Monday, October 18, 2021

Something Else to Worry About: FHIR and Third-Party Health Apps

Enough all ready... Forget about that! There's always something else
For this new report sponsored by app security company Approov, cybersecurity analyst Alissa Knight checked for vulnerabilities in apps built using the Fast Healthcare Interoperability Resources (FHIR) standard, which was set up to encourage information exchange in healthcare. . .

Third-party health apps are vulnerable to hacks, report finds

When data leaves patient health records, it’s less protected

Ukraine Regime-Change Flipper Victoria Nuland Somehow Showed Up In Moscow Last Week

While we cannot never remember - nor ever conveniently forget - the infamous interception of that "F*#% You EU " phone call that got Yaz installed at the Puppet-President of The Ukraine only to be removed inside their Parliament protecting his own crotch while clutching a bunch of red roses, there are some more suspicious optics as reported in this article with 111 comments
HomeRussia & Former Soviet Union

Strained relations between US & Russia could soon be on mend, Moscow says, despite key meeting with Biden’s envoy breaking down

 
"There are hopes that strained relations between Washington and Moscow could soon take a turn for the better after Russian diplomats said progress had been made in negotiations with American President Joe Biden’s envoy this week.    
On Wednesday, Foreign Ministry spokeswoman Maria Zakharova said the US had “taken stock” of a number of outstanding issues between Russia and the US, and that there was now an understanding of the stickiest issues hindering the countries’ bilateral relations.

Of course, no one expected that some enchanting event would happen,” she said. According to Zakharova, Victoria Nuland, the US undersecretary of state for political affairs, “has no authority to resolve all the outstanding obstacles at once.”

“At the same time, we took stock of problematic issues that need to be solved before we can move forward even in principle,” she told the Zvezda news channel.

“I cannot reveal everything, after all, these are negotiations behind closed doors. The only thing I can say is that there is some progress on some issues. Not a solution to these issues, not a solution to the fundamental problems, but there are some elements of progress,” she claimed, adding that “the most important thing is that, in general, it seems to me, Victoria took with her to Washington a rather long list of those issues that were identified by the Russian side for the need to resolve them as soon as possible.”

Nuland arrived in Russia on Monday to hold three days of discussions with the country’s officials.

Kremlin says US & Russia agree Ukraine must give Donbass special autonomous status as Nuland hails productive meeting in Moscow

Just a day later, negotiations appeared to be floundering, as talks between the US diplomat and Moscow’s deputy foreign minister, Sergey Ryabkov, broke down without achieving much progress.

Following the meeting, Ryabkov argued that the US side was not listening to Russia’s demands, and that tensions between the two nations could even be worsened by the impasse.

“I cannot say that we have made great progress. The topics of visas, the operating conditions of diplomatic missions, the rotation of diplomatic staff, the overall normalization of the activities of Russian foreign missions in the United States and the United States in Russia retain a significant crisis potential, and it cannot be ruled out that some further exacerbations are possible in these areas,” he said.

However, on Wednesday, the negotiations took a turn for the better, with Dmitry Kozak, the Kremlin’s deputy chief of staff, saying that “a thorough and constructive dialogue took place regarding the settlement of the conflict in south-east Ukraine.”

‘The Americans aren’t listening to us,’ Russia says as major Moscow talks between Biden’s envoy and Kremlin’s diplomats break down 

Nuland also described the meeting as “productive” and “useful,” as both sides saw eye-to-eye on the need for Kiev to implement the controversial Minsk agreements to create peace in the region and for Ukraine’s Donbass region to be given special autonomous status.

As the talks began, Ryabkov said Moscow did not want tensions between Russia and the US to escalate further, asking for sanctions and international restrictions to be removed. On the agenda were issues concerning the missions of Russia and the US on each other’s territories, with Ryabkov’s side emphasizing that anti-Russian actions must be addressed, but that the Kremlin does not want to see relations deteriorate further."

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Don't Tread On Trader Joe: Stretching Trademark Infringement Laws Over Selling Parody T-Shirts

Thanks to public interest law firm attorney Paul Alan Levy we get some clarity on a certain case.

About Paul Alan Levy

Attorney with the Public Citizen Litigation Group, a litigating division of Public Citizen, a public interest advocacy group that was founded by Ralph Nader in 1971. Among the issues on which the group litigates are federal health and safety regulation, consumer litigation, open government, union democracy, separation of powers, and the First Amendment. PCLG litigates cases at all levels of the federal and state judiciaries

Timothy Geigner: "The last time we found niche grocery chain Trader Joe's playing intellectual property bully, it was over one enterprising Canadian man who drove across the border, bought a bunch of good stuff from Trader Joe's, and then resold it at his Canadian store called "Pirate Joe's".
While that whole setup is entertaining, Trader Joe's sued for trademark infringement in the United States, which made zero sense.
The store was in Canada, not the States, reselling purchased items is not trademark infringement, and Trader Joe's was free to open up Canadian stores if it chose.
Fast forward to the present and Trader Joe's is trying to stretch trademark law yet again, this time to go after one man's website that is selling parody t-shirts with a picture of Joe Biden and the moniker "Traitor Joe", all mocked up to look like the store logo.
Trader Joe's sent a threat letter to the man, Dan McCall, who was represented by friend of the site Paul Alan Levy.

I recently had the pleasure of representing Dan McCall again — author of such wicked parodies as NSA  

– the Only Part of Government That Actually Listens (we got to sue the NSA for a declaratory judgment of noninfringement);  

-- Ready for Oligarchy (over which we came with hours of filing suit against Hillary Clinton’s exploratory committee); and  

- Bernie Is My Comrade (Sanders’ committee had the smarts to retract quickly). Last week, I sent a response to a demand letter sent on behalf of Trader Joe's from a BigLaw attorney lawyer who, considering his claim to be a "seasoned intellectual property litigator," really should have known better than to subject his client to the Streisand Effect.

You can see the image in question below.

I've included Levy's response embedded below so that you can read it in full.

Now, if McCall sounds at all familiar to you, it's because he's made a habit out of annoying large institutions by creating parody logos of their branding. Hillary Clinton, Bernie Sanders, the NSA, and DHS have all come calling for him at some point.

This is part of the context of Levy's note that competent counsel really should know better than to send this threat letter: McCall and Levy have been through this before and they'll get through it again.

As to the merits of supposed trademark infringement, well, the response letter does a fairly thorough takedown of any such arguments.

> Levy starts off by pointing out to Trader Joe's that literally nobody is going to think it endorsed or produced this t-shirt. In fact, the company's own threat letter notes how this puts the company in a bad light, so why would it also think the public would think the shirt came from Trader Joe's?

But the real trump card in all of this is that the t-shirt is protected speech as parody.

Trademark law aside, McCall's use of the image to comment on the President of the United States, while playing on the name of a leading grocery store chain, is speech squarely protected by the First Amendment. Consequently, any application of trademark law to quash such uses would be highly suspect. Although McCall's products are sold, their contents are noncommercial speech, which qualifies for full First Amendment protection.

There's a bit more in there, including an odd copyright claim over some of the imagery and the fact that Trader Joe's invoked the DMCA against McCall even though his company, Liberty Maniacs, is not an interactive website allowing user input, but that's more icing on the cake type stuff. What is made clear in all of this is that Trader Joe's has a legal team that is making quite spurious threats that would be highly likely to be defeated in court."

Filed Under: dan mccall, parody, paul levy, t-shirts, trademark, traitor joe's
Companies: trader joe's

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