimes.co.uk/news_images/1396303765.jpg" alt="No Email Day"/><br />
It&#8217;s back! And just in time for a nice mid-Spring cleansing of bad habits. The 5th #noemailday will be celebrated on 5/5/15 aka May 15, 2015. The date was selected so that both those who write dates as Month/Day/Year and Day/Month/Year can be represented. Not really. The first #noemailday was 11/11/2011, then 12/12/2012, then 3/3/2013. Last year&#8217;s #noemailday was 4/4/2014. If you miss 5/5/2015, then your next chance will be 6/6/2016.</p>
<p>Founded by <a rel="nofollow" target="_blank" href="http://uk.sageone.com/author/paul-lancaster/">Paul Lancaster</a> now of SageOne in UK after his issuing of the <a rel="nofollow" target="_blank" href="http://www.slideshare.net/lordlancaster/no-email-day-by-paul-lancaster">No Email Day Manifesto</a> (a great slideshare read which I recommend), No Email Day offers a chance for companies and individuals to take a break and discover better ways of communicating &#8212; better than email which is pretty much any other way at all.</p>
<p>For some deeper viewing and good insightful conversation about #noemail and alternative communications strategies, catch up with <a rel="nofollow" target="_blank" href="https://plus.google.com/+LuisSuarezElsua/posts">Luis @elsua Suarez</a> and <a rel="nofollow" target="_blank" href="http://claireburge.com">Claire Burge @claireburge</a> on their bi-weekly video Vodcasts <a rel="nofollow" target="_blank" href="https://www.youtube.com/playlist?list=PLnGnu64xCPUsjK0o5YNOG4p06KL_Tw26h">Life Without Email</a> on YouTube. Now up to Episode 5.</p>
<p>Follow #noemail, #noemailday and @noemaildayhq for breaking No Email Day news and join the <a rel="nofollow" target="_blank" href="https://www.facebook.com/NoEmailDay">No Email Day Facebook Page</a></p>]]></content:encoded>
         <category>#noemail</category>
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