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So much for the Fourth Amendment. Even though a field test for marijuana returned false results twiceand a SWAT team raid of Robert and Addie Harte's house turned up no drugs or paraphernalia, the cops involved have been let off the hook by a federal judge. Radley Balko runs down the details of the decision in his post entitled "Federal judge: Drinking tea, shopping at a gardening store is probable cause for a SWAT raid on your home."

Back in the fall of 2014, we wrote about a highly questionable police raid on the home of Nicky Hager, a well-known journalist who had published powerful pieces criticizing the government (and who was working on some investigations concerning the Snowden documents and New Zealand's involvement in mass surveillance). The wonderful Freedom of the Press Foundation (who helped raise funds for Hager's legal defense) has now alerted us to the fact that the raid on Hager's home was deemed illegal by New Zealand's High Court:

Despite a few mishaps with rockets headed for the International Space Station (eg. SpaceX, Orbital Sciences and the Russian space agency all failed to deliver re-supply cargo ships), there have also been some interesting space-faring developments in the last year or so. Fortunately, none of the lost spacecraft were manned missions, and the ISS also has the Japanese HTV as another backup cargo ship. And with SpaceX's awesome recovery with a successful launch, it looks like re-supply missions are getting back on track -- so the ISS will probably keep going until at least 2020 (and maybe a few years more? 2024? 2028?).

On New Year's Eve, the US Copyright Office dropped a bit of a surprise, asking for public comment on the DMCA's Section 512 safe harbor provisions -- which are probably better known as the "notice and takedown" provisions:

Michael Geist is counting down the days to when the TPP can first be signed in the US (February 4th) by going through and highlighting problematic aspects of the agreement. He's started with the simple fact that the TPP's intellectual property section is explicitly designed to favor corporations over the public. We've obviously discussed some of this ourselves, such as the fact that the only reference to things like the public's rights (such as fair use) is to recommend that countries consider them, but when it comes to stronger copyright and patents, the TPP requires them.

Running somewhat against the grain of the current political climate, the Netherlands government has issued a statement strongly supporting encryption (for everyone, not just the government) and against the idea of intelligence/law enforcement backdoors. Patrick Howell O'Neill of the Daily Dot has the details:

Yes, lots of people whine about the fact that so many people out in public these days seem to have their heads down in their mobile phones, but as we've pointed out before, things aren't necessarily so different than in the past: However, Pauline Neville-Jones, the former head of the Joint Intelligence Committee in the UK, has taken this form of anti-smartphone luddism to new and even more ridiculous levels, claiming that all these people looking at their mobile phones or listening to music/podcasts in public are a public nuisance, because they're not watching out for terrorists. Really.

If you've recently decided to jump on board the ultra-high-definition (UHD) and 4K TV craze and bought a shiny new UHD set, you've probably run into HDCP (High-Bandwidth Digital Content Protection) 2.2 by now. It's the latest version of the entertainment industry's video copy protection standard designed to secure UHD content. Unfortunately for consumers who rushed out to buy a new 4KTV set, they soon realized that every device in your home theater chain needs to support HDCP 2.2 in order to enjoy UHD.

Add 32GB of storage to your iOS device with the iSafe Drive Lite. This MFi-Certified storage device is small enough to slip into your pocket to take with you anywhere. One end connects via a lightning connector and the other end uses USB to connect to your computer for easy two way swapping. Store your music and movies on it without eating up your device's internal storage or use it to transfer data back and forth between the two without relying on a cloud storage system.

We generally don't talk much about musician David Lowery around here any more. We covered a few stories about him a few years ago, and he seemed to take it ridiculously personally, and continues to attack me with false and misleading claims. Every so often someone sends me a link to a blog post he's written and it's almost always laughably wrong (for example, in one recent story he falsely claimed that "Google" is on Spotify's board -- because a former Google exec who is no longer at the company also happens to be on Spotify's board). So, take the following with that caveat in mind. I tried to be objective in the analysis, but some will likely suggest that's impossible given his years-long attacks on me.

A copyright infringement lawsuit has been filed against a long list of defendants -- all of it related to the hit sitcom "The Big Bang Theory." Supposedly, a poem written in 1933 is being used without permission of the putative rights holders (the author's daughters) and making everyone involved with the show a lot of money.

Every year the FCC is mandated by Congress to release a report detailing the status of the U.S. broadband industry. The good news? This year's edition of the creatively-named "Measuring Broadband America Fixed Broadband Report" (pdf) notes that speeds have by and large tripled since 2011. The bad news? That's really only for those who have cable broadband (where DOCSIS upgrades are relatively inexpensive) and the few people living in an area getting wired with fiber to the home. If you're a phone company customer with a DSL connection, unfortunately, many of you are still lucky to get 12 Mbps downstream:

The Wall Street Journal's recent revelation that the NSA swept up Congress members' communications in a dragnet, which had been assumed to have shut down, has provoked a variety of reactions from Capitol Hill. Some Congress members have angrily expressed their displeasure at being spied on like so many citizens of so many nations (including ours).

As we are constantly reminded by its supporters, the TAFTA/TTIP agreement currently being negotiated between the US and the EU is huge: together, the two regions account for around half of global GDP. Given that scale, and the impact that TTIP is likely to have on both the US and EU, you might expect there would be dozens of detailed studies looking at the likely effects -- and whether, on balance, it would be a good idea. And yet such studies are very thin on the ground. The main one (pdf), produced by the London-based CEPR for the European Commission, dates back to 2013. Initially, its figures were widely quoted to bolster the case for TTIP; and then, almost overnight, it was quietly dropped. It's not hard to see why. Once people started digging more deeply into its oft-cited figures -- an extra €119 billion for the EU's economy, and €95 billion for the US -- it turned out that these were from an "ambitious" deal, and referred to the cumulative effect of TTIP in 2027, after it had been in operation for ten years. Even that best-case scenario worked out at just 0.05% extra GDP per year -- little more than a rounding error. Since then, TTIP supporters have stopped making precise claims about the boost to growth that TAFTA/TTIP will provide, and simply claimed instead that it will be good for the US and EU economies without going into further details. The embarrassing lack of any compelling economic justification for the deal probably explains why there are so few studies: anything even half-way rigorous would show the same, thin gains, which would hardly bolster the case for TTIP. That dearth of high-quality research makes the recent appearance of a new report from the Economic Research Service of the US Department of Agriculture entitled "Agriculture in the Transatlantic Trade and Investment Partnership: Tariffs, Tariff-Rate Quotas, and Non-Tariff Measures" (pdf) all-the-more welcome. As you would expect given its provenance, it's a rigorous piece of work, and confirms that the GDP gains from TTIP are likely to be tiny: in the best case, around 0.1% for the US, and 0.29% for the EU. Both of those are cumulative gains, which means that the annual GDP boost for both sides is once more extremely small. What makes the new study particularly valuable is that it naturally concentrates on the agricultural sector, and provides us with the first detailed breakdown of how the proposed agreement is likely to affect what is a very important -- and highly influential -- industry for both sides. The first scenario the report examines is one where all the tariffs currently imposed by the US and EU on each other's agricultural goods are removed, which is what is typically found in "classical" trade agreements. Here's what the report says might happen:

Open source software (OSS) has been around for several decades now, and it serves as the foundation for many gadgets and online services that consumers use regularly. Google, Facebook, Twitter -- even some Apple devices -- use open source software. There may even be a growing trend to use open source, but proprietary software is never totally going away, folks.

Back in October, the 2nd Circuit appeals court issued a really wonderful fair use win on the long-running (and somewhat ridiculous) lawsuit that the Authors Guild had filed against Google Books. The decision -- written by Judge Pierre Leval, who has long been a key player on issues of fair use -- was decisive and clear. It capped a ridiculously long process, in which the Authors Guild lost at every stage, wasting the money of its members. The ruling was quite clear that Google Books was transformative and did not compete with the original works. It also highlighted how it benefited the public. A key part of the ruling:

Anne Frank and Adolf Hitler both died in 1945 -- with Frank's death being caused by Hitler. European law (for now) says that copyright lasts 70 years "after death" of an author, and that means that the published writings of each of those individuals are now in the public domain in Europe -- though there's serious controversy about both. Even though we won't see any new public domain works here in the US for quite some time, over in Europe, at least some works are able to enter the public domain each January 1st.

So, yes, it was just revealed that, of course, the NSA spied on Congress as it was intercepting phone calls of foreign leaders, leading to hypocritical bloviating from folks in Congress who regularly support the NSA. And, of course, now the House Intelligence Committee, which approved the surveillance authorities in the first place, says it's opening a probe into this:

No surprises here, although the contempt for government authorities that aren'tthe NYPD is a bit audacious.

Big companies often have a way of tap dancing around the truth. It's rarely lying, because they will choose their words carefully, in a manner that clearly misleads or distorts, but is not necessarily outright lying. T-Mobile, however, appears to be flat out lying. We recently wrote about the charges from YouTube that T-Mobile was throttling YouTube videos as part of its Binge On program that zero rates video on mobile phones so it doesn't count against data caps. We noted the problems with this program when it launched, but YouTube's claims take it even further.

If you're still looking for a goal for yourself for 2016, maybe you could pick up coding or continue to improve your skills at it. Coding is a great job skill to have and can help you bring your ideas for websites, digital devices, apps and more to life. We have some helpful learn to code bundles available in the Deals store now.

Last month, we were actually the first publication to report that Homeland Security had very quietly "returned" two domains that it had "seized" five years ago based entirely on totally bullshit claims from the RIAA. We focused our story on the search engine torrent-finder, but also mentioned that it appeared that DHS had returned OnSmash.com as well. As we had noted, back when the domain was first seized, OnSmash was a popular hip hop blog that many in the industry purposely sent their music to, because it was great for marketing and publicity. In fact, Kanye West had been known to promote OnSmash himself. That doesn't sound like a site "dedicated to infringement" as Homeland Security's ICE division claimed in the affidavit used to seize the website.

In late spring of last year, more than 100,000 taxpayers had their personally-identifiable information accessed by criminals. It wasn't a security breach, nor was it accomplished by "hacking." Instead, it was the result of the IRS using common static identifiers to verify accounts -- information that could easily be found elsewhere. These were deployed to access transcripts of taxpayers' filing histories. The transcripts gave criminals the information they were actually seeking: Social Security numbers, birth dates and current addresses.

The FBI has managed to get one more terrorist bust on the books for FYE 2015.

Each year, for the past few years, the wonderful Center for the Study of the Public Domain at Duke University publishes a blog post highlighting key works that should have entered the public domain on January first, but did not. And each year, we write about it again. Here is the list for 2016. These are mostly works that were published in 1959. Under the law at the time they were created, the maximum copyright term was 56 years, and that apparently was more than enough of a bargain for the work to be created. That we retroactively extended those works, taking away the public domain for no actual benefit, remains a travesty. The list includes books like Robert Heinlein's Starship Troopers, William Burroughs' The Naked Lunch, Richard Condon's The Manchurian Candidate, and Strunk and White's famed The Elements of Style. Films that should be in the public domain today include Ben-Hur, North by Northwest, and Some Like It Hot. The original season of the seminal Rocky and Bullwinkle show would also be in the public domain.

It's that time again! This week, we're looking back at all of 2015 and rounding up the top three comments in both the insightful and funny categories. For those who are still interested in the winners for this week only, here's first and second for insightful, and first and second for funny. The Most Insightful Comments Of 2015 You've all seen him — y'know, what's-his-name, That One Guy. According to our roundup of yearly numbers he was the second most frequent commenter on Techdirt, and the most insightful according to the number of times he got an Insightful badge on his comments. Now, he's backing that title up with the most insightful comment of 2015. In October, our think tank The Copia Institute released its The Carrot Or The Stick report, which compared enforcement and innovation as strategies for reducing piracy. That One Guy ran through his own thoughts on the matter, and the insightful votes came pouring in:

It's become something of a yearly tradition around here, soon after the new year, to tally up some of the stats from the just completed year. If you'd like to look back at them all, you can see "the numbers" from 2014, 2013, 2012, 2011 and 2010 when we started this little tradition.

Thanks to the way the days align and the fact that we don't publish on New Year's, there aren't any posts from 2011/2006/2001 to highlight just yet — so this slightly-truncated history post represents the very last of the 2010/2005/2000 batch! Five Years Ago Lots of back-and-forth on the copyright and piracy front was happening this week in 2010, and most of the news was international. In India, the film industry was threatening a strike over the possibility that filmmakers would have to pay composers for music, while we looked out how 'piracy' helped establish the Nigerian film industry, which is often compared to the famous Bollywood; in Canada, a music collection society was trying to get payouts for 30 second song previews, while Germany's infamous GEMA collection society was cracking down on free sheet music for kindergarten students; in Sweden, the leaked State Dept. cables revealed that copyright enforcement was happening at the behest of the US, while officials complained that the Hollywood-backed IPRED law was doing more harm than good; and, following a similar situation in Spain, politicians were already planning the return of a rejected US-written copyright bill. There was at least one bit of sanity too, thankfully. A Dutch court dismissed criminal charges against a P2P index site while noting how heavily law enforcement relied on information (and prompting) from an anti-piracy group. Ten Years Ago This week in 2005, a huge discussion broke out about blog plagiarism, and we wondered just how big a deal it really is. At the same time, blogs were supposedly the booming new thing in China, but that bubble appeared to be rapidly bursting. The shiny new MMS multimedia messaging was struggling to get off the ground, but it turned out early adopters included high school drug dealers — while in South Korea, SMS was already so common it was normal to serve legal notices via text. Telecommuting as a whole, on the other hand, appeared to have an uncertain future. Also this week in 2005: we saw an early net neutrality battle around the idea of a two-tiered internet, the RIAA was accused of coaching a teenage witness in a file-sharing case, Australia was considering expanding fair use, and Sony agreed to settle a class action suit filed over its rootkit. Fifteen Years Ago Bluetooth was still a big new thing this week in 2000, but its applications were still uncertain. Some complained that venture capitalists were funding too many Bluetooth chipmakers and not enough application builders, while others were going as far as to call the whole technology vaporware. As usual for the time, some were predicting the end of the dot-com downturn and pointing out the sectors that were surviving, while some were looking at the bigger picture and examining the consequences of an economic recession in the US. The video game world was rocked by rumors that Nintendo was buying Sega, but they were quickly put to rest. Meanwhile, a more traditional gaming world was re-emerging, as people realized that board games were a comeback hit. We had our first (I think) run-in with a website trying to charge people to link to it, and Techdirt got mentioned (weakly) in the news. Fifty-Six Years Ago You may have heard the conception of nanotechnology attributed to Richard Feynman. In fact, this is only partly true — while he did indeed propose the idea in a lecture over half a century ago, it went largely unnoticed, and appears to have been dug up much later by scientists pursuing nanotechnology, in order to absorb some prestige from the famous physicist. In any case, like all Feynman lectures and writings, There's Plenty Of Room At The Bottom is full of intriguing ideas explained brilliantly, and it was on December 29th, 1959 that it was delivered to an American Physical Society meeting at Caltech.

Happy New Year, everyone! This week we're kicking off 2016's Awesome Stuff posts with another round-up of three crowdfunding projects for interesting new gadgets and gear. The TESLA Electronic Lighter Over the years, there have been lots of pie-in-the-sky dreams of a future where induction charging lets us power our smartphones and laptops by simply walking around with chargers in our shoes, but that's not going to be happening anytime soon. But, the technology still has the potential to take on all sorts of smaller tasks and make life a little bit easier, and that's exactly what the TESLA self-recharging lighter does: it's a metal-and-rubber-clad electric arc lighter that can be charged up with just a few shakes. Refilling or replacing lighters may be only a small annoyance for those that use them, but it could be handily solved by the first lighter to actually have a shot at the "last lighter you'll ever buy" title. The Ekster Wallet Wallets are one of the most ubiquitous items on Kickstarter. The deluge has slowed slightly, but at one point it seemed like every week there was another "reinvented wallet" that promised to change your life forever — yet, virtually all the options seemed to follow one of a few basic design approaches. With that in mind, the Ekster is the first crowdfunded wallet in a while that is worth a look. Though others have tried the "spit our your cards at the press of a button" idea in the past, none have looked quite as smooth or convenient as the Ekster's pop-up cascade does in the video (though as always it may be less pleasing in operation). Additionally, the wallets include a BLE-based tracking device with a six-month battery life, so the wallet can pair with your phone and offer several convenient functions: an alert if your wallet gets out of range of your phone, the ability to ping your wallet from your phone, and the reverse ability to trigger your phone's ringer from a button on the wallet. If all this operates smoothly and doesn't require a bunch of clunky apps and configurations, it could be a godsend for all those who frequently find themselves saying "where did I put that?" The Tulip Recording Device Have you ever tried to record a phone call? It's considerably more frustrating than you'd expect it to be. What should be a simple push-button function on all our devices is instead a hassle requiring specialty apps and obscure settings — and even then, the results are mixed and unreliable. One could argue that this is partially because of the legal issues with non-consensual recording, but there are plenty of legitimate reasons to record phone calls in the professional sphere — reporters do it all the time for phone interviews, businesses need records of conference calls and meetings and presentations — and it's a powerful tool for the public too, for recording interactions with companies and the government when the need arises. So: why is it such a pain? That brings us to the Tulip: a small dongle that plugs into any 3.5mm audio jack and records directly from the audio line. Recording calls is just one of its functions — it's also not a bad tool for quickly capturing music, either from a DJ setup or an electric guitar (or bass or fiddle or...) — but it's the one I suspect will get the most use.

Since 2008, I've always concluded the year with a post in which I take a step back and reflect on (1) how I continue to remain optimistic despite lots of negative news (2) the overall forward progress of innovation, even while so many stories play up the negative and (3) the power to keep that forward progress moving. It started after I had a few people question how I remained so optimistic and happy, despite writing so many stories that seemed somewhat infuriating. But, as I noted at the time, the infuriating parts were mostly about attempts by people (often those in power) to hold back the pace of innovation. The forward progress of innovation marches on, however. And thus, we can and should be happy about that, even if we're angry about the pace and the efforts to hinder that pace. It's about understanding the difference between relative and absolute change. We should be happy with where things are headed, even if we're upset about the pace at which things are moving.

For a few weeks now, we've been telling you about a worrisome EU consultation on regulating the internet. That consultation was supposed to end today -- but it's been extended a week. As we noted recently, the survey technology built by the EU Commission had a major bug in it, meaning that many people had their submissions rejected. Based on this, we requested that they extend the survey. We got back two separate responses, the first telling us that they were very sorry, but it would be "impossible" to extend the survey. The second response was that they had agreed to extend the survey one week... but only for people who had run into problems. Given the two conflicting responses, I asked for more information on this (including how they would keep it open only for those people). I also asked if they were planning to announce this anywhere. I was told that it would likely be impossible to make an announcement, and I never heard anything else, as I believe many left for the holidays.

In 2015, an estimated 1.6 million patients were diagnosed with cancer and over half a million died from it. We've previously pointed out some cancer research that could lead to promising new treatments, and it looks like we're making significant progress in the fight against the many forms of this deadly disease. Using the body's own immune system to fight cancer is a growing strategy that seems to be working. Check out a few of these minor successes.

The recent Techdirt article about Microsoft's design patent on a slider understandably focused on the absurdity of companies being forced to hand over all of the profits that derive from a product if it is found to have infringed on someone else's design patent even in just a tiny portion of that product. But there's another angle worth mentioning here that picks up on something Techdirt has written about several times before: the rise and threat of patent thickets. Back in 2012, it was estimated that 250,000 active patents impacted smartphones. That makes it impossible to build devices without licensing large numbers of patents, and even then, it's likely that claims of infringement will still be brought. The underlying problem is that patents were originally devised for a complete, self-standing process or invention. For example, some of the earliest patents were those granted in fifteenth-century Venice for glass making. Over the centuries, invention has become atomized, with smaller and smaller elements being granted patents. These are not, in general, useful on their own, but must be combined with other components to make something useful. That process of atomization has reached its peak in the world of software, which is typically made up of thousands of smaller software parts. That's in part why computing has emerged as the field most plagued by patent litigation: if you own a patent on a key element that is required for the other software parts in a product to work properly, you are in a very strong position to force manufacturers to pay you for a license. The situation described in the Techdirt article about Microsoft's slider shows that there is a risk that the consequences of atomization in the field of design patents, where even tiny, obvious elements are awarded a patent, could be worse than for "ordinary" utility patents. That's because of the high level of damages based on the total profits derived from an infringing product, irrespective of the importance of the design element in question. Let's hope the Supreme Court decides to take this case, and comes out with a sensible ruling that heads off the danger of disproportionate damages. If it doesn't, we can probably expect trolls to move into the design patent world in a big way -- and for real innovation to face even more hurdles than it does at present. Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+

I have to say, it can certainly be quite frustrating to watch dispassionately how terrorism is discussed in the United States. After the fervor in the immediate aftermath of 9/11, when terrorism was used either as a reason or excuse to enact all kinds of liberty-diffusing policies and to launch an insane surveillance state that we still haven't recovered from, I had thought we were quietly entering an era of eye-rolling at the way some in government throw around the word "terrorism." But, because the home of the brave is so easily whipped into a frenzy of fear, an admittedly horrible terrorist attack half a world away and a shooting spree in California that would have been shrugged off as "Hey, that's just America" except that the perpetrators had scary sounding last names, has once again meant that our political debates and twenty-four hour news programs are focused on the threat of Islamic extremist terrorism and not all of the other zillions of ways that you might die in the next twenty-four hours.

We've talked a lot about the ethical and programming problems currently facing those designing self driving cars. Some are less complicated, such as how to program cars to bend the rules slightly and be more more human like. Others get more complex, including whether or not cars should be programmed to kill the occupant -- if it means saving a school bus full of children (aka the trolley problem). And once automated cars are commonplace, can law enforcement have access to the car's code to automatically pull a driver over? There's an ocean of questions we're not really ready to answer.

Remember how Dianne Feinstein -- a huge supporter of the intelligence community -- absolutely freaked out about surveillance when it happened to her staffers (when the CIA snooped on their network)? It would almost be funny how the defenders of surveillance react when they're being surveilled... if it weren't so tragic.

The countdowns are on and the top moments of 2015 listicles (#6 will shock you) are plentiful. We couldn't resist and have compiled a list of our own.

It hasn't been a particularly good year for ESPN, once considered evidence of cable's infallibility in the face of Internet video. The sports network spooked Wall Street several times this year; once when analysts realized ESPN's viewership totals had dropped 7.2% since 2011, and again when SEC filings showed the cable network had lost 7 million subscribers in the last two years alone. That's of course thanks to two major trends: cord cutting (and cord trimming) users tired of the high cost of TV, and the rise in so-called "skinny bundles" that ditch ESPN from the core channel lineup in a desperate attempt to retain TV customers.

The Wall Street Journal is reporting the NSA is in the middle of another "incidental collection" mess, this time involving Congress.

2015 was the year cord cutting stopped being written off as fringe behavior and truly went mainstream. 23% of consumers engaged in "cord trimming" in 2014 (reducing their overall package where they could), while 16% said they had unsubscribed from pay-TV services in the past year. Billions in stock value evaporated in a flash as Wall Street realized cord cutting wasn't a fad. in 2015, 4.9 million consumers called themselves former cable customers, a tally that's expected to jump 12.5% in 2016. Consumers are finally tired of paying an arm and a leg for bloated channel bundles, when they only watch, on average, about 17 of them.

Police unions are working tirelessly towards destroying any remaining shreds of respectability. Presumably, they once served a purpose roughly aligned with the public good. Now, they serve the singular purpose of ensuring our nation's law enforcement agencies will always be forced to keep the abusive, incompetent officers on their payroll.

Since the release of the TPP text back in November, commentators have naturally tended to concentrate on the bigger, more obvious problems -- things like the corporate sovereignty chapter, the extension of Big Pharma's monopolies to scientific data, and copyright provisions -- that Techdirt has been exploring for years. But there's one area that has received relatively little attention, perhaps because for most people it's an obscure topic that seems rather unimportant. It concerns the issue of trade secrets, which Techdirt wrote about in the context of TPP in October 2014. There, we concentrated on the risk that it would chill investigative reporting and corporate whistleblowing, but a new column in The Globe and Mail by Dan Breznitz, professor of Innovation Studies at the Munk School of Global Affairs at the University of Toronto, looks at the economic impact of TPP's trade secrets measures. First, he notes that copyright and patents are based on a social bargain:

Battery technology just hasn't improved as much as other electronic gadgets. We have computers that are more powerful than room-sized mainframes on our wrists, but we still can't go more than a day without recharging a modern smartphone. We've seen suggestions of various kinds of portable fuel cells, but none seem ready for consumer gadgets just yet -- even several years after promising announcements. There are a bunch of ways of generating relatively small amounts of energy from everyday activities, so maybe we can generate electricity as we need it as we walk around. But probably not.

For the first time ever, this month's Stupid Patent of the Month is being awarded to a design patent. Microsoft recently sued Corel for, among other things, infringing its patent on a slider, D554,140, claiming that Corel Home Office has infringed Microsoft's design. The design patent, as detailed by Microsoft in its complaint, is titled "User Interface for a Portion of a Display Screen" and entitles Microsoft to own this: More specifically, Microsoft claims to own this design of a slider. Design patents aren't like the utility patents that most people think of when they think of patents. Unlike utility patents, which are meant for new and useful inventions, design patents are meant for new, non-functional, ornamental aspects of articles. They have only one claim, little to no written description, and usually a series of images detailing what exactly is being claimed. (A note about design patents: solid lines are used to show what is claimed; broken or dotted lines show the unclaimed "environment related to the design" or define the boundary of the design.) As Professor Sarah Burstein points out on her fantastic Tumblr, design patents are often issued on a small part of a product, and often for things that seem unoriginal, not ornamental, or just ridiculous. Microsoft's patent claims against Corel are unsurprising in light of how much money is potentially at stake. If Corel is found to infringe even one of Microsoft's design patents through even the smallest part of Corel Home Office, current Federal Circuit law entitles Microsoft to all of Corel's profits for the entire product. Not the profits that can be attributed to the design. Not the value that the design adds to a product. Allof the profit from Corel Home Office. The well-known Apple v. Samsungdispute addressed the issue of whether an infringer should be required to pay all of its profits for infringing a design patent that applies only to a portion of a product. Samsung had asked the Court of Appeals for the Federal Circuit to reject this reading, but the court disagreed in a May, 2015 opinion. Samsung has now asked the Supreme Court to weigh in. In its petition for certiorari, Samsung points out the absurd results of this rule. For example, Samsung explains that under the Federal Circuit's ruling, "profits on an entire car—or even an eighteen-wheel tractor trailer—must be awarded based on an undetachable infringing cup-holder." In addition, given that many products will include multiple ornamental features that could be covered by design patents, this raises the possibility that a company could get hit for multiple judgments for all its profits. That sounds pretty crazy to us. But that's exactly what might happen if Microsoft prevails against Corel. Putting aside whether Microsoft's design was actually new and not obvious in 2006 (when Microsoft filed its application), whether Microsoft needed the patent incentive in order to come up with this design, and whether it is even desirable to grant a company a government-backed monopoly on a graphical slider (we don't think so, that's why this is a stupid patent), the scope of damages for design patent infringement has the potential to become a powerful tool to shut down legitimate competition based on the mere threat of a lawsuit. Reposted from the Electronic Frontier Foundation

The phrase "Internet of Things" suggests connection. The problem is there's nothing financially motivating about interconnectedness. Manufacturers of connected devices would prefer homogeneity, which leads to actions like Philips' which recently pushed a firmware update that locked competitors' bulbs out of its Hue "smart" lighting fixtures. Sure, it rolled back the update and (mostly) allowed owners to use bulbs they had already purchased, but it was also suggested in the same quasi-apology that the company would rather limit the options available to its purchasers in the future, funneling them through its "friends of Hue" program.

Another National Security Letter issued by the government has made its way into the public domain. While it's still likely years away from the full exposure finally granted to Nicholas Merrill of Calyx Internet Access (after 11 years!), this one may not stay covered up for the next decade.

We've talked a lot about Comcast here at Techdirt, mostly because between the company's broadband cash-grab caps, its great big middle finger to the concept of net neutrality, and its (haha) customer service, there's just a never ending wealth of stories to write up and Mike only lets us out of the dungeon for porridge after we write enough posts. And, as we bring 2015 to a close, it's kind of fun to remember that Comcast wanted to be an even bigger corporate thing with its intended merger with Time Warner Cable.

The $89 Edurila Membership gives you access to more than 120 courses -- with hours and hours of instruction -- on everything from developing an app for the Apple Watch to social media marketing to learning how to make money using the Web. You can stream the courses anytime on any device, so you can learn at your own pace and on your own schedule.

Great news for people who think there's just too damn much freedom in this country: the government's "no-fly" list is about to get much, much longer.