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Submission + - The Magic of Pallets

HughPickens.com writes: Jacob Hodes writes in Cabinet Magazine that there are approximately two billion wooden shipping pallets in the holds of tractor-trailers in the United States transporting Honey Nut Cheerios and oysters and penicillin and just about any other product you can think of. According to Hodes the magic of pallets is the magic of abstraction. "Take any object you like, pile it onto a pallet, and it becomes, simply, a “unit load”—standardized, cubical, and ideally suited to being scooped up by the tines of a forklift. This allows your Cheerios and your oysters to be whisked through the supply chain with great efficiency; the gains are so impressive, in fact, that many experts consider the pallet to be the most important materials-handling innovation of the twentieth century." Although the technology was in place by the mid-1920s, pallets didn’t see widespread adoption until World War II, when the challenge of keeping eight million G.I.s supplied—“the most enormous single task of distribution ever accomplished anywhere,” according to one historian—gave new urgency to the science of materials handling. "The pallet really made it possible for us to fight a war on two fronts the way that we did." It would have been impossible to supply military forces in both the European and Pacific theaters if logistics operations had been limited to manual labor and hand-loading cargo.

To get a sense of the productivity gains that were achieved, consider the time it took to unload a boxcar before the advent of pallets. “According to an article in a 1931 railway trade magazine, three days were required to unload a boxcar containing 13,000 cases of unpalletized canned goods. When the same amount of goods was loaded into the boxcar on pallets or skids, the identical task took only four hours.” Pallets, of course, are merely one cog in the global machine for moving things and while shipping containers have had their due, the humble pallet is arguably "the single most important object in the global economy."

Submission + - Should IT professionals be exempt from overtime? (pbs.org) 1

Paul Fernhout writes: Nick Hanauer's a billionaire who made his fortune as one of the original investors in Amazon. He suggests President Obama should restore US overtime regulations to the 1970s to boost the economy (quoted by PBS NewsHour):
"In 1975, more than 65 percent of salaried American workers earned time-and-a-half pay for every hour worked over 40 hours a week. Not because capitalists back then were more generous, but because it was the law. It still is the law, except that the value of the threshold for overtime pay--the salary level at which employers are required to pay overtime--has been allowed to erode to less than the poverty line for a family of four today. Only workers earning an annual income of under $23,660 qualify for mandatory overtime. You know many people like that? Probably not. By 2013, just 11 percent of salaried workers qualified for overtime pay, according to a report published by the Economic Policy Institute. And so business owners like me have been able to make the other 89 percent of you work unlimited overtime hours for no additional pay at all.
    The Obama administration could, on its own, go even further. Many millions of Americans are currently exempt from the overtime rules--teachers, federal employees, doctors, computer professionals, etc.--and corporate leaders are lobbying hard to expand "computer professional" to mean just about anybody who uses a computer. Which is almost everybody. But were the Labor Department instead to narrow these exemptions, millions more Americans would receive the overtime pay they deserve. Why, you might ask, are so many workers exempted from overtime? That's a fair question. To be truthful, I have no earthly idea why. What I can tell you is that these exemptions work out very well for your employers. ...
    In the information economy of the 21st century, it is not capital accumulation that creates growth and prosperity, but, rather, the virtuous cycle of innovation and demand. The more innovators and entrepreneurs we have converting ideas into products and services, the higher our standard of living, and the more people who can afford to consume these products and services, the greater the incentive to innovate. Thus, the key to growth and prosperity is to fully include as many Americans as possible in our economy, both as innovators and consumers.
    In plain English, the real economy is you: Raise wages, and one increases demand. Increase demand and one increases jobs, wages and innovation. The real economy is simply the interplay between consumers and businesses. On the other hand, as we've learned from the past 40 years of slow growth and record stock buybacks, not even an infinite supply of capital can persuade a CEO to hire more workers absent demand for the products and services they produce.
    The twisted irony is, when you work more hours for less pay, you hurt not only yourself, you hurt the real economy by depressing wages, increasing unemployment and reducing demand and innovation. Ironically, when you earn less, and unemployment is high, it even hurts capitalists like me. ..."

If overtime pay is generally good for the economy, should most IT professionals really be exempt from overtime regulations?

Submission + - Groceries Delivered, With a Side of Guilt Over Good Jobs 1

curtwoodward writes: Getting your groceries delivered isn't exactly a new idea. But in many large U.S. cities, it's never been easier, with tech companies of all sizes competing for dollars from time-strapped shoppers. After trying out two versions of online delivery services, this reviewer was left feeling they were pretty equivalent — but also had some serious worries about whether the people doing the work had good jobs, or were being exploited in the "independent contractor" economy.

Submission + - Rogers ISP MITM process detailed

knorthern knight writes: Lee Brotherston gives a talk http://blog.squarelemon.com/bl... about how his ISP deliberately MiTM’d his connection. This talk discusses how they did it, how he detected what they did and what this means. This talk covers what he learnt over three months of analysis focusing on the technology involved both on the ISP side and his own. He covers in detail how he went about identifying and mapping the ISPs hidden network components and how they modify IP connections. He briefly covers what this means to customers of their service, and provides technical evidence as well as a walk through how he used open source tools to unmask this Corp In The Middle attack. The slides used for the presentation are available at http://www.slideshare.net/LeeB...

Submission + - Satellites reveal hidden features at the bottom of Earth's seas (sciencemag.org)

sciencehabit writes: Oceanographers have a saying: Scientists know more about the surface of Mars than they do about the landscape at the bottom of our oceans. But that may soon change. Using data from satellites that measure variations in Earth’s gravitational field, researchers have found a new and more accurate way to map the sea floor. The improved resolution has already allowed them to identify previously hidden features—including thousands of extinct volcanoes more than 1000 meters tall—as well as piece together some lingering uncertainties in Earth’s ancient history.

Submission + - California Gov Brown Vetoes Bill Requiring Warrants for Drone Surveillance (latimes.com)

schwit1 writes: Brown, a Democrat facing re-election in November, sided with law enforcement and said the legislation simply granted Californians privacy rights that went too far beyond existing guarantees. Sunday's veto comes as the small drones are becoming increasingly popular with business, hobbyists, and law enforcement.

"This bill prohibits law enforcement from using a drone without obtaining a search warrant, except in limited circumstances," the governor said in his veto message(PDF). "There are undoubtedly circumstances where a warrant is appropriate. The bill's exceptions, however, appear to be too narrow and could impose requirements beyond what is required by either the 4th Amendment or the privacy provisions in the California Constitution."

At least 10 other states require the police to get a court warrant to surveil with a drone. Those states include Florida, Idaho, Illinois, Indiana, Iowa, Montana, Oregon, Tennessee, Utah, and Wisconsin.

California's drone bill is not draconian. It includes exceptions for emergency situations, search-and-rescue efforts, traffic first responders, and inspection of wildfires. It allows other public agencies to use drones for other purposes—just not law enforcement.

Submission + - Fired NY Fed Regulator's Secret Audio Recordings Inside Goldman Sachs 2

maynard writes: Carmen Segarra used to work as a regulator for the New York Federal Reserve Bank, one of twelve regional banks that make up the US central banking system. In her capacity as regulator, Ms. Segarra was assigned to a team overseeing investment banking giant Goldman Sachs. There, while investigating a case of Goldman having advisied a client about a buyout offer by another company in which the firm held significant investment holdings, she determined that Goldman didn't even have a conflict of interest policy. Her supervisor initially backed the investigation, until it became clear she meant to file a written report detailing her findings of fact. Then they abruptly fired her.

And all this would have been another unfortunate case of 'she-said / institution-said' ineffective whistleblowing were it not for the fact that Ms. Segarra saw what was coming and had bought a keychain audio recorder. With it, she collected 46 hours of internal discussion and meetings, including statements by Goldman Sachs principles admitting the firm didn't have a conflict of interest policy and that the deal under investigation had been "shady." Additionally, she collected reams of documents and testimony. She thought her case iron clad.

However, when it came time to reveal her findings in full to superiors, though initially supportive of the investigation, her boss quickly shifted gears and worked to squelch the report. This culminated in a recorded meeting where her boss made clear his supervisors at the Fed insisted she downplay those findings. Then, a week later, before she could formally file the report, they fired her.

While bits of the story have been out in print for about a year, the radio show This American Life just published actual excerpts from those audio recordings. They make for harrowing listening. As the producer says in the introduction, her recordings show: "Repeated examples of pervasive regulatory capture by the industry regulators are meant to oversee."

In other words, whereas before we could all surmise just how bad banking regulation must be, what with the Financial Crisis having nearly tanked the world economy and all, with this audio we can hear first hand and in minute detail what it's like for an honest regulator to try to do the job properly: You get fired. Quickly. Then your embarrassing work is buried and reputation smeared. And if she'd just kept her mouth shut, she coulda gotten rich! This, at the very heart of the global financial system.

Is it any wonder why the public has lost faith in our political and economic institutions?

Submission + - Is The Majority Of Global Warming Caused By Natural Atmospheric Circulation?

tranquilidad writes: In a paper published by the National Academy of Sciences of the United States, two authors ascribe the majority of northeast pacific coastal warming to natural atmospheric circulation and not to anthropogenic forcing. In AP's reporting, Ken Caldeira, an atmospheric scientist with the Carnegie Institution for Science says the paper's authors, '...have not established the causes of these atmospheric pressure variations. Thus, claims that the observed temperature increases are due primarily to "natural processes are suspect and premature, at best."' The paper's authors, on the other hand, state, '...clearly, there are other factors stronger than the greenhouse forcing that is affecting...temperatures,' and that there is a 'surprising degree to which the winds can explain all the wiggles in the temperature curve.'

Submission + - Aussie state cops outed as Finfisher law enforcement malware users

Bismillah writes: Wikileaks latest release of documents shows the the Australian New South Wales police force has spent millions on licenses for the FinFisher set of law enforcement spy- and malware tools — and still has active licenses. What it uses FinFisher, which has been deployed against dissidents by oppressive regimes, for is yet to be revealed.

Submission + - Extent of Antarctic sea ice reaches record levels (abc.net.au)

schwit1 writes: Scientists have declared a new record has been set for the extent of Antarctic sea ice since records began. Satellite imagery reveals an area of about 20 million square kilometers covered by sea ice around the Antarctic continent. Jan Lieser from the Antarctic Climate and Ecosystems Cooperative Research Centre (CRC) said the discovery was made two days ago.

"Thirty-five years ago the first satellites went up which were reliably telling us what area, two dimensional area, of sea ice was covered and we've never seen that before, that much area.

Submission + - Comcast Tells Customers to Stop Using Tor Browser (deepdotweb.com)

An anonymous reader writes: Comcast agents have reportedly contacted customers who use Tor, a web browser that is designed to protect the user’s privacy while online, and said their service can get terminated if they don’t stop using Tor. According to Deep.Dot.Web, one of those calls included a Comcast customer service agent named Jeremy...

Submission + - Surprise! TSA lied!

An anonymous reader writes: Does this make you feel safer? The TSA has now admitted that it had allowed illegal immigrants to fly without valid identification, something it had strongly denied when news sources revealed it last month.

[A newly discovered TSA] letter confirms that illegal aliens are being allowed to board planes using a Notice to Appear form (also known as I-862), as [union border patrol official] Darby revealed in July. Hector Garza, a spokesman for the National Border Patrol Council (NBPC) told Darby that Notice to Appear forms can “easily be reproduced or manipulated on any home computer. The Notice to Appear form has no photo, anyone can make one and manipulate one. They do not have any security features, no watermark, nothing. They are simply printed on standard copy paper based on the information the illegal alien says is the truth.”

So, while the TSA routinely sexually abuses American citizens while demanding they provide photo id, the agency has had policies that would allow an illegal immigrant, with unknown background and who has come from outside the country, to board planes using a simple form that anyone can photocopy.

Does anyone but me see something significantly wrong with this picture? Didn’t Congress originally create the TSA to prevent foreign nationals from boarding planes to hijack them?

The TSA is a joke imposed on us by our elected officials and approved of by too many Americans because it allows them to make believe we are doing something about terrorism. Other elected officials and TSA managers and employees than use the agency as a weapon to obtain power and crush the freedom of Americans. In that context, these actions by the TSA, including lying about their policies, make complete sense.

Submission + - Enforcing the GPL

lrosen writes: I am responding to the article in Opensource.com by Aaron Williamson, "Lawsuit threatens to break new ground on the GPL and software licensing issues."

I want to acknowledge Aaron's main points: This lawsuit challenges certain assumptions about GPLv2 licensing, and it also emphasizes the effects of patents on the FOSS (and commercial) software ecosystem. I also want to acknowledge that I have been consulted as an expert by the plaintiff in this litigation (Ximpleware vs. Versata, et al.) and so some of what I say below they may also say in court.

Let's be open about the facts here. Ximpleware worked diligently over many years to create certain valuable software. The author posted his source code on SourceForge. He offered the software under GPLv2. He also offered that software under commercial licenses. And he sought and received and provided notice of United States patent claims related to that software.

Unbeknownst to Ximpleware, Versata took that GPLv2 software and incorporated it into Versata products – without disclosing that GPLv2 software or in any other way honoring the terms of the GPLv2 license. The reason Ximpleware became aware of that GPLv2 breach is because some months ago Versata and one of its customers, Ameriprise, became embroiled in their own litigation. The breach of GPLv2 came out during discovery.

Ximpleware has terminated that license as to Versata. This is exactly what the Software Freedom Conservancy and others do when confronted by GPL breaches.

That earlier litigation is between two (or more) commercial companies; it is not a FOSS problem. These are mature, sophisticated, profitable companies that have the wherewithal to protect themselves. I know that in my own law practice, whether I represent software vendors or their commercial customers, we typically provide for some level of indemnification. Perhaps Ameriprise and the other customer-defendants can count on Versata defending them against Ximpleware. Such a commercial dispute between big companies – even if it involves the GPLv2 software of a small company and separate indemnification for copyright or patent infringement – is between them alone.

But as to Ximpleware and its GPLv2 copyrighted and patented software, there are a few misunderstandings reflected in Aaron Williamson's article:

1. The notion of "implied patent licensing" has no clear legal precedent in any software licensing. While it is true that goods that one purchases include a patent license under what is known as the "exhaustion doctrine," there is no exhaustion of patented software when copies are made (even though copying of the software itself is authorized by GPLv2). For example, a typical commercial patent license nowadays might include a royalty for each Android phone manufactured and sold. Companies that distribute Android phones and its FOSS software acquire patent licenses so that recipients of their phones are indeed free to use those phones. But that isn't because of some implied patent licenses that come with Android software, but because commercial companies that distribute phones pay for those patent rights, directly or indirectly. I think it is entirely reasonable to require that commercial companies get their patent licenses in writing.

2. Versata's customers who received the (in breach!) GPLv2 software all moved to dismiss Ximpleware's infringement claims against them, pointing to Section 0 of GPLv2, which says that "[t]he act of running the Program is not restricted." What that sentence actually means is just what it says: The GPLv2 copyright grant itself (which is all there is in GPLv2) does not restrict the act of running the program. Nor could it; that is a true statement because running a program is not one of the enumerated copyright rights subject to a copyright license (17 USC 106). The authors of the GPL licenses have themselves made that argument repeatedly: The use of software is simply not a copyright issue.

3. Because there are U.S. patent claims on this Ximpleware software, Section 7 of GPLv2 prohibits its distribution under that license in the United States (or any jurisdictions where patent claims restrict its use). If Ameriprise and the other defendants were outside the U.S. where the Ximpleware patents don't apply, then GPLv2 would indeed be sufficient for that use. But inside the U.S. those customers are not authorized and they cannot rely on an assumed patent grant in GPLv2. Otherwise GPLv2 Section 7 would be an irrelevant provision. Reread it carefully if you doubt this.

The Versata customers certainly cannot depend on an implied patent license received indirectly through a vendor who was in breach of GPLv2 since the beginning – and still is! Versata ignored and failed to disclose to its own customers Ximpleware's patent notices concerning that GPLv2 software, but those patents are nevertheless infringed.

Should we forgive commercial companies who fail to undertake honest compliance with the GPL? Should we forgive their customers who aren't diligent in acquiring their software from diligent vendors?

As Aaron Williamson suggests, we shouldn't ignore the implications of this case. After all, the creator of Ximpleware software made his source code freely available under GPLv2 and posted clear notices to potential commercial customers of his U.S. patents and of his commercial licensing options. Lots of small (and large!) open source commercial companies do that. Although it is ultimately up to the courts to decide this case, from a FOSS point of view Ximpleware is the good guy here!

There is rich detail about this matter that will come out during litigation. Please don't criticize until you understand all the facts.

Lawrence Rosen
Rosenlaw & Einschlag (lrosen@rosenlaw.com)

Submission + - Idiot Left Driver's Seat In Self-Driving Infiniti, On The Highway

cartechboy writes: Self-driving cars are coming, that's nothing new. People are somewhat nervous about this technology, and that's also not news. But it appears self-driving cars are already hear, and one idiot was dumb enough to climb out of the driver's seat while his car cruised down the highway. The car in question is a new Infiniti Q50 which has Active Lane Control and adaptive cruise control. Both of which essentially turn the Q50 into an autonomous vehicle while at highway speeds. While impressive, taking yourself out of a position where you can quickly and safely regain control of the car if needed is simply dumb. After watching the video, it's abundantly clear why people should be nervous about autonomous vehicles. It's not the cars and tech we need to worry about, it's idiots like this guy.

Submission + - Are Tesla and Panasonic already secretly building the gigafactory?

cartechboy writes: Earlier in the week we heard that Tesla and Panasonic had reached an agreement to build the gigafactory together, and today that became official. Now it seems that things are farther along than anyone thought. In fact, construction of the plant might already be secretly underway in Nevada. This is of course interesting as Tesla hasn't officially announced where the gigafactory will be built. Something called Project Tiger is currently underway east of Reno, and there's a lot of construction workers, heavy equipment, and a heavily guarded fenced barrier around the site. The volume of dirt being moved is 140,000 cubic yards, which matches the gigafactory dimensions given earlier this year by Tesla. Is it possible that Tesla's actually building the gigafactory before even announcing its location? It seems so, yes.

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