Software – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Facebook is Developing a Censorship Tool to Get Back into the Chinese Market https://legacy.lawstreetmedia.com/blogs/technology-blog/facebook-developing-censorship-tool-get-back-chinese-market/ https://legacy.lawstreetmedia.com/blogs/technology-blog/facebook-developing-censorship-tool-get-back-chinese-market/#respond Sat, 26 Nov 2016 22:04:57 +0000 http://lawstreetmedia.com/?p=57165

The social media site has been quietly inventing the tool.

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"Facebook" courtesy of Christopher; license: (CC BY-SA 2.0)

Facebook has been blocked in China since 2009, but now the company is secretly developing a censorship tool that would help it gain access to the Chinese market again. The tool would allow another company–likely a Chinese partner–to block certain posts from appearing in people’s newsfeeds in different geographic areas, according to some Facebook employees who asked to remain anonymous. They said that Facebook would not suppress content itself, but the software would be available for a third party company. If the resulting software makes the Chinese government more comfortable with Facebook’s services, this may allow Facebook to get back into the Chinese market.

However, the employees pointed out that this is still in the research stage and may never be offered to Chinese authorities at all. But the information raises questions about Facebook’s ethics. It would give the company 1.4 billion potential new users if they gained access to the Chinese market. But it could also be a compromise of democratic values and making “the world more open,” as the company has named as one of its mottos. Several employees that worked on the censorship project have quit their jobs, according to the New York Times. Since the American election, the phenomenon of fake news has also tarnished the company’s image, and many asked what role the social media site played in the election outcome. Now the question is, if the company is cool with censoring real news in China, why not just block fake news at home?

The problem is probably that it’s hard to quickly decide what is fake and what is not. Mark Zuckerberg posted a long status update about how 99 percent of what you see on your newsfeed is correct, but depending on what pages you follow or who your friends are, you might see a little more or less. He responded to the criticism by stopping ads from fake news outlets and pointed out that Facebook does not want hoaxes on its site. This is not enough, according to many, but he promised that more would be done when a good strategy is available, saying:

This is an area where I believe we must proceed very carefully though. Identifying the ‘truth’ is complicated. While some hoaxes can be completely debunked, a greater amount of content, including from mainstream sources, often gets the basic idea right but some details wrong or omitted.

But creating a censorship tool for China contradicts Facebook’s image of being an ethical and socially aware company. Even if Facebook technically just developed the software, it could still enable totalitarian leaders to leave out information and decide what their citizens see and don’t see. Maybe the creator of the main information source for billions of people should take an even greater responsibility to prevent that.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Tablets in the Workplace: Should Microsoft be Afraid of Apple? https://legacy.lawstreetmedia.com/blogs/technology-blog/tablets-workplace-microsoft-afraid-apple/ https://legacy.lawstreetmedia.com/blogs/technology-blog/tablets-workplace-microsoft-afraid-apple/#comments Thu, 17 Jul 2014 10:31:17 +0000 http://lawstreetmedia.wpengine.com/?p=19547

Exciting news is coming from the Apple camp. In an attempt to move into the business enterprise market, Apple has announced it will team up with IBM to create business apps for iPads and iPhones. As an owner of a Surface Pro and an iPhone, all I can say is that I'm excited to see the innovation that comes out of this new competition.

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Exciting news is coming from the Apple camp. In an attempt to move into the business enterprise market,  Apple has announced it will team up with International Business Machines Corp. (IBM) to create business apps for iPads and iPhones. It’s no secret that Microsoft has cornered the enterprise market for decades, representing as much as 92 percent of it; however, with Microsoft’s successful efforts to transform its devices and services with the release of the Surface RT and Surface Pro tablets, we shouldn’t be surprised that Apple wants to move in on the enterprise turf. As an owner of a Surface Pro and an iPhone, all I can say is that I’m excited to see the innovation that comes out of this new competition.

The folks at Microsoft have to be a little nervous. Apple has a huge following of dedicated consumers who are all too eager to get their hands on the next new device and software developed by the tech giant. Apple’s genius really is found in its ability to cultivate repeat customers due to proprietary practices. By allowing all Apple products to connect with each other, in addition to their exclusivity as it concerns software, its following grows and customer retention remains high.  Apple is essentially the Pringles of tech devices. You don’t stop after buying one, you get them all and have them communicate with each other. This level of integration is crucial. If the Apple/IBM partnership fairs well in the development of business software, there’s nothing stopping companies from also purchasing Apple computers to have the complete trifecta of phone, tablet, and computer integration. If Apple users can combine their business and personal lives through the exclusive use of Apple devices, what will happen to Microsoft?

Unfortunately, I’m not an oracle and therefore can’t predict how this will affect Microsoft, but I do know that the incorporation of tablets in the workplace will continue to increase over the next three years. I also know that the iPad currently makes up 91 percent of all tablet activations in the enterprise market.  An August 2013 report conducted by Forrestor Research found that by 2017 nearly one in five tablets will be purchased directly by companies. Some key reasons for the trend are better work functionality, quick accessibility to information, and the device’s use for business presentations. These conveniences are only amplified by the ability to have phones integrated with tablets. Many companies are already seeing the value of tablets in the workplace and in some cases implementing BYOD (bring your own device); however, the use of personal devices does create security concerns.

Now this is where the magic happens for Apple: companies are already promoting the use of tablets. In addition, having integrated tablet and mobile devices allows for constant connection and the ability to manage multi-platforms of integrated business data.  Apple already has the device and integrated system established.  All it needs is the security, big data, and analytics capabilities that businesses want, which is why its partnership with IBM is important.  According to Apple, IBM has the world’s deepest portfolio in Big Data and Analytics. Hence the beautiful marriage of IBM and Apple. This pairing will produce more than 100 industry-specific business solutions. High customer retention, an integrated system for all Apple devices, a partnership with the world’s leading big data and analytics corporation. A market for tablets in the workplace could mean trouble for Microsoft’s enterprise market.

Good luck to all involved, and let the innovation commence.

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Teerah Goodrum (@AisleNotes), is a recent Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football.

Featured image courtesy of [Leon Lee via Flickr]

Teerah Goodrum
Teerah Goodrum is a Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football. Contact Teerah at staff@LawStreetMedia.com.

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Computer Software Patents: To Be or Not to Be Eligible for Protection? https://legacy.lawstreetmedia.com/blogs/ip-copyright/computer-software-patents-to-be-or-not-to-be-eligible-for-protection/ https://legacy.lawstreetmedia.com/blogs/ip-copyright/computer-software-patents-to-be-or-not-to-be-eligible-for-protection/#comments Wed, 11 Dec 2013 21:14:03 +0000 http://lawstreetmedia.wpengine.com/?p=9701

The Supreme Court has granted certiorari to adjudicate the highly contested issue of which software innovations may be eligible for patent protection. The impact of this case will be decisive in determining the extent that a technology company can utilize an aspect of another’s software without being subjected to a patent infringement suit. At the […]

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The Supreme Court has granted certiorari to adjudicate the highly contested issue of which software innovations may be eligible for patent protection. The impact of this case will be decisive in determining the extent that a technology company can utilize an aspect of another’s software without being subjected to a patent infringement suit. At the same time, the decision may make it easier to challenge a patent for want of validity without having to sort through the particulars the patent includes.

Alice Corporation vs. CLS Bank is the case that has motivated the Supreme Court to sift through this heavily-weighted issue. Briefly, the case involves a company that held software patents covering methods of conducting online financial dealings. CLS Bank contended that the patent was invalid for lack of patentable subject matter, and the Court of Appeals for the Federal Circuit agreed. But why? Well that was the issue — they didn’t exactly know, releasing six different opinions, none of which was supported by the majority. In fact, another recent case involving the same question of patentable software was determined on a basis that was unclear as well.

 

Pushed by companies such as Google, JP Morgan, and Netflix that contend that patent standards are too lenient and vague, the courts are faced with a question that will decide the future of technological innovation. To be eligible for patent protection, an invention cannot be obvious or merely an abstract idea. The policy behind this is to preclude a patent holder from claiming an entire innovative field. Instead the application of an abstract idea to a certain process or structure may be patent eligible.

Stick with me. The crux of this issue is determining guidelines for what types of methods meet the patent eligibility standard, right? But what I’m confused about is why it makes any difference if a method is embodied in a machine or tangible article versus being written on computer software. A computer is indeed a structure (as required by the seminal case, Bilksi) and the software is intended to carry out the novel process. Whether a method is carried out by software should not be decisive in determining whether it is patent eligible. It shouldn’t be a factor for consideration. Software can most certainly envelope novel processes without monopolizing an entire concept, as seems to be the concern of anti-patentable-software advocates. For example, a software that writes a method for connecting Garage Band data to Guitar Hero by utilizing the music data created in Garage Band to formulate different levels in the Guitar Hero video game should be allowed to gain patent protection even though it may involve computer algorithms. For argument’s sake, it’s a non-obvious process that was executed through a machine — a computer. Why should it matter if the process was made to occur through some tangible box connecting your computer to your PlayStation? Why should this factor grant one innovator patent protection and not another?

The other side of this coin is no less convoluted. Arguing that software may simply cover a thought process or computation, companies such as Microsoft are asserting that software patents may stifle innovation. They claim that the patentability of these computer-executed methods may open the gateway for patent applicants claiming the rights to innovative tools that may be useful to a category of inventions. I disagree with this notion for the reasons stated above. Furthermore, the Patent and Trademark office considers whether a process transforms the thing through which it is employed to determine patent eligibility of a method as well. Wouldn’t employing a software on a computer undoubtedly transform it? A computer with iOS is vastly different from one with Windows, and, thus, a computer with any software added to it has been transformed because it is then a different piece of machinery facilitating different tasks.

The Supreme Court will hear arguments in March or April and release a decision by July of 2014.

Gena.

Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts.

Featured image courtesy of [Mike Licht, NotionsCapital.com via Flickr]

Gena Thomas
Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Contact Gena at staff@LawStreetMedia.com.

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