Taking the two precedents cited by Ancestry.com in their motion of dismissal, it seems their platform is that neither natural phenomena nor abstract ideas are patentable unless there is a new, additional, inventive concept involved. Maybe we'll end up with the "do it on a computer" argument, and the "DNA is DNA" argument.
This week, Ancestry.com responded to the lawsuit from 23andMe by filing a motion to dismiss with a California federal court. The filing indicated the 23andMe patent consisted of "abstract and non-inventive steps" of collecting two DNA samples and then comparing them to find a correlation based on phenomena that occur naturally. The U.S. Patent in play is number 8,463,554, titled "Finding Relatives in a Database," issued 11 June 2013.
The lawsuit was filed May 12 by 23andMe demanding, among other things, payment for damages and invalidation of the "Ancestry" trademark. An article at Law360 said, in part:
The European Parliament will now be able, in an open debate, to improve the text and defend freedom of expression ahead of the next elections.
—Diego Naranjo, Senior Policy Advisor at EDRi
I wrote recently about the sea of criticism mounting against the Orwellian proposal by the EU for a "Directive on Copyright in the Digital Single Market" (see "Will the Proposed EU Copyright Directive Irrevocably Damage the Internet?" and "Controversial Copyright Proposal Passes First Step in European Union Parliament"). Yesterday, July 5, Members of the European Parliament (MEP) voted by a slim margin of 318-278 to remove from its Committee on Legal Affairs (JURI) the mandate to negotiate with the EU Council the proposed copyright directive as it is currently written.
In a plenary vote yesterday, 20 June 2018, the Legal Affairs Committee (JURI) of the European Union Parliament voted for a proposed copyright directive as presented, which includes measures to monitor, filter, and control—if not outright censor—uploads to the Worldwide Web. In an article titled "Will the Proposed EU Copyright Directive Irrevocably Damage the Internet?" I commented a few days ago on the highly controversial proposal for a "Directive on Copyright in the Digital Single Market," EU Interinstitutional File: 2016/0280 (COD).
Considering the number of voices raised in opposition to the proposal, it is surprising to many that the current text passed without further alteration or amendment. In particular, Chapter 2, Article 13 (pages 56 through 60 of the 66-page proposal) is drawing dire warnings from many open-information notables. In essence, it will require that that providers of web services be responsible and liable for pre-screening everything people post online to make certain none of it potentially infringes on copyrighted material.
There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions.
—the United States Copyright Office
Just as we were all getting over the serious and painful surgery on May 25 that was enactment of the GDPR (General Data Protection Regulation), we have a new issue on the immediate horizon. Just three days from now, June 20-21, at the European Parliament meeting in Brussels, up for an initial vote on plenary approval is the controversial "Directive on Copyright in the Digital Single Market," EU Interinstitutional File: 2016/0280 (COD).
In particular, Chapter 2, Article 13 (pages 56 through 60 of the 66-page proposal) is drawing not only ire, but some dire warnings
To recap: About 9:00 p.m. EST on June 4, MyHeritage announced that a data breach of their systems had been discovered that affects 92.3 million accounts, users who had registered at MyHeritage up to and including the date of the breach, 26 October 2017.
About 9:00 p.m. EST on June 4, MyHeritage announced that a data breach of their systems had been discovered that affects 92.3 million accounts, users who had registered at MyHeritage up to and including the date of the breach, 26 October 2017. Approximately eight hours earlier, an independent security researcher notified the company that he had discovered a file "on a private server outside of MyHeritage" that contained the email addresses and so-called "hashed" passwords of these accounts.
Staggering to comprehend, but the company has stated that "other websites and services owned and operated by MyHeritage, such as Geni.com and Legacy Family Tree, have not been affected by the incident." Further information shows that they have added about 4 million new accounts since the breach
The popular online service for autosomal DNA matching and comparison, GEDmatch.com, has been facing not just pressure from the impending GDPR regulations, but also an unfortunate media backlash.
Interest in and concern about the European Union's General Data Protection Regulation (GDPR), taking effect May 25, has rapidly escalated over the past several weeks, even for U.S.-based organizations, commercial or not. Small genealogy organizations and websites are feeling the pressure, so much so that some, notably Ysearch.org, Mitosearch.org, and WorldFamilies.net, are closing permanently.
The popular online service for autosomal DNA matching and comparison, GEDmatch.com, has been facing not just pressure from the impending GDPR regulations, but also an unfortunate media backlash over how law enforcement are using the tools to focus on investigating cold-case violent crimes. The now month-long media blitz began April 27 when Paul Holes, a retired investigator with the Contra Costa County District Attorney's Office,
Marketing ethnicity/admixture as the primary reason to take an autosomal DNA test is, frankly, a bit disingenuous at best; at worst, it might be interpreted by some as deceptive.
Q: My AncestryDNA test results came back, and they don't make much sense compared to our family history. My mother's father was Italian. His grandfather came to America from Italy, but I'm not showing anything at all that looks like that side of the family in my results. Should I take another test at a different company?
A: Thanks for the question. You're touching on a matter that is of concern to me, one that I believe is the primary downside to the marketing tack that AncestryDNA employed, that all others had to follow or see their market shares get eaten alive, and for which serious genealogists are paying the price. Marketing ethnicity/admixture as the primary reason to take an autosomal DNA test is, frankly, a bit disingenuous at best; at worst, it might be interpreted by some as deceptive. The whole "traded my lederhosen for a kilt" nonsense.
Q: I've been in touch with a gentleman who says that he is related to my deceased father's family line. His family tree shows this—six generations back—but on GEDmatch he doesn't match me, my two siblings, or two known 1st cousins. He told me that DNA will skip a generation, and insists that if I don't match him I'll probably match his son, whose test results, autosomal and Y-chromosome, are pending. I have no male immediate family members to test the Y-chromosome. I know we don't all get the same DNA from our ancestors, but aren't we limited to the DNA of our parents? Nothing new could show up in his son that he doesn't have but that his father, the son's grandfather, did, correct?
A: Assuming the gentleman and his wife aren't related—e.g., their great-grandparents were a case of two brothers marrying two sisters, making them double 2nd cousins and allowing differing autosomal DNA segments to pass down from both lines—you are absolutely correct. Without pedigree collapse in our trees, and relatively recently generationally speaking, there should be no surprises in the son's results. I'm going to digress a moment before addressing the skip-a-generation thing.
On 3 May 2018, seven weeks after this article was first published, Dr. Bryan Sykes announced that Oxford Ancestors would not be closing as had been previously communicated. He posted the following to the company's website:
I have just received some very good news. Our labs at the University, which were threatened with closure for up to a year from July 2018 owing to redevelopment of the Science Area, have now been reprieved. In light of this I am very pleased to announce that Oxford Ancestors will remain open for business as usual.
I wish Oxford Ancestors new life and continued success. EW
Large-scale DNA studies focusing on Ireland are seeming to appear almost back-to-back. Last December in Scientific Reports, Gilbert, O'Reilly, Merrigan, et al. published "The Irish DNA Atlas: Revealing Fine-Scale Population Structure and History within Ireland." From that abstract:
The extent of population structure within Ireland is largely unknown, as is the impact of historical migrations. Here we illustrate fine-scale genetic structure across Ireland that follows geographic boundaries and present evidence of admixture events into Ireland.
Less than two months later, we had a new peer-reviewed article published by Ross Byrne, Rui Martiniano, Lara Cassidy, Matthew Carrigan, Garrett Hellenthal, Orla Hardiman, Daniel G. Bradley, and Russell L. McLaughlin in PLOS Genetics: http://journals.plos.org/plosgenetics/article?id=10.1371/journal.pgen.1007152.
Titled "Insular Celtic Population Structure and Genomic Footprints of Migration," this study used haplotype-based fineSTRUCTURE
MyHeritage made a big splash at RootsTech last week highlighting its new chromosome browser which initial reports indicate is nicely constructed, robust, and includes a true triangulation feature. The debut of the browser was in conjunction with the announcement of major improvements in the MyHeritage matching procedures and algorithms.
The announcements came not at RootsTech—which wrapped-up last Saturday in Salt Lake City—but a few weeks earlier on the MyHeritage Blog. It was at the massive RootsTech though, this year estimated to have had over 14,200 paid attendees, where attention on MyHeritage became front and center.
Anyone who took a MyHeritage DNA test, and anyone who uploaded DNA data from another service, will now receive more accurate DNA Matches; more plentiful matches (about 10x more); fewer false positives; more specific and more accurate relationship estimates; and indications on lower confidence DNA Matches to help focus research efforts.
—MyHeritage Blog, 11 January 2018