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    	<title>STDOUT</title>
    	<link>http://www.fsfe.org/en/fellows/tonnerre/stdout</link>
    	<description></description>
    	<language>ger-DE</language>    	<item>
      		<pubDate>Fr, 16 Mai 2008 02:11:34 +0200</pubDate>
      		<title>Debian OpenSSH key weakness FAQ</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/debian_openssh_key_weakness_faq</link>
      		<description>
									&lt;p&gt;
 A lot of confusion has turned up about the
 &lt;a href=&quot;http://blog.pas-un-geek-en-tant-que-tel.ch/archives/2008/05/13/Blind_trust_in_valgrind_-_the_Debian_OpenSSL_vulnerability/&quot;&gt;OpenSSL
  insecure PRNG vulnerability&lt;/a&gt; in Debian and related systems. This is
 an attempt to clear these up.
&lt;/p&gt;
&lt;h3&gt;Which distributions were affected?&lt;/h3&gt;
&lt;p&gt;
 All distributions which pulled their OpenSSL changes directly from Debian.
 Those are namely:
&lt;/p&gt;
&lt;p&gt;
 Debian Etch and Lenny, Ubuntu/Kubuntu/Xubuntu and related, grml,
 &lt;a href=&quot;http://www.knoppix.net/wiki/Knoppix_Customizations&quot;&gt;Knoppix and
  all living customizations&lt;/a&gt; and Univention UCS 2.0. Other Linux
 distributions may also be affected.
&lt;/p&gt;
&lt;p&gt;
 Known &lt;u&gt;not&lt;/u&gt; to be affected are: Fedora, Debian Sarge, NetBSD, OpenBSD,
 FreeBSD, DragonFlyBSD, MirBSD, Gentoo Linux, Univention UCS 1.x, Red Hat
 Enterprise Linux, OpenSuSE, SuSE Linux Enterprise, CentOS, pfSense,
 m0n0wall, Sun Solaris 10 and prior and OpenSolaris.
&lt;/p&gt;
&lt;h3&gt;What exactly is the problem?&lt;/h3&gt;
&lt;p&gt;
 Due to a &lt;a href=&quot;http://blog.pas-un-geek-en-tant-que-tel.ch/archives/2008/05/13/Blind_trust_in_valgrind_-_the_Debian_OpenSSL_vulnerability/&quot;&gt;slightly
  misguided valgrind warning patch&lt;/a&gt;, the only “random” element
 used in key generation and other random number generation processes by
 Debian was the process ID. Since typical process IDs under Linux range from
 0 to 65'535, there were only 65'536 possible different keys generated by
 the OpenSSL toolchain, also including SSH.
&lt;/p&gt;
&lt;p&gt;
 This means specificially that an attacker needs only 65'536 attempts to
 bruteforce a key generated by any Debian tool during this period of time.
 The impact of this depends on the usage of the key: for SSH user keys,
 it means that an attacker can impersonate the affected user and log in
 as the affected user to any system where the key is in the authorized_keys
 file. For keys used for certification and encryption, such as SSH host
 keys and SSL certificates, an attacker can impersonate the affected SSH
 or web server, and can potentially read currently running and recorded
 sessions, depending on the procedure used for session key establishment.
&lt;/p&gt;
&lt;h3&gt;How can I figure out if my key was affected?&lt;/h3&gt;
&lt;p&gt;
 Debian and Ubuntu have released
 &lt;a href=&quot;http://security.debian.org/project/extra/dowkd/dowkd.pl.gz&quot;&gt;tools
  for key analysis&lt;/a&gt; which scan for patterns of the vulnerable keys by
 connecting to named hosts and looking into user's home directories for
 authorized_keys files which contain the patterns. An updated version of
 OpenSSH for Debian and Ubuntu now ships with a tool to automatically
 discover and refuse the vulnerable keys.
&lt;/p&gt;
&lt;h3&gt;My key is affected – what should I do?&lt;/h3&gt;
&lt;p&gt;
 The first point is of course to immediately update the affected packages
 if you use a Debian derived system. Then, generate new SSH keys and replace
 them on all systems where your old SSH keys are located. Replace them
 as well on the servers of this nasty customer who left for the concurrence
 – imagine what would happen if he found out that you left a vulnerable
 SSH key on his host and that his host was compromitted by your negligence.
&lt;/p&gt;
&lt;p&gt;
 All affected OpenSSL certificates should also be revoked immediately. Generate
 new certificates and let them be signed and re-issued through your CA.
 Commercial CAs should let you reissue the certificate with the same Subject
 until the end of the certification period you paid up to. Please note that
 revokation is a critical step here, otherwise people might still impersonate
 your old certificate which might, after all, still be valid.
&lt;/p&gt;
&lt;p&gt;
 Then make sure your infrastructure was not taken over by botnets through
 an insecure SSH key. Check for rootkits as well while you're at it. If your
 log host is affected, tough luck.
&lt;/p&gt;
&lt;h3&gt;How urgent is this? Will I have to act immediately?&lt;/h3&gt;
&lt;p&gt;
 Yes, this item requires your immediate attention as there are already
 &lt;a href=&quot;http://blog.pas-un-geek-en-tant-que-tel.ch/archives/2008/05/15/Botnets_exploiting_the_Debian_SSH_key_generation_weakness/&quot;&gt;botnets
  out there&lt;/a&gt; which search for accounts with vulnerable SSH keys. The
 question is not “Does someone care about me little Internet user?”
 — these bots are out to compromise hosts and to send SPAM and malware
 to other hosts. They don't care if you are an attractive target, they
 attack anything they can find and try to send SPAM with it.
&lt;/p&gt;
&lt;h3&gt;I have put my securely generated private SSH user key onto a Debian
 system. Should I replace it?&lt;/h3&gt;
&lt;p&gt;
 Yes. On a Debian system, your private key was not safe during the last 2
 years. The system may have been compromitted during that time, or someone
 may even only have been eavesdropping your communication and have gained
 knowledge about your SSH key. You should definitely consider it
 compromitted.
&lt;/p&gt;
&lt;h3&gt;I have put my securely generated public SSH user key onto a Debian
 system. Should I replace it?&lt;/h3&gt;
&lt;p&gt;
 This depends. If your key is an RSA key, it is not compromitted simply
 by putting the public key onto a server and authenticating against it.
 The SSH 2.0 protocol, as described in RFCs 4252 and 4253, part of the
 token being signed as challenge by the user is the “session
 identifier”, which is a hash from the key exchange. This effectively
 prevents replay attacks of authentication processes done using a
 non-vulnerable SSH key, because the random material used as challenge
 is not only controlled by the vulnerable SSH host, but also by the
 non-vulnerable client. Thus, the data your SSH key has to sign as a
 challenge is not vulnerable to the weak PRNG of the SSH server, and
 thus cannot compromise your key.
&lt;/p&gt;
&lt;p&gt;
 This is however not true for DSA keys. DSA has a weakness when used
 in the Diffie-Hellmann key exchange process, rendering it basically
 uneffective. If the attacker gets hold of the random number used by
 the Debian SSH server in the key exchange process, this can be used
 to calculate the private DSA key from the public key with a complexity
 of 2&lt;sup&gt;16&lt;/sup&gt;, being 65'536.&lt;/p&gt;&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;h3&gt;Summary&lt;/h3&gt;
&lt;ul&gt;&lt;li&gt;Change any key pair generated using an affected version of the
  pseudo-random number generator. This applies both to the user and
  host SSH keys, and is of course also valid for certificates.&lt;/li&gt;&lt;li&gt;If you have used a DSA key or certificate on a host affected by
  the vulnerability, it must be regenerated.&lt;/li&gt;&lt;li&gt;Assume that all data read from and written to a vulnerable machine
  may be intercepted and/or tampered with, like if no crypto layer had
  been applied in the first place.&lt;/li&gt;&lt;li&gt;RSA keys used to authenticate to vulnerable hosts are secure.&lt;/li&gt;&lt;/ul&gt;
&lt;h3&gt;Acknowledgements&lt;br /&gt;&lt;/h3&gt;
&lt;p&gt;
 Special thanks for this goes to Steven M. Bellovin, who took the time
 to go through an analysis of this entire process with me and to clear
 up my misunderstandings about the OpenSSH challenge-response procedure.&lt;/p&gt;&lt;p&gt;&lt;em&gt;&lt;font size=&quot;1&quot;&gt;(&lt;a href=&quot;http://blog.pas-un-geek-en-tant-que-tel.ch/archives/2008/05/16/Debian_OpenSSH_key_weakness_FAQ/&quot; title=&quot;Debian OpenSSH key weakness FAQ&quot;&gt;Original source&lt;/a&gt;)&lt;/font&gt;&lt;/em&gt;&lt;br /&gt;&lt;/p&gt;

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    	</item>
	    	<item>
      		<pubDate>Di, 13 Mai 2008 22:52:22 +0200</pubDate>
      		<title>Blind trust in valgrind - the Debian OpenSSL vulnerability</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/blind_trust_in_valgrind_the_debian_openssl_vulnerability</link>
      		<description>
									&lt;p&gt;
 The big run on valgrind way back in 2005 to 2006 has already demanded its
 first prominent victim: the OpenSSL implementation shipped with Debian.
&lt;/p&gt;
&lt;p&gt;
 Way back in May 2006, one of the Debian developers ran valgrind on
 OpenSSL in an attempt to make it more secure. Along the findings of
 valgrind was an uninitialized buffer named buf in the &lt;em&gt;ssleay_rand_add&lt;/em&gt;
 function in &lt;em&gt;openssl/crypto/rand/md_rand.c&lt;/em&gt;. The programmer simply
 commented out the &lt;em&gt;MD_Update&lt;/em&gt; call which added the random data to
 the pool in order to fix the presumed flaw.
&lt;/p&gt;
&lt;p&gt;
 This blind patch was not exactly the correct thing to do. The data
 contained in buf was exactly the random pool initialization data,
 which was now no longer being added.
&lt;/p&gt;
&lt;p&gt;
 Apparently, the OpenSSL team also had its part in this game though. The
 Debian developer sent the patch upstream, and
 &lt;a href=&quot;http://marc.info/?l=openssl-dev&amp;amp;m=114652287210110&amp;amp;w=2&quot;&gt;it was
  approved for debugging purposes&lt;/a&gt; by the OpenSSL team. Apparently,
 this was slightly misunderstood by the Debian developer, so he committed
 the now-defunct MD based PRNG into the Debian codebase.
&lt;/p&gt;
&lt;p&gt;
 According to the audit trail of the
 &lt;a href=&quot;http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=363516&quot;&gt;corresponding
  Debian bug&lt;/a&gt;, the Debian SSL team approved the patch and released a
 “fixed” package in May 2006.
&lt;/p&gt;
&lt;h3&gt;The impact&lt;/h3&gt;
&lt;p&gt;
 As soon as the new OpenSSL release was deployed, the Debian users would
 now create keys using an MD as pseudo random number generator with hardly
 any modifications in the randon pool. As a short explanation to
 non-cryptographers: it was not really random.
&lt;/p&gt;
&lt;p&gt;
 The Debian Security team then discovered certain patterns which would
 emerge magically in most of their SSH and SSL keys, as well as keys
 from all other products which were based on OpenSSL. After several
 days if not weeks of analysis, the culprit had been tracked down to
 be that precise valgrind-triggered change.
&lt;/p&gt;
&lt;p&gt;
 The effect of this could be observed in the past couple of days by
 close followers of the Debian community. All of a sudden, the
 &lt;a href=&quot;https://ca.debian.org/&quot;&gt;web&lt;/a&gt; certificates changed, all
 authorized_keys files were removed from the project servers, and some
 SSH host keys had changed, even though non of them had expired. This
 confused the Debian community very much, and was perceived as
 “A large security incident immediately ahead”.
&lt;/p&gt;
&lt;p&gt;
 With the release of the
 &lt;a href=&quot;http://lists.debian.org/debian-security-announce/2008/msg00152.html&quot;&gt;
  Debian Security Advisory&lt;/a&gt; today, this expectation
 was finally fulfilled, and the incident was indeed a major one: users
 were asked to regenerate &lt;u&gt;all&lt;/u&gt; OpenSSL generated cryptographic
 keys since May 2006. A script was released to detect and warn about
 common patterns(!) in the various key files.
&lt;/p&gt;
&lt;h3&gt;Lessons learned&lt;/h3&gt;
&lt;p&gt;
 There are certainly various lessons to be learned from this, both on
 the cryptographic, the programming and the practical side.
&lt;/p&gt;
&lt;ol&gt;&lt;li&gt;&lt;strong&gt;Don't blindly trust valgrind's output.&lt;/strong&gt;&lt;br /&gt;
  This has been repeated over and over again. If valgrind finds a
  presumed flaw in your code, it does not necessarily mean it is really
  a flaw. It must be investigated very thoroughly by the programmer, and
  not patched away lightly just because it's there.
 &lt;/li&gt;&lt;li&gt;&lt;strong&gt;Cryptography may be counter intuitive to a programmer.&lt;/strong&gt;&lt;br /&gt;
  I personally can't stop repeating this. What might appear as a
  runtime optimization to a programmer can indeed be a timing based
  information disclosure on the cryptographic level, and what might
  look like an uninitialized variable might actually not want to be
  zeroed out.&lt;br /&gt;
  This is also an argument against GnuTLS I keep repeating. Cryptography
  is not something which can be handled just like that by any good
  programmer. One needs at least a diploma in maths &lt;u&gt;and&lt;/u&gt; programming
  &lt;u&gt;plus&lt;/u&gt; be a very focused computer geek and close follower of the
  cryptographic community to even be able to touch cryptographic
  products successfully. This is the reason why I have major concerns
  with the GNU community rewriting an SSL implementation from scratch
  just because they do not like the OpenSSL license.
 &lt;/li&gt;&lt;li&gt;&lt;strong&gt;A diversification of infrastructures may be useful at times.&lt;/strong&gt;&lt;br /&gt;
  This might be a bit counter-intuitive to those who followed the argument
  from the last paragraph, but the sole reason why the chain of trust did
  not break for the Debian team was that besides their working OpenSSL
  PKI, they also had a working, trusted and distributed GnuPG PKI. Thus,
  even though all OpenSSL keys were compromitted, the GnuPG keys could
  still be used to verify the origin of various security credentials
  and to verify that the new key material et cetera was indeed originating
  from the Debian project.
 &lt;/li&gt;&lt;/ol&gt;
&lt;p&gt;
 That said, I would like to proudly add that neither the NetBSD base nor
 the pkgsrc version of OpenSSL are affected by this bug.
&lt;/p&gt;
&lt;h3&gt;Audit trail&lt;/h3&gt;
&lt;ul&gt;&lt;li&gt;&lt;em&gt;22:20: Added more precise information on what keys and certificates
  changed&lt;/em&gt;&lt;/li&gt;&lt;li&gt;&lt;em&gt;23:25: Added reference to what exactly happened to get the patch
  approved&lt;/em&gt;&lt;/li&gt;&lt;/ul&gt;&lt;p&gt;&lt;em&gt;&lt;font size=&quot;1&quot;&gt;(&lt;a title=&quot;Blind trust in valgrind - original story&quot; href=&quot;http://blog.pas-un-geek-en-tant-que-tel.ch/archives/2008/05/13/Blind_trust_in_valgrind_-_the_Debian_OpenSSL_vulnerability/&quot;&gt;Original source&lt;/a&gt;)&lt;/font&gt;&lt;/em&gt; &lt;br /&gt;&lt;/p&gt;

																			</description>
    	</item>
	    	<item>
      		<pubDate>So, 17 Feb 2008 02:25:55 +0100</pubDate>
      		<title>OSS Jam Reloaded in Zurich</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/oss_jam_reloaded_in_zurich</link>
      		<description>
									
&lt;p&gt;
 After the success of the &lt;a title=&quot;Article about the first OSS jam&quot; href=&quot;https://www.fsfe.org/en/fellows/tonnerre/stdout/google_invites_to_oss_jam_lightning_talks_in_zurich&quot;&gt;first &lt;em&gt;OSS jam&lt;/em&gt;&lt;/a&gt;, Google invites people to a second round in its
 new Zurich office on February 28th, 2008. Once again, participants are
 invited to present their projects in a short 5-minute time frame,
 trying to find future project contributers.
&lt;/p&gt;
&lt;p&gt;
 This time, a topic has been set for submissions: «The desktop in the
 past, present and future». People who are seeking for participation
 in their desktop projects are invited to present them at the jam.
&lt;/p&gt;
&lt;h2&gt;OSS Jam and Google&lt;/h2&gt;
&lt;p&gt;
 The question is of course how this fits into Google's search engine
 business. To this question, there are two different, unrelated
 answers.
&lt;/p&gt;
&lt;p&gt;
 Firstly, Google has extended its scope beyond search engines quite some
 time ago. Like Yahoo delivered widgets for web applications, Google also
 delivered the Google Widget Toolkit for Java web applications and similar
 products, and is expanding its scope to Open Source and the community.
&lt;/p&gt;
&lt;p&gt;
 Secondly, Google's OSS Jam provides the Open Source community with ways
 to &lt;em&gt;find&lt;/em&gt; new participants for their projects, and as such, there
 is a philosophical relation to the search business.
&lt;/p&gt;
&lt;p&gt;
 Either way, it is going to be interesting to watch the future development
 of this tradition.&lt;/p&gt;&lt;p&gt;For more information please visit &lt;a href=&quot;http://groups.google.com/group/open-source-jam-zurich&quot; title=&quot;Google's Open Source Jam information site&quot;&gt;Google's Open Source Jam information site&lt;/a&gt;.&amp;nbsp;&lt;/p&gt;

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    	</item>
	    	<item>
      		<pubDate>Mo, 17 Dez 2007 01:34:01 +0100</pubDate>
      		<title>European Union and the Lisbon Treaty: the birth of a new country</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/european_union_and_the_lisbon_treaty_the_birth_of_a_new_country</link>
      		<description>
									&lt;p&gt;
 On December 13th, 2007, exactly 26 years after
 &lt;a href=&quot;http://en.wikipedia.org/wiki/Martial_law_in_Poland&quot;&gt;Poland called
  for martial law in 1981&lt;/a&gt; in order to gain back control over the
 opposition, the European Union members have signed a treaty which became
 known as the &lt;a href=&quot;http://en.wikipedia.org/wiki/Treaty_of_Lisbon&quot;&gt;Lisbon
  Treaty of 2007&lt;/a&gt;. This treaty practically establishes the European Union
 as a state of its own, along with a new constitution.
&lt;/p&gt;
&lt;p&gt;
 Most of the flaws which have been pointed out in the EU Constitution are
 also present in the Lisbon Treaty, but have not been addressed yet. As an
 example, the Lisbon Treaty contains provisions that the EU may go to war
 while individual member states may «constructively abstain»
 – thus being practically incapable of preventing having to go to
 war.
&lt;/p&gt;
&lt;p&gt;
 The Brussels Journal has an
 &lt;a href=&quot;http://www.brusselsjournal.com/node/2773&quot;&gt;analysis of the contract
  by Professor Anthony Coughlan&lt;/a&gt; which enumerates 10 major changes the
 contract is making (while surely going too far to the Eurosceptic direction
 in suggesting that the harmonization effort in itself is wrong).
&lt;/p&gt;
&lt;ol&gt;&lt;li&gt;It establishes a legally new European Union in the constitutional
  form of a supranational European State.&lt;/li&gt;&lt;li&gt;It empowers this new European Union to act as a State vis-a-vis
  other States and its own citizens.&lt;/li&gt;&lt;li&gt;It makes all citizens of European member states also citizens of
  this new European Union.&lt;/li&gt;&lt;li&gt;The same name «European Union» will be kept while the
  Lisbon Treaty changes fundamentally the legal and constitutional nature
  of the Union.&lt;/li&gt;&lt;li&gt;It creates a Union Parliament for the Union's new citizens.&lt;/li&gt;&lt;li&gt;It creates a Cabinet Government of the new Union.&lt;/li&gt;&lt;li&gt;It creates a new Union political President.&lt;/li&gt;&lt;li&gt;It creates a civil rights code for the new Union's citizens.&lt;/li&gt;&lt;li&gt;It makes national Parliaments subordinate to the new Union.&lt;/li&gt;&lt;li&gt;It gives the new Union self-empowerment powers.&lt;/li&gt;&lt;/ol&gt;
&lt;p&gt;
 While the establishment of an European state is certainly a long-term
 goal to aim for, some elements of this treaty are still not acceptable.
 The current contract still contains some provisions which are not adequate
 for the constitution, and should be refined to meet the high democratic
 standards set by the member states.
&lt;/p&gt;
&lt;p&gt;
 The military cooperation charter a rather unfortunate chapter, remembering
 the controversy of the war against Iraq, which Germany and France chose to
 abstain. Would such a situation take place in the future, then Germany and
 France might be forced to participate in the war. This is of course one of
 the consequences of the harmonization process, but there should be
 provisions declaring that an unanimous decision is required in order to
 go to war – the only way to really justify it. An exception would
 of course be when an aggression against a member state has to be
 encountered.
&lt;/p&gt;
&lt;p&gt;
 This looks like yet another treaty which has not been balanced properly
 beforehand and needs a lot of further work before it will be adequate
 for the reason it was intended to.
&lt;/p&gt;

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    	</item>
	    	<item>
      		<pubDate>Di, 11 Dez 2007 19:34:43 +0100</pubDate>
      		<title>Amazon One-Click Patent invalidated</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/amazon_one_click_patent_invalidated</link>
      		<description>
									&lt;p&gt;After a long work in that area, the &lt;a href=&quot;http://www.ffii.org/&quot;&gt;&lt;em&gt;Foundation for a Free Information Infrastructure&lt;/em&gt; (FFII)&lt;/a&gt; has finally succeeded to get a court to invalidate Amazon's One-Click Patent.&lt;/p&gt;&lt;p&gt;In the &lt;a href=&quot;http://press.ffii.org/Press_releases/Amazon_patent_fully_revoked%3A_skirmish_victory_for_FFII&quot; title=&quot;FFII press release about the Amazon One-Click Patent Invalidation&quot;&gt;press release&lt;/a&gt;, the FFII representatives explain how the patent has been invalidated in two steps: first, the current claims were invalidated on the basis of lack of an inventive step, thus allowing Amazon to postulate new claims. However, these claims were dismissed as an infringement of Art. 123 EPC, revoking the patent in its entirety.&amp;nbsp;&lt;/p&gt;&lt;p&gt;The entire debate is a clear sign that clarification of the EPC provisions would improve the situation of legal uncertainty which we're currently suffering.&lt;br /&gt;&lt;/p&gt;
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    	</item>
	    	<item>
      		<pubDate>So, 09 Dez 2007 14:18:37 +0100</pubDate>
      		<title>Germany wants stronger age verifications and bans on foreign providers</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/germany_wants_stronger_age_verifications_and_bans_on_foreign_providers</link>
      		<description>
									&lt;p&gt;
 The German Federal Court of Justice has decided in case &lt;em&gt;Az. I ZR 102/05&lt;/em&gt;
 that even stronger age verification mechanisms are required for providing
 access to adult content on the Internet. According to the Federal Court,
 the current practice of verification of ID card numbers and bank accounts
 are not sufficient, because any minor could gain access to this information
 easily.
&lt;/p&gt;
&lt;p&gt;
 The court proposes a verification process which involves the local postal
 delivery services. The deliverer is supposed to verify the age of the
 future web site user in an eye-to-eye process.
&lt;/p&gt;
&lt;p&gt;
 For the various providers of adult content which are not subject to German
 law, the Federal Court sees the Internet Service Providers in the responsibility to block the web sites in question.
&lt;/p&gt;

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    	</item>
	    	<item>
      		<pubDate>So, 09 Dez 2007 14:13:58 +0100</pubDate>
      		<title>Germany: Data Retention only until the end of the contract</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/germany_data_retention_only_until_the_end_of_the_contract</link>
      		<description>
									
 In case &lt;em&gt;Az. 5 C314/06&lt;/em&gt; against the Federal Ministry of Justice, the
 District Court of Berlin Central has decided that all retained data must
 be deleted by the end of the contract with the customer. According to the
 judges, retention of data even beyond the contract period is a violation
 of the right to informational self-determination.

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    	</item>
	    	<item>
      		<pubDate>Do, 06 Dez 2007 20:07:47 +0100</pubDate>
      		<title>OpenISO website launched</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/openiso_website_launched</link>
      		<description>
									&lt;p&gt;
     Starting from today, there is a new standardization organization doing
     its work in this world. It is known under the name OpenISO, and is
     an organization created by &lt;a href=&quot;http://www.bollow.ch/&quot;&gt;Norbert
      Bollow&lt;/a&gt; (who some of us might remember from thankpoland.info).
    &lt;/p&gt;
    &lt;p&gt;
     OpenISO is an organization which set out to create truly open
     standards, not based on a reasonable and not discriminatory (RAND)
     basis. OpenISO wants all information required to implement its
     standards to be free, so everyone can freely develop competing
     poducts that implement its standards.
    &lt;/p&gt;
    &lt;p&gt;
     So far, OpenISO has released a number of standards in the network
     area (such as &lt;a href=&quot;http://openiso.org/OI/E400:draft3&quot;&gt;the telnet
      protocol&lt;/a&gt;), and is now &lt;a href=&quot;http://openiso.org/Ecma/376/&quot;&gt;aiming
      at ECMA 376 in a Call for Participation&lt;/a&gt;.
    &lt;/p&gt;

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    	</item>
	    	<item>
      		<pubDate>Di, 04 Dez 2007 00:33:23 +0100</pubDate>
      		<title>EU-EPLA: Zypries and her Technical Judges against the principles of Democracy</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/eu_epla_zypries_and_her_technical_judges_against_the_principles_of_democracy</link>
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&lt;p align=&quot;justify&quot; style=&quot;margin-bottom: 0in;&quot;&gt;After the death of the
European Patent Litigation Agreement (EPLA) as an international
treaty, EU-EPLA has been introduced, promising the same undesirable
litigation to only the European Union. The core of the proposal is
the creation of an European Judge Academy and a specialized Patent
Court under the pillar of the European Court of Justice (ECJ).&lt;/p&gt;
&lt;p align=&quot;justify&quot; style=&quot;margin-bottom: 0in;&quot;&gt;Brigitte Zypries, the
German minister of Justice, wants this court not to be lead by
regularly appointed judges, but by so-called technical experts. She
promises better examination of the technical substance of the patents
in corresponding processes. These technical experts are basically
just another name for Patent Agents who have passed the Judge
Academy. But what are those Patent Agents anyway?&lt;/p&gt;
&lt;h1 class=&quot;western&quot;&gt;The Patent Agents&lt;/h1&gt;
&lt;p align=&quot;justify&quot;&gt;A while ago, the European Patent Office (EPO)
created a new class of working men called patent agents. These patent
agents act as “technical experts” (Zypries definition) in
lawsuits where a patent is challenged, and provide their expertise to
the judge in trying to assess the validity of a given patent.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;So what does it take to become a Patent Agent? The
straightest way to find out is to apply as a Patent Agent to the
European Patent Office. The response from the EPO is short and clear:
all that is required is a degree in a field of Engineering. Law
degrees are not required, since Patent Agents are currently only
functioning as experts in court cases, and thus competence in legal
questions is not a criterion.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;This renders the whole idea quite absurd to send
these patent professionals to a Judge Academy for some short period of time and
to appoint them as judges who have to make legally valid decisions. A
large number of legislations even &lt;u&gt;require&lt;/u&gt; judges to have a law
degree. A patent professional cannot be expected to make legally intelligent
decisions.&lt;/p&gt;
&lt;h1 class=&quot;western&quot;&gt;Still no Division of Powers at EPO&lt;/h1&gt;
&lt;p align=&quot;justify&quot;&gt;But the problem in terms of legal issues goes even
further. Currently, the EPO is one of the few international agencies
which does not adhere at all to the principles of Division of Powers.
Patents are granted by the EPO, which constitutes the legislative
branch, and part of the enforcement process is also going through the
EPO, which is the executive branch.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;If EPO-educated Patent Agents are now entering the
judicative branch, this means that this branch is also going to be
under control of the European Patent Office. This means that the
third pilar of a democratic society, the judicative branch, is going
to be held by the same organization which holds the legislative and
executive branch. This constitution of powers should be considered
highly undemocratic, as the Division of Powers is one of the main
principles of a democratic society.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;There is no problem with Patent Agents as experts to
judges which provide them with facts about the assessed validity of
the patent in question (Well, it is still a bit problematic since
these experts are coming from the same entity which originally
granted the patent), but there is a serious problem if one
organization gains total power over their entire legislative process.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;What must also be considered is that the European
Patent Office is not an EU institution, and as such not under
democratic control by the European Parliament. This makes the entire
constellation even more problematic, since there is basically no
democratic body controlling the EPO.&lt;/p&gt;
&lt;h1 class=&quot;western&quot;&gt;Pseudo Decentralization&lt;/h1&gt;
&lt;p align=&quot;justify&quot;&gt;Another issue with the proposal is that it
introduces some artificial decentralization by establishing local
patent courts. The idea is that a number of countries share one
patent court, which might give a decentralized impression at first
glance but is not decentralized at all on the second. A real
decentralized patent court would mean that every country has its own
patent court which elects its own set of judges.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;In the case of EU-EPLA however, the European Union
provides the regional courts with the technical judges, whose
identity and meaning has been outlined some paragraphs above. This
means that the individual member countries have no control over their
local courts.&lt;/p&gt;
&lt;h1 class=&quot;western&quot;&gt;Dividing and Conquering&lt;/h1&gt;
&lt;p align=&quot;justify&quot;&gt;The last problem is more on the economic side as
well as a problem with harmonization. Currently, there is no clear
regulation in the European Union on how to deal with processes where
patents are challenged. Thus, there are two different ways to deal
with such challenges.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;The first way is rather straightforward and is
deployed in countries like Sweden. The procedure is rather easy: if
the validity of the patent is challenged, then it will have to be
decided on during the same process, along with the applicability of
the same patent. This means that the plaintiff has to balance the
scope of his patent very well because if his claims are too broad,
the patent will be invalidated, and if they are too narrow, the
patent will simply not be applicable in the proceedings because it
will not cover the committed infringement.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;However, in Germany and some other countries, a
different procedure is in place. This procedure defines that a second
process is created, potentially even at a different court. This means
that potentially a different judge will be handling the patent
validity case. This again means that the plaintiff could assume a
very narrow set of claims for the patent validity case, while a very
broad set of claims can be used in the applicability question in
order to have a very broad infringement of the patent. This is only
possible because the two cases are disjunctive.&lt;/p&gt;
&lt;p align=&quot;justify&quot;&gt;This is just one more case of harmonization with the
hammer. There are clear economic advantages of the first procedure,
but nevertheless the second procedure is supposed to be harmonization
but without any proper discussion of the issues. With all these
problems, it is clear that this proposal is not in the best interest
of the member states to accept this proposal. It is desirable that
these issues are cleared up before the proposal can be accepted or
rejected. Once there is a proposal which adheres to the democratic
principles, a pan-european patent agreement is certainly warmly
welcome.&lt;/p&gt;


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      		<pubDate>Mo, 03 Dez 2007 02:44:34 +0100</pubDate>
      		<title>IPRED2: A sign of lack of harmonization inside the EU?</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/ipred2_a_sign_of_lack_of_harmonization_inside_the_eu</link>
      		<description>
									&lt;h1&gt;History of IPRED2&amp;nbsp;&lt;/h1&gt;&lt;p&gt;Back in 2004, the European Commission announced that, following the &lt;em&gt;Intellectual Property Rights Enforcement Directive part 1&lt;/em&gt; (IPRED1), a second part would be released to refine the measures as appropriate. This second part, IPRED2, would be released once IPRED1 would be implemented in the entirety of Europe, and once the experiences of the impact of IPRED1 would have been gathered.&lt;/p&gt;&lt;p&gt;But it appears that the Commission got impatient after this, and IPRED2 was already drafted early in 2005. However, objections had been raised in front of the &lt;em&gt;European Court of Justice&lt;/em&gt; (ECJ) as to whether the European Commission had the competence at all to create criminal legislation for the entirety of the European Union. The ECJ &lt;a href=&quot;http://wiki.ffii.org/Com051123En&quot; title=&quot;IPRED2 derailed due to ECJ court ruling&quot;&gt;decided that the Commission did not have this competence&lt;/a&gt;, and sent several legal documents back to the drafting table, including the IPRED2 directive proposal.&lt;/p&gt;&lt;p&gt;Despite the fact that IPRED1 still was not implemented in all member states and no experience had been gathered, the Commission started anew in 2006 with a new IPRED2 draft. This draft is presented to the European Parliament by Rapporteur Nicola Zingaretti, and has passed the European Council as well as the parliamentary expert gremia JURI, ITRE and LIBE and the plenary vote.&lt;/p&gt;&lt;p&gt;However, the law is not final yet. Due to express requests from parliamentarians, the release of the law in the official journal of the European Union, which would make it legally binding, has been postponed, in order to allow the issues which have been raised to be discussed.&lt;/p&gt;&lt;h1&gt;Issues with IPRED2&lt;/h1&gt;&lt;p&gt;The main problem with IPRED2 is that it is formulated in a way too broad fashion. During the conciliation phase, the legal proposal has already been improved in some way, but the problems remain: IPRED2 imposes criminal sanctions on undisclosed infringements on intellectual property rights. The problems with this have been outlined in a FFII paper called “&lt;a href=&quot;http://action.ffii.org/ipred2/FFII_Analysis?action=AttachFile&amp;amp;do=get&amp;amp;target=ep-ipred2-20061206.pdf&quot; title=&quot;To Lisbon or to Prison - an IPRED2 analysis&quot;&gt;To Lisbon or to Prison&lt;/a&gt;” by the FFII.&lt;/p&gt;&lt;p&gt;There is also a &lt;a href=&quot;http://www.ipred.org/analysis&quot; title=&quot;IPRED2 analysis by Vrijschrift&quot;&gt;detailed analysis of IPRED2&lt;/a&gt; from Vrijschrift.&lt;/p&gt;&lt;h1&gt;A sign of lack of harmonization?&lt;br /&gt;&lt;/h1&gt;&lt;p&gt;IPRED2 is also often referred to as a piece of “Italo-legislation”. This is of course not meant as an insult, but it is a consequence from the fact that the Italian legal system works differently from, for example, the German legal system.&lt;/p&gt;&lt;p&gt;In Italy, legislation is always formulated in a very excessive way and then the jurisdiction sorts out the problems with their judgment on the applicability of the legislation. However, in Germany, what is written in law is always applicable and will be applied, so the impact of such broad formulations will be a lot higher in some European countries than in others.&lt;/p&gt;&lt;p&gt;The only possible interpretation for this problem is that the European Union is not ready yet for legislation of such immense importance. Before criminal sanctions can be harmonized, there must be a common basis for interpretation of the legislation.&lt;br /&gt;&lt;/p&gt;
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      		<pubDate>Sa, 01 Dez 2007 00:36:40 +0100</pubDate>
      		<title>OOXML: an obstacle to accessibility?</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/ooxml_an_obstacle_to_accessibility</link>
      		<description>
									
&lt;p&gt;The Adaptive Technology Resource Center (ATRS) released a &lt;a title=&quot;List of issues with OOXML accessibility&quot; href=&quot;http://atrc.utoronto.ca/index.php?option=com_content&amp;amp;sectionid=14&amp;amp;task=view&amp;amp;hidemainmenu=1&amp;amp;id=371&quot;&gt;list of issues&lt;/a&gt; which have been raised in their analysis of the OOXML specification with regard to accessibility.&lt;/p&gt;&lt;p&gt;According to the paper, the standard itself contains a number of questionable regulations which might pose a threat to the ability of the programmer to make the implementing software accessible to disabled people. The main point of criticism is that some proprietary formats have been used in areas where free W3C standards are already in existence and covering the same functionality. However, while the W3C standards have been developed with accessibility in mind, the notion of accessibility is apparently missing entirely from the OOXML standard.&lt;/p&gt;&lt;p&gt;As an example, some of the specifications for insertion of images do not allow for image formats which permit access to disabled users. The ATRS then goes on to demand the revision of these issues. A long list of references to objections regarding accessibility and related issues is referenced at the end of the paper. &lt;/p&gt;
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      		<pubDate>Fr, 30 Nov 2007 12:46:32 +0100</pubDate>
      		<title>Bale (Canton) switches to Linux, PostgreSQL</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/bale_canton_switches_to_linux_postgresql</link>
      		<description>
									&lt;p&gt;The department of Military, Police and Justice (JPMD) of Bale (Canton, BL) in Switzerland is after the canton Turgovie (TG) the second cantonal administration to switch to Free Software solutions.&lt;/p&gt;&lt;p&gt;The Central Service for Informatics (ZID) of Bale (Canton), which is responsible for the migration, wants to switch to SuSE Linux Enterprise Server version 10 and PostgreSQL version 8.2. The JPMD is thereby considered as a test platform for the rest of the cantonal administration, which is going to follow the example if considered appropriate.&lt;/p&gt;&lt;p&gt;Both cantons are using the software &lt;a href=&quot;http://www.fabasoft.de/cms/Produkte/FabasofteGov-Suite/Uebersicht.htm&quot; title=&quot;Fabasoft eGov-Suite 7.0&quot;&gt;Fabasoft eGov Suite 7.0&lt;/a&gt;, a public services request tracking system not heavily unlike &lt;a href=&quot;http://bestpractical.com/rt/&quot; title=&quot;RT Request Tracker by Best Practical&quot;&gt;RT&lt;/a&gt; but including contact data and document management, which is usable for both Windows and Linux. The software also offers a standardized interface for exchange of data with other public service providers.&lt;br /&gt;&lt;/p&gt;&lt;p&gt;&lt;p&gt;For more detailed information, please read the &lt;a href=&quot;http://www.linuxkommunale.de/2099-Zwei-Schweizer-Kantone-wechseln-zu-Open-Source.html&quot; title=&quot;Linuxkommunale article on how Bale (Canton) switches to Free Software&quot;&gt;Linuxkommunale article on how Bale (Canton) switches to Free Software&lt;/a&gt;.&amp;nbsp;&lt;/p&gt;&lt;/p&gt;
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      		<pubDate>Fr, 23 Nov 2007 01:34:51 +0100</pubDate>
      		<title>Gnome goes Mono and jumps into the Patent Trap</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/gnome_goes_mono_and_jumps_into_the_patent_trap</link>
      		<description>
									
&lt;p&gt;A couple of years back, the Gnome desktop environment developers have taken the decision to
 &lt;a href=&quot;http://www.osnews.com/story.php/5746/Commentary-The-Upcoming-GNOME-Monarchy-of-Mono/&quot;&gt;reengineer
  the Gnome desktop around the Mono framework&lt;/a&gt;. This decision has mainly
 been influenced by the main Mono developer
 &lt;a href=&quot;http://tirania.org/blog/&quot;&gt;Miguel de Icaza&lt;/a&gt;, who is a very vocal
 employee of Novell. Recent developments thus request us to recall the pieces of the puzzle in order to understand what might really be going on.&lt;br /&gt;
&lt;/p&gt;
&lt;p&gt;
 Reasonable doubt has been rased to whether or not Mono can actually be
 deployed freely. Mono itself is basically a free and halfway portable
 implementation of the .NET framework developed by Microsoft. However,
 the .NET framework itself is subject to a large amount of
 &lt;a href=&quot;http://swpat.ffii.org/&quot;&gt;software patents&lt;/a&gt;, which cover the
 concepts used within the .NET framework. Since these are concepts and
 not individual implementations (which are covered by Copyright, which
 is certainly untouched by a reimplementation), they most likely also
 apply to the Mono framework.
&lt;/p&gt;
&lt;p&gt;
 To Novell itself, Icazas employer, this is not a significant problem,
 since Novell has
 &lt;a href=&quot;http://www.news.com/Microsoft-makes-Linux-pact-with-Novell/2100-1016_3-6132119.html&quot;&gt;closed
  a patent deal with Microsoft&lt;/a&gt; not so long ago which undoubtedly also covers the
 .NET patents. However, all conventional Linux and Open Source vendors
 would not be able to distribute Gnome as it would be covered by the
 .NET patents Microsoft owns.
&lt;/p&gt;
&lt;p&gt;
 This amounts to an easy way for Novell to effectively lock in Gnome users
 to their own products. Gnome would no longer be a real Free Software
 project, even though the code remains freely available. It is expected
 that this type of patent issues will be raised many times, causing severe
 damage to the economy with the time. The only way of mitigation will be
 a transatlantic patent agreement which clarifies Art. 52 EPC: Software
 is not patentable.&lt;/p&gt;
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      		<pubDate>Fr, 23 Nov 2007 00:37:12 +0100</pubDate>
      		<title>US Aid offering cheap monopolist products to the third world</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/us_aid_offering_cheap_monopolist_products_to_the_third_world</link>
      		<description>
									&lt;p&gt;
 The U.S. Agency for International Development (US Aid) is
 &lt;a href=&quot;http://www.colombopage.com/archive_07/November2201755JR.html&quot;&gt;offering
  cheap access to hardware and training curriculae for Microsoft
  operating systems&lt;/a&gt;.
&lt;/p&gt;
&lt;p&gt;
 The project in question is a US$236'000.- project to unbind the
 «Unlimited Potential» of the industries of Sri Lanka which
 could be enhanced with information technology. It will be executed by
 &lt;em&gt;Info Share&lt;/em&gt;, an NGO which develops IT solutions for NGOs, and
 &lt;em&gt;Unlimited Potential&lt;/em&gt;, a Microsoft welfare organization, whose main
 purpose is to spread Microsoft in the developing world.
&lt;/p&gt;

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      		<pubDate>Fr, 23 Nov 2007 00:35:19 +0100</pubDate>
      		<title>German Police says Good Bye to Microsoft Products</title>
      		<link>http://www.fsfe.org/en/fellows/tonnerre/stdout/german_police_says_good_bye_to_microsoft_products</link>
      		<description>
									&lt;p&gt;
 After the German Bundesrechnungshof has released a paper
 &lt;a href=&quot;http://www.bundesrechnungshof.de/veroeffentlichungen/bemerkungen-jahresberichte/bemerkungen-2007.pdf&quot;&gt;critizising
  the extensive and expensive use of Windows in public services&lt;/a&gt;,
 the German Police Trade Union has demanded that the failed police software
 project &lt;em&gt;POLIKS&lt;/em&gt; shall be discontinued and all installations of
 &lt;a href=&quot;http://news.softpedia.com/news/German-Police-Wants-Linux-71320.shtml&quot;&gt;the
  Windows operating system of Microsoft be replaced with Linux&lt;/a&gt;.
&lt;/p&gt;
&lt;p&gt;
 Issues with the new system had been raised for a long time already. It
 takes half an hour and longer to record a single case, which had been
 done within a couple of minutes using the paper based approach. This half
 hour is of course time that the person reporting the incident will have
 to wait.
 Also, the system has experienced 50 hours of downtime for the year,
 which is a rather low availability rate as opposed to services normally
 offered by Open Source systems.
&lt;/p&gt;
&lt;p&gt;
 The Police Union representatives suggest that the saved license fees
 could be used for the christmas gratifications for the police officers.
&lt;/p&gt;

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