Microsoft Pushes for Single Global Patent System

September 3rd, 2009

Via: Cnet:

A senior lawyer at Microsoft is calling for the creation of a global patent system to make it easier and faster for corporations to enforce their intellectual property rights around the world.

In a blog posting on Tuesday, Microsoft’s Deputy General Counsel Horacio Gutierrez said that a backlog of patent applications internationally was needed to tackle the 3.5 million pending patent applications around the world–including around 750,000 in the US.

“In today’s world of universal connectivity, global business and collaborative innovation, it is time for a world patent that is derived from a single patent application, examined and prosecuted by a single examining authority and litigated before a single judicial body,” said Guiterrez. “A harmonized, global patent system would resolve many of the criticisms leveled at national patent systems over unmanageable backlogs and interminable pendency periods.”

Guiterrez went on to praise efforts to harmonize international patent systems through projects such as the Patent Prosecution Highway and the “IP5” partnership but said more needed to be done to allow corporations to protect their intellectual property.


USAID Probes the Possibility That Contractors Give a Cut to the Taliban

September 3rd, 2009

Via: Global Post:

The United States Agency for International Development has opened an investigation into allegations that its funds for road and bridge construction in Afghanistan are ending up in the hands of the Taliban, through a protection racket for contractors.

And House Foreign Affairs Committee member, Rep. Bill Delahunt (D-Mass.) vowed to hold hearings on the issue in the fall, saying: “The idea that American taxpayer dollars are ending up with the Taliban is a case for grave concern.”

U.S. officials confirmed that the preliminary investigation and the proposed hearings were sparked by a GlobalPost special report on the funding of the Taliban last month that uncovered a process that has been an open secret in Afghanistan for years among those in international aid organizations.

The report exposed that the Taliban takes a percentage of the billions of dollars in aid from U.S. and other international coalition members that goes to large organizations and their subcontractors for development projects, in exchange for protection in remote areas controlled by the insurgency.

“We are looking into this. We are always interested in fraud, waste and abuse,” said Dona Dinkler, the chief of staff for congressional affairs at USAID’s Office of Inspector General in Washington, D.C.

But, she added: “It’s a real hard thing to prove. Who is going to survive to testify about that? That is our challenge. But that doesn’t mean we stop trying. We want to get to the bottom of it.”

…

USAID’s Inspector General has only one investigator in Afghanistan and two auditors tracking the billions of tax payers’ dollars that go to NGOs in that troubled country.

Research Credit: BT


Bush’s Third Term? You’re Living It

September 3rd, 2009

Please understand: THERE ARE NO POLITICAL SOLUTIONS TO THE PROBLEMS THE U.S. IS FACING. The outcome of this election is meaningless, one way or the other. The more you keep grasping for glimmers of hope within the political system, the worse off you will be.

…

Will a big Democratic win calm people down? Maybe that’s what They’ll allow. It might ease the panic, so the ship of fools can sail on for another few months. If They were smart, that’s what They’d do.

—Waiting for Clarity On the Brink of Oblivion, 2006

This is an absolute must read. The source article is chock full of links.

You might be able to cure your family and friends of their Obama zombie affliction with this one.

Via: TomDispatch:

Bush’s Third Term?
You’re Living It
By David Swanson

It sounds like the plot for the latest summer horror movie. Imagine, for a moment, that George W. Bush had been allowed a third term as president, had run and had won or stolen it, and that we were all now living (and dying) through it. With the Democrats in control of Congress but Bush still in the Oval Office, the media would certainly be talking endlessly about a mandate for bipartisanship and the importance of taking into account the concerns of Republicans. Can’t you just picture it?

There’s Dubya now, still rewriting laws via signing statements. Still creating and destroying laws with executive orders. And still violating laws at his whim. Imagine Bush continuing his policy of extraordinary rendition, sending prisoners off to other countries with grim interrogation reputations to be held and tortured. I can even picture him formalizing his policy of preventive detention, sprucing it up with some “due process” even as he permanently removes habeas corpus from our culture.

I picture this demonic president still swearing he doesn’t torture, still insisting that he wants to close Guantanamo, but assuring his subordinates that the commander-in-chief has the power to torture “if needed,” and maintaining a prison at Bagram Air Base in Afghanistan that makes Guantanamo look like summer camp. I can imagine him continuing to keep secret his warrantless spying programs while protecting the corporations and government officials involved.

If Bush were in his third term, we would already have seen him propose, yet again, the largest military budget in the history of the world. We might well have seen him pretend he was including war funding in the standard budget, and then claim that one final supplemental war budget was still needed, immediately after which he would surely announce that yet another war supplemental bill would be needed down the road. And of course, he would have held onto his Secretary of Defense from his second term, Robert Gates, to run the Pentagon, keep our ongoing wars rolling along, and oversee the better part of our public budget.

Bush would undoubtedly be following through on the agreement he signed with Iraqi Prime Minister Nouri al-Maliki for all U.S. troops to leave Iraq by the end of 2011 (except where he chose not to follow through). His generals would, in the meantime, be leaking word that the United States never intended to actually leave. He’d surely be maintaining current levels of troops in Iraq, while sending thousands more troops to Afghanistan and talking about a new “surge” there. He’d probably also be escalating the campaign he launched late in his second term to use drone aircraft to illegally and repeatedly strike into Pakistan’s tribal borderlands with Afghanistan.

If Bush were still “the decider” he’d be employing mercenaries like Blackwater and propagandists like the Rendon Group and he might even be expanding the number of private security contractors in Afghanistan. In fact, the whole executive branch would be packed with disreputable corporate executive types. You’d have somebody like John (“May I torture this one some more, please?”) Rizzo still serving, at least for a while, as general counsel at the CIA. The White House and Justice Department would be crawling with corporate cronies, people like John Brennan, Greg Craig, James Jones, and Eric Holder. Most of the top prosecutors hired at the Department of Justice for political purposes would still be on the job. And political prisoners, like former Alabama Governor Don Siegelman and former top Democratic donor Paul Minor would still be abandoned to their fate.

In addition, the bank bailouts Bush and his economic team initiated in his second term would still be rolling along — with a similar crowd of people running the show. Ben Bernanke, for instance, would certainly have been reappointed to run the Fed. And Bush’s third term would have guaranteed that there would be none of the monkeying around with the North American Free Trade Agreement (NAFTA) that the Democrats proposed or promised in their losing presidential campaign. At this point in Bush’s third term, no significant new effort would have begun to restore Katrina-decimated New Orleans either.

If the Democrats in Congress attempted to pass any set of needed reforms like, to take an example, new healthcare legislation, Bush, the third termer, would have held secret meetings in the White House with insurance and drug company executives to devise a means to turn such proposals to their advantage. And he would have refused to release the visitor logs so that the American public would have no way of knowing just whom he’d been talking to.

During Bush’s second term, some of the lowest ranking torturers from Abu Ghraib were prosecuted as bad apples, while those officials responsible for the policies that led to Abu Ghraib remained untouched. If the public continued to push for justice for torturers during the early months of Bush’s third term, he would certainly have gone with another bad apple approach, perhaps targeting only low-ranking CIA interrogators and CIA contractors for prosecution. Bush would undoubtedly have decreed that any higher-ups would not be touched, that we should now be looking forward, not backward. And he would thereby have cemented in place the power of presidents to grant immunity for crimes they themselves authorized.

If Bush were in his third term, some of his first and second term secrets might, by now, have been forced out into the open by lawsuits, but what Americans actually read wouldn’t be significantly worse than what we’d already known. What documents saw the light of day would surely have had large portions of their pages redacted, and the vast bulk of documentation that might prove threatening would remain hidden from the public eye. Bush’s lawyers would be fighting in court, with ever grander claims of executive power, to keep his wrongdoing out of sight.

Now, here’s the funny part. This dark fantasy of a third Bush term is also an accurate portrait of Obama’s first term to date. In following Bush, Obama was given the opportunity either to restore the rule of law and the balance of powers or to firmly establish in place what were otherwise aberrant abuses of power. Thus far, President Obama has, in all the areas mentioned above, chosen the latter course. Everything described, from the continuation of crimes to the efforts to hide them away, from the corruption of corporate power to the assertion of the executive power to legislate, is Obama’s presidency in its first seven months.

Which doesn’t mean there aren’t differences in the two moments. For one thing, Democrats have now joined Republicans in approving expanded presidential powers and even — in the case of wars, military strikes, lawless detention and rendition, warrantless spying, and the obstruction of justice — presidential crimes. In addition, in the new Democratic era of goodwill, peace and justice movements have been strikingly defunded and, in some cases, even shut down. Many progressive groups now, in fact, take their signals from the president and his team, rather than bringing the public’s demands to his doorstep.

If we really were in Bush’s third term, people would be far more active and outraged. There would already be a major push to really end the wars in Iraq and Afghanistan/Pakistan. Undoubtedly, the Democrats still wouldn’t impeach Bush, especially since they’d be able to vote him out before his fourth term, and surely four more years of him wouldn’t make all that much difference.


Pfizer Agrees to Pay Largest Healthcare Fraud Penalty in History

September 2nd, 2009

Via: BBC:

US drugmaker Pfizer has agreed to pay $2.3bn (£1.4bn) in the largest healthcare fraud settlement in the history of the Department of Justice.

A subsidiary pleaded guilty to misbranding drugs “with the intent to defraud or mislead”.

Pfizer illegally promoted four drugs and caused false claims to be submitted to government healthcare programmes for uses that were not medically accepted.

US officials said Pfizer would have to enter a corporate integrity agreement.

It will be subject to additional public scrutiny by requiring it to make “detailed disclosures” on its website.

Pfizer’s general counsel said: “We regret certain actions taken in the past, but are proud of the action we’ve taken to strengthen our internal controls.”

“The size and seriousness of this resolution, including the huge criminal fine, reflect the seriousness and scope of Pfizer’s crimes,” said Mike Loucks, acting US attorney for the District of Massachusetts.

The company faces a criminal fine of $1.195bn and a subsidiary company of Pfizer – Pharmacia & Upjohn – will forfeit $105m, totalling a criminal resolution of $1.3bn.

The remaining $1bn fine was levied to resolve the allegations under the civil False Claims Act.

Four drugs

The civil settlement also relates to allegations that Pfizer paid bribes to healthcare providers to induce them to prescribe four named drugs. These are Bextra, an anti-inflammatory drug, Geodon, an anti-psychotic drug, Zyvox, an antibiotic and Lyrica, an epilepsy treatment.

The investigation was trigged by allegations made by six whistleblowers. They will receive $102m of the civil fines paid by Pfizer.

“Although these types of investigations are often long and complicated and require many resources to achieve positive results, the FBI will not be deterred from continuing to ensure that pharmaceutical companies conduct business in a lawful manner,” said Kevin Perkins, FBI assistant director, Criminal Investigative Division.

The pharmaceutical firm said earlier this year that it would pay the fine “to put issues that diminish trust behind us”.

Pfizer reported a 90% drop in profit to $268m in the fourth quarter of 2008, because of the $2.3bn legal settlement, indicating that the company was aware they would be paying this sum before the terms of the deal with the Department of Justice were announced.


CIA Doctors Face Human Experimentation Claims

September 2nd, 2009

Via: Guardian:

Doctors and psychologists the CIA employed to monitor its “enhanced interrogation” of terror suspects came close to, and may even have committed, unlawful human experimentation, a medical ethics watchdog has alleged.

Physicians for Human Rights (PHR), a non-profit group that has investigated the role of medical personnel in alleged incidents of torture at Guantánamo, Abu Ghraib, Bagram and other US detention sites, accuses doctors of being far more involved than hitherto understood.

PHR says health professionals participated at every stage in the development, implementation and legal justification of what it calls the CIA’s secret “torture programme”.

The American Medical Association, the largest body of physicians in the US, said it was in open dialogue with the Obama administration and other government agencies over the role of doctors. “The participation of physicians in torture and interrogation is a violation of core ethical values,” it said.

The most incendiary accusation of PHR’s latest report, Aiding Torture, is that doctors actively monitored the CIA’s interrogation techniques with a view to determining their effectiveness, using detainees as human subjects without their consent. The report concludes that such data-gathering was “a practice that approaches unlawful experimentation”.

Human experimentation without consent has been prohibited in any setting since 1947, when the Nuremberg Code, which resulted from the prosecution of Nazi doctors, set down 10 sacrosanct principles. The code states that voluntary consent of subjects is essential, and that all unnecessary physical and mental suffering should be avoided.

The Geneva conventions also ban medical experiments on prisoners and prisoners of war, which they describe as “grave breaches”.

Under CIA guidelines, doctors and psychologists were required to be present during the use of so-called enhanced interrogation techniques on detainees.

In April, a leaked report from the International Committee of the Red Cross found that medical staff employed by the CIA had been present during waterboarding, and had even used what appeared to be a pulse oxymeter, placed on the prisoner’s finger to monitor his oxygen saturation during the procedure. The Red Cross condemned such activities as a “gross breach of medical ethics”.

PHR has based its accusation of possible experimentation on the 2004 report of the CIA’s own inspector general into the agency’s interrogation methods, which was finally published two weeks ago after pressure from the courts.

An appendix to the report, marked “top secret”, provides guidelines to employees of the CIA’s internal Office of Medical Services “supporting the detention of terrorists turned over to the CIA for interrogation”.

Medical workers are given the task of “assessing and monitoring the health of all Agency detainees” subjected to enhanced techniques. These techniques include facial slaps, sleep deprivation, walling – where their padded heads are banged against walls – confinement in boxes, and waterboarding or simulated drowning.

The guidelines instruct doctors to carry out regular medical checks of detainees. They must ensure that prisoners receive enough food, though diet “need not be palatable”, and monitor their body temperature when placed in “uncomfortably cool environments, ranging from hours to days”.

If temperatures are lowered below 18C (64F), “detainees should be monitored for the development of hypothermia”.

Doctors can acquiesce in detainees being made to stand for up to 72 hours, “assuming no medical contra-indications”, as well as sleep deprivation beyond 72 hours if sanctioned from above.

The most controversial guideline refers to waterboarding, the technique where prisoners are made to feel as though they are drowning by having water poured over a cloth across their face. The guidelines stress that the method carries physical risks, particularly “by days 3-5 of an aggressive programme”.

In a highlighted note at the end of the guideline, medical staff are instructed to keep detailed notes of every time waterboarding is used, “in order to best inform future medical judgments and recommendations”. Doctors are told to record “how long each application lasted, how much water was used in the process, how exactly the water was applied, if a seal was achieved, if the naso- or oropharynx was filled … and how the subject looked between each treatment.”

Scott Allen, a professor of medicine at Alpert School of Medicine, Rhode Island, and an author of the PHR report, said more information was now needed to determine whether doctors had crossed the line.

However, he said: “Health professionals were being asked to take careful notes so that they could improve an unproven technique. That certainly has elements of experimentation.”

PHR is calling for an official investigation into the role of doctors in the CIA’s now widely discredited programme. It wants to know exactly how many doctors participated, what they did, what records they kept and the science that they applied.

The Obama administration has appointed a federal prosecutor to investigate alleged CIA mistreatment of terror suspects during the Bush era, though it is unclear whether the inquiry will take on board the role of physicians.


Gold Is Probably About to Put on a Show

September 2nd, 2009

WARNING: This is not a recommendation to buy, sell or hold any financial instrument.

I’m not able to make a high confidence call on which way gold is going to go, but I think it’s about to make a strong move. If I was forced to guess, I’d say that it will break higher, which means the USDX will need to take another leg down below 77.49. The dollar is rangebound and the (weekly) Bollinger bands are starting to compress. With the USDX Bollinger bands squeezing like that, along with the triangle on gold reaching the end of the line: Something is probably about to give.

Gold September 2009, Weekly Interval
Spot gold, weekly interval

If gold does break higher, the $1032 resistance looms overhead. A move above $1032 could see it go sharply higher, as that would be THE BIG, BIGGY breakout. Of course, there would probably be some emergency (with system level implications) accompanying a move like that. (Take your pick of what it might be. Maybe the flu nonsense, maybe something else.) Gold is not just going to take a leisurely stroll over $1032 on no news. A wheel is going to have to fall off the apple cart. Something big is going to have to happen for $1032 to be taken out to the upside.

A break below the lower trend line would blow up this triangle formation and set the stage for a big move down… But it’s going into northern hemisphere Fall, when gold usually rallies… But then again, commercial traders are very short…

Again, this is an extremely tough call. It’s very blurry. I’d give it a 55% chance of breaking up and out of the triangle and a 51% chance of breaking above $1032 this Fall. The USDX looks like shit on a stick and if that thing can’t rally, it’s about to lean over hard. If that happens, gold longs should be aware that the all time low on the USDX is 70.79. Plan to hedge/pare down/sell out/diversify your long gold positions as necessary going into the low 70s on USDX. Personally, I won’t be selling one gram of my gold (because I use it as a hedge against cash).

Around 70.79, two doors emerge: Behind Door #1: The dollar will stage a massive rally/dead cat bounce/short squeeze from Hell. (Don’t ask me how this would happen.) Behind Door #2: A wildcard event; a system transformation. System transformation is lingo from International Relations. It means paradigm change; a break from past normative assumptions about the system and the actors within it. New rules.

There’s nothing but air under 70.79 and I doubt that the Them will just let the rocket sled of doom hit the wall at a thousand miles per hour. They’ll try some kind of nonsense, a New and Improved Global Confetti Currency, or maybe fewer national confetti currencies. The Amero, perhaps. Something of this nature.

But that’s getting way ahead of events. Let’s see if the dollar can hold above 77.49 in the near term, or not.


‘Pacific Garbage Patch’ Expedition Finds Plastic, Plastic Everywhere

September 2nd, 2009

Via: San Jose Mercury News:

Scientists who returned to the Bay Area this week after an expedition to the “Great Pacific Garbage Patch” brought piles of plastic debris they pulled out of the ocean — soda bottles, cracked patio chairs, Styrofoam chunks, old toys, discarded fishing floats and tangled nets.

But what alarmed them most, they said Tuesday, was the nearly inconceivable amount of tiny, confettilike pieces of broken plastic. They took hundreds of water samples between the Farallon Islands near San Francisco and the notorious garbage patch 1,000 miles west of California, and every one had tiny bits of plastic floating in it. And the closer they sailed to the garbage patch, which some researchers have estimated to be twice the size of Texas, the more plastic pieces per gallon they found.

“Marine debris is the new man-made epidemic. It’s that serious,” said Andrea Neal, principal investigator on the Kaisei, a 151-foot research ship on the trip.

Neal, a Santa Barbara researcher who has a doctorate in molecular genetics and biochemistry, said crews on the three-week voyage discovered tiny jellyfish eating bits of the plastic debris. The jellyfish are, in turn, eaten by fish like salmon or tuna, which people eat.

Because the plastic pieces contain toxic chemicals — and are believed to be able to absorb now-banned chemicals such as DDT and PCBs, which can persist in the environment for decades — state toxicologists have taken hundreds of the objects, along with more than 300 fish, to an environmental chemistry lab in Berkeley to see if any chemicals are moving up the food chain.

“Every day, every night, we’d pull up samples and pour the water through a sieve. It would be completely clogged with tiny pieces of plastic,” said Margy Gassel, a research scientist with the California Environmental Protection Agency. “It was so disturbing.”

The research was the most extensive look yet at the garbage patch, a collection of mostly plastic debris located 1,000 miles north of Hawaii. The bobbing debris field, where currents swirl everything from discarded fishing line to plastic bottles into one soupy mess, was discovered in the mid-1990s.

Not much is known about it, including when it began forming or even its exact boundaries. It cannot be seen from the air or from satellites because most of the plastic has broken down into billions of tiny, confettilike pieces that float just below the surface.

Scientists believe the trash washes down storm drains and rivers from places such as the Bay Area or Japan, eventually drifting into several large ocean vortices where currents swirl together.


UN Chief Visits ‘Doomsday’ Seed Vault in Arctic

September 2nd, 2009

Via: AFP:

UN chief Ban Ki-moon visited Wednesday a vault carved into the Arctic permafrost, filled with samples of the world’s most important seeds in case food crops are wiped out by a catastrophe.

“The world faces many daunting challenges today, one of the greatest of which is how to feed a growing population in the context of climate change,” a bundled-up Ban told reporters after he toured the site in the Svalbard archipelago some 1,200 kilometres (745 miles) from the North Pole.

“The seeds stored here in Svalbard will help us do just that. Sustainable food production may not begin in this cold Arctic environment, but it does begin by conserving crop diversity,” he said.

Aimed at safeguarding biodiversity in the face of climate change, wars and other natural and man-made disasters, the seed bank has the capacity to hold up to 4.5 million batches of seeds, or twice the number of crop varieties believed to exist in the world today.

The vault was inaugurated in February 2008, and so far some 25 international and national institutes from 22 countries have deposited some 400,000 batches, according to the Norwegian government.

Overlooking a fjord, the vault forms a long trident-shaped tunnel bored deep into the Svalbard sandstone and limestone.

Metal shelves lining three cold chambers will eventually be stacked with airtight bags filled with seed samples.

After passing through an airlock designed to keep temperatures inside the main vault at minus 18 degrees Celsius (minus 0.4 Fahrenheit), Ban looked on with interest as he was shown plastic boxes filled with samples.

“This site, collated by all the countries, is really creative. I’m inspired by this vision to sustain the world in the future,” he said.


Mercenaries in Afghanistan: “Lord of the Flies Environment”

September 2nd, 2009

Via: New York Daily News:

Secretary of State Clinton ordered an investigation on Tuesday into the Animal House revels of private guards at the U.S. Embassy in Afghanistan – including booze, hookers and other “deviant behavior.”

“These are very serious allegations, and we are treating them that way,” State Department spokesman Ian Kelly said of photo and e-mail evidence of the “climate of fear and coercion” at the living quarters of ArmorGroup guards.

The investigation by the State Department’s inspector general follows a shocking report to Clinton by the nonprofit Project on Government Oversight detailing a “Lord of the Flies environment” at the Camp Sullivan compound a few miles from the embassy in Kabul. Prostitutes allegedly were brought in for birthday parties, drunken guards engaged in brawls and boozy lawn parties turned into naked affairs where guests urinated on one another, according to photos and videos obtained by the nonprofit group.

Clinton has “zero tolerance” for the behavior described and has directed a “review of the whole system” for farming out security to private contractors that may have threatened the safety of embassy personnel, Kelly said.

Earlier, hearings in June by Sen. Claire McCaskill (D-Mo.), head of the subcommittee on contractor oversight, questioned whether the contract with ArmorGroup, now owned by Wackenhut Services Inc., should be renewed.

In a separate letter to Clinton, McCaskill said the Project on Government Oversight report “calls into question the ability of the contractor to provide sufficient security for the embassy.”

Wackenhut did not immediately respond to requests for comment.

The report found sleep-deprived guards regularly logging 14-hour days, language barriers that impair critical communications and a failure by the State Department to hold the contractor accountable.

About 300 of the 450 ArmorGroup guards employed to protect 1,000 personnel at the embassy are Nepalese Gurkhas and the rest are a mix of Australian, South African and American expats, the oversight project report said.

Although the Gurkhas were described as “serious about their jobs,” their difficulty with English had forced the English speakers to “use pantomime in order to convey orders or instructions,” the report said.

“One guard described the situation as so dire that if he were to say to many of the Gurkhas, ‘There is a terrorist standing behind you,’ those Gurkhas would answer ‘Thank you, Sir, and good morning,'” the report said.


Cities’ Budget Problems Getting Worse

September 2nd, 2009

Via: Bloomberg:

U.S. city officials say they expect to face further financial strains because tax collections won’t recover until after the economy emerges from the deepest recession since the Great Depression, a national survey found.

Eighty-eight percent of city finance officers said they are less able to cover the cost of running their governments than a year ago, up from 64 percent a year earlier, according to a survey of 379 cities by the National League of Cities between April and June. It was the most negative assessment since the survey began in 1986. Eighty-nine percent said the next budget year would be even worse.


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