08 December 2012

Italian Public Prosecutor Says File-Sharing Site Is 'Receiving Stolen Goods'

Sites that share unauthorized copies of various kinds of digital files are hardly news, and neither are attempts to shut them down. But a recent case in Italy breaks fresh ground here

On Techdirt.

European Commission Meeting on Copyright

One of the more extraordinary transformations in the last couple of decades has been copyright's evolution from a rather dry and dusty subject of interest only to a specialised class of lawyers to something that affects everyone every second of their lives online. Indeed, copyright is now arguably among the most important laws around today, and is having a major impact on a wide range of issues - the defeat of ACTA, nominally a treaty about trade, is perhaps the most dramatic example of this.

On Open Enterprise blog.

Indian Village Bans Unmarried Women And Girls From Using Mobile Phones

It's fairly widely accepted that the key digital device in the future will be the mobile phone, not the desktop computer that has had such an impact on Western society for the last few decades. That's partly a question of cost -- if devices are to reach even the poorest in emerging economies, they must be very cheap. But there are also other factors, such as the mobile phone's small size and portability; its rugged design and ability to cope with intermittent power supplies; and the built-in Net connectivity that more or less comes as standard. 

On Techdirt.

Batting on a Sticky WCIT, Defending Openness

As I mentioned a few months back, the ITU's World Conference on International Telecommunications (WCIT-12) starts today in Dubai. Here's its current self-description:

On Open Enterprise blog.

ITU Approves Deep Packet Inspection Standard Behind Closed Doors, Ignores Huge Privacy Implications

Techdirt has run a number of articles about the ITU's World Conference on International Telecommunications (WCIT) currently taking place in Dubai. One of the concerns is that decisions taken there may make the Internet less a medium that can be used to enhance personal freedom than a tool for state surveillance and oppression. 

On Techdirt.

The Pirate Bay's Perfectly Legal 'The Promo Bay' Blocked By UK ISPs

Last week Techdirt wrote about the perverse attitude of the UK recording industry, which seems obsessed with "stamping out piracy" rather than making more money. Here's a story from TorrentFreak that looks to be another example of attacking first and thinking afterwards

On Techdirt.

Another Problem with Copyright; How to Fix It

Anyone who has been reading this blog for a while will be well aware of some of the key problems with copyright in the Internet age. For example, the desire to stop people sharing unauthorised digital files online has led to more and more extreme legislation, culminating in the recent ACTA and TPP. In fact, it is impossible to stop people sharing such files unless you institute total surveillance to check on everything that is uploaded and downloaded. By an interesting coincidence, that is precisely where we are heading thanks to legislation like the Draft Communications Data Bill...

On Open Enterprise blog.

UK Recording Industry Doesn't Want Google To Reduce Piracy Until It Reduces Piracy

Techdirt has written before about the self-destructive vindictiveness of the copyright industries, which would rather die in a futile attempt to stamp out piracy than embrace new ways of making money that will help to reduce piracy anyway. Here's another example of this blinkered approach from the UK, pointed out to us by Techdirt user Zakida

On Techdirt.

Outdated European Copyright Levy System Descends Further Into Disarray

A couple of months ago, Ben Zevenbergen explained how the Dutch Supreme Court was finding it difficult to reconcile different aspects of Europe's copyright rules. At the heart of the problem is the copyright levy system, effectively a tax on blank media that is supposed to compensate copyright holders for a supposed "loss" from copies made for personal use. 

On Techdirt.

German Chancellor Says Only Print Media Can Teach You 'Real' Reading

Angela Merkel may be Germany's Chancellor, and therefore a busy woman, but since she trained as a chemist, you might expect her to have a more positive view about new technology than this statement from a recent interview (original video in German), reported by the Netzpolitik blog, would suggest: 

On Techdirt.

Iran's Latest Move To Stifle Dissent: Requiring ID Cards To Go Online

For a while, Techdirt has been tracking Iran's continuing efforts to throttle its citizens' access to troublesome materials online. These have included blocking all audio and video files, and even shutting down Gmail, albeit temporarily. But stopping people accessing sites in this way is not the only approach. Here's another, from a report by Der Spiegel (original in German): 

On Techdirt.

German Court Holds Internet User Responsible For Passing On Unknown, Encrypted File

A natural response to the increasingly harsh enforcement of laws against unauthorized sharing of copyright files is to move to encrypted connections. It seems like a perfect solution: nobody can eavesdrop, and so nobody can find out what you are sharing. But as TorrentFreak reports, a German court has just dealt a blow to this approach

On Techdirt.

How Do You Say 'Twitter Joke Trial' In Chinese?

Techdirt wrote about how the UK's Twitter Joke conviction dragged its slow way through the various appeals before finally being resolved with the defendant's acquittal. As you will recall, the issue was somebody making an ill-advised joke about blowing up an airport if he couldn't fly out of it: 

On Techdirt.

As Feared, Brazil's 'Anti-ACTA' Marco Civil Killed Off By Lobbyists

A couple of weeks ago, we worried that Brazil's innovative "Marco Civil", a civil-rights based framework for the Internet, was being gradually subverted as it passed through the legislative process. Sadly, it looks like that subtle attack has been taken to its logical conclusion, as Rick Falkvinge reports: 

On Techdirt.

Gathering Evidence for a Fact-Based Copyright Policy

As I noted at the time, perhaps the most revolutionary aspect of the Hargreaves Review of copyright in the digital age was simply the idea that copyright policy should be based on evidence. Of course, the fact that until now it has been determined purely by dogma, and drawing on bogus statistics put out by the copyright industries, is incredibly damning. 

On Open Enterprise blog.

Wearing V For Vendetta Guy Fawkes Masks Declared Illegal In Dubai

The evolution of the V for Vendetta Guy Fawkes mask from a clever element in a comic book and film to a meme and a global symbol of online and offline resistance has been quite remarkable. A highlight of that trend was earlier this year when MPs in the Polish parliament donned the masks in protest against ACTA, spurred on by massive street demonstrations against the treaty that had recently been held across Poland. 

On Techdirt.

Munich Shows How Open Source Saves Big Money

Recently I've written about several moves towards mandating openness in various ways - in the UK, Spain and Portugal. That's all well and good, but what people want to know is whether moving to open solutions brings benefits - in particular, whether it saves money. Fortunately, we have a long-running experiment being carried out by the city of Munich that provides us with some hard data.

On Open Enterprise blog.

Early-Morning Raid Sent To Confiscate 9-Year-Old's Winnie The Pooh Laptop For Downloading Music

One of the biggest problems with the current approach to dealing with alleged copyright infringement is the totally disproportionate nature of the action undertaken in response to it. The "three strikes" collective punishment of households that is available in France, New Zealand and South Korea is one example of this. From Finland, we learn about another completely over-the-top action

On Techdirt.

Portugal Moves Forward on Open Standards

A couple of weeks ago, I was reviewing Spain's move to open standards. The good news is that elsewhere on the Iberian peninsular, Portugal, too, is doing great work in this area.

On Open Enterprise blog.

Supplying The Missing Ingredient In Evidence-Based Policymaking: Evidence

It seems extraordinary that in the area of copyright it is only recently that people have started to consider the evidence before formulating policy. Even now, there is still resistance to this idea in some quarters. Elsewhere, though, there is a growing recognition that policy-makers must have access to the data they need when considering how to achieve given goals. 

On Techdirt.

How Open Data Can Save Money - and Lives

Yesterday I was writing about open access and open data in the context of the EU's Horizon 2020 initiative. Closer to home, I came across a wonderful real-life example of how open data can almost certainly save not just money, but lives.

On Open Enterprise blog.

Why Was It Poland That Led The European Revolt Against ACTA?

In retrospect, it is now clear that the pivotal moment in the campaign against ACTA was last January, when thousands of people took to the streets in Poland despite the sub-zero temperatures there. A few weeks later, similar protests took place across the continent, especially in Eastern Europe, which then influenced politicians at all levels, culminating in the rejection of ACTA by the European Parliament on July 4. 

On Techdirt.

Horizon 2020: Defending Open Access and Open Data



At the end of last year, I wrote about the important Horizon 2020 initiative. Here's how it describes itself:

On Open Enterprise blog.

Stuxnet's Infection Of Chevron Shows Why 'Weaponized' Malware Is A Bad Idea

The Stuxnet worm that attacked an Iranian nuclear enrichment facility a couple of years ago was exceptional from several viewpoints. It is believed to have been the costliest development effort in malware history, involving dozens of engineers. It also made use of an unprecedented number of zero-day exploits in Microsoft Windows in order to operate. Finally, Stuxnet seems to be the first piece of malware known with reasonable certainty to have been created by the US, probably working closely with Israel. 

On Techdirt.

Copyright Hardliners Adapt 'Copyright Reform' Language; They Just Mean In The Other Direction

Neelie Kroes has emerged as perhaps the most Net-savvy politician in the European Commission, with her repeated calls for a new approach to copyright in Europe that takes cognizance of the shift to a digital world. That's one measure of how mainstream the idea has become. Another is the fact that even copyright hardliners like Michel Barnier, the Commissioner responsible for the Internal Market in Europe, are starting to frame the discussion in a similar way. A recent speech, for example, is entitled "Making European copyright fit for purpose in the age of internet", where he asks whether Europe has found the optimum balance between a number of factors: 

On Techdirt.

A Tale of Two Lock-ins

Yesterday I was reviewing Mozilla's current position in the browser sector and its wider achievements in the Web world. One thing I omitted to mention there was that even if it did nothing more for the rest of its existence - unlikely given its current fecundity - it would still deserve our thanks for what it managed to accomplish in the early years of its life.

On Open Enterprise.

Recording Industry Rep Suggests Parents Should Slap Their Children To Stop Piracy

One of the many problems with the "guilty until proven innocent" approach to tackling unauthorized filesharing is that it's not clear exactly who should get the punishment. For example, in France, we saw someone convicted not for infringement that he had committed, but something his then-wife had done and even admitted. And it's not just spousal activity that is problematic, as TorrentFreak reports in this interesting case from Germany

On Techdirt.

Electronic Versions Of Textbooks Spy On Students As They Read Them

The rapid uptake of ebooks by the public shows that there is a widespread recognition of their advantages. This would be good news for the publishing industry as it faces the transition from analog to digital formats, were it not for the fact that some publishers keep finding new ways of making ebooks less attractive than physical versions. 

On Techdirt.

Mozilla's Big Comeback

Mozilla is now something of a venerable institution in the open source world - the first release of browser code by Netscape took place back in 1998. Even Firefox is eight years old, which seems pretty incredible.

On Open Enterprise blog.

Thailand To Join TPP Negotiations; Access To Medicines Likely To Suffer As A Consequence

Although things have gotten rather quiet on the TPP front, that doesn't mean that the juggernaut has been halted. On the contrary: after Canada and Mexico signed up to join the negotiations under highly unfavorable terms, it now looks like Thailand is about to do the same, as the Bangkok Post reports: 

On Techdirt.

Three Strikes Is Out? UK Judges Rule Internet Ban Is 'Unreasonable', Even For Sex Offenders

Last week, Techdirt wrote about a US teenager being banned from using the Internet until his 21st birthday as punishment for his involvement with some Web site break-ins. That seems incredibly harsh, and as Mike noted, earlier bans have been tossed out on the grounds that they were unreasonable. 

On Techdirt.

Russia Blacklists Cultural Wiki Without Explanation, Site Just Moves To Circumvent Block

Techdirt has been following the worsening censorship situation in Russia for some time. Back in July, the country's parliament passed a new law ostensibly designed to "protect the children". It took only a couple of weeks before it was used to shut down the whole of LiveJournal for part of the country. That was apparently because a neo-Nazi blog had been found among the thousands of others hosted there -- an indication of just how blunt this new instrument of censorship is. 

On Techdirt.

From Open Government to Open Contracting

One of the rationales behind opening up government data is that it provides greater transparency. That's particularly true in the field of procurement: too often in the past it has been hard to find why exactly all that money was spent, and on what. One of the undoubted achievements of the present UK government is to require much of that data to be made freely available for people to inspect, analyse and query.

On Open Enterprise blog.

Spain Too Requires RF for Open Standards

Last week I wrote a piece suggesting that FRAND is dying. It was written in the wake of the major UK decision on open standards, and was mostly based on odd bits of anecdotal evidence. So I was rather pleased to learn from Techrights that Spain made a similar decision some years back, something I missed at the time.

On Open Enterprise blog.

Will Brazil's 'Anti-ACTA' Marco Civil Be Subverted By Copyright Lobbyists At The Last Moment?

Just over a year ago Techdirt wrote about Brazil's Marco Civil -- essentially a civil-rights based framework for the Internet. At the time, we dubbed it an "anti-ACTA", since it seemed to protect many of the things that ACTA sought to attack. It all seemed a little too good to be true, and the post concluded by questioning whether it would survive in its present form. 

On Techdirt.

11 November 2012

Linux Foundation's Jim Zemlin on the New Lock-in

Last year, I interviewed the head of the Linux Foundation, Jim Zemlin, about his own career, and about his organisation. That interview took place at the first European LinuxCon, which was held in Prague. This year, it took place in Barcelona, and I took the opportunity to catch up with Zemlin on what had happened in the intervening time (disclosure: the Linux Foundation paid for my travelling and accommodation while I was there.)

On Open Enterprise blog.

Australian Government Announces That It Is Dropping Mandatory ISP Filtering...But Still Wants Filtering

Techdirt has been writing about Australia's plans to join the online censorship club for almost three years. Now, in a surprise move pointed out to us on Twitter by @Asher_Wolf, the Australian government has announced that it is dropping the plans -- sort of: 

On Techdirt.

Is FRAND Dying?

Last week's big announcement by the UK government was principally about procurement, detailing the new rules that will apply when government departments acquire software. Naturally, then, it concentrated on the details of that approach, and how it would be deployed and enforced. A key part of that was using open standards to create a level playing field for all companies, regardless of whether they offered open source or proprietary code. 

On Open Enterprise blog.

The Irresistible Rise of Android

In the wake of the news that Android sales now represent around 75% of the global smartphone market during the most recent quarter, there's still some surprise that this has happened. After all, this was a sector that Apple absolutely dominated just a few years ago. Some find it hard to understand how Android has pulled this off in just five years.

On Open Enterprise blog.

German Company Wants To Protect Its Use Of The '@' Sign: What Could Possibly Go Wrong?

A little while back, Techdirt wrote about a rather brave French company that tried to trademark the Anonymous logo. Now Der Spiegel is reporting that someone wants a German "wordmark" on the "@" sign (original in German). The company involved has the rather unusual name "@ T.E.L.L.", where the initials apparently stand for "Tradinghouse for Exclusive Luxury Labels". Although it's not really clear what the connection is, it is seeking to protect its use of the @-symbol for various classes of luxury goods (application in German), including the following: 

On Techdirt.

Any Hint Of Evidence Based Copyright In The UK Seen As Nefarous Plot By Parliamentary Copyright Maximalists

The laws governing intellectual monopolies in the UK are in a state of flux at the moment. After the previous government in its dying hours rammed through the shoddy piece of work known as the Digital Economy Act, the present coalition government took a more rational approach by commissioning the Hargreaves Review into the impact of digital technologies on this area. One of its key proposals was that policy should be based on evidence, not "lobbynomics"; the fact that this even needs to be mentioned says much about the way laws have been framed until now. 

On Techdirt.

Forget Patents: Why Open Source Licensing Concepts May Lead To Biotech Innovation

One of the main forces driving the move to open access is the idea that if the public has already paid for research through taxation or philanthropy, then it's not reasonable to ask people to pay again in order to read the papers that are published as a result. The strength of this argument is probably why, in part, open access continues to gain wider acceptance around the world. 

On Techdirt.

Finally: UK Open Standards are RF, not FRAND

In a huge win for open standards, open source and the public, the long-awaited UK government definition of open standards has come down firmly on the side of RF, not FRAND. The UK government's approach is enshrined in an important new document defining what it calls Open Standards Principles. Annex 1 provides definitions and a glossary, including the following crucial definition of what is required for a standard to be considered open:

On Open Enterprise blog.

How Crowdsourcing Can Solve Otherwise Intractable Real-World Problems

Although crowdsourcing is all the rage at the moment, there has to be a worry that this is just the latest fad in the world of technology, and will soon follow portals and the blink tag into justified oblivion. Occasionally, though, an application of crowdsourcing appears that seems to address a real problem in a way that would be otherwise intractable. 

On Techdirt.

How To Use One Superfan To Spread The Word To Millions

Techdirt has been a great believer in connecting with fans and giving them a reason to buy for many years, but it's always interesting to see people come up with new variations on this theme. Here's the idea in an extreme form, from a couple months ago: sharing a new album stream with just one "superfan" who then spread the word with dramatic results

On Techdirt.

Open Source Outlook in UK Government still Cloudy?

I've been noting "hopeful" moves towards the wider use of open source by the UK government for so long that I daren't do it again. But the following is certainly worth mentioning:

On Open Enterprise blog.

From Open Source to Crowdfunding

One of the premises of this blog is that the success and methodology of open source are not one-offs, but part of a larger move towards open, collaborative activity. Thus, by observing what open source does well - and not so well - lessons can be learned that can be applied in quite different fields.

On Open Enterprise blog.

How A Drone Might Save Your Life

There is a natural tendency to accentuate the negative when it comes to drones -- concentrating on how these "spies the sky" represent a threat to privacy and civil liberties. But as Techdirt has reported before, there are other applications that many might find not just acceptable but welcome. And that's not surprising: like the Internet, drones are just a neutral tool, and as such can be deployed for both good and bad purposes. 

On Techdirt.

Give Your Views on Europe's Digital Future

As you may have gathered, I'm a big fan of consultations: if they are asking us what we think, we really ought not pass up the chance of telling them. Sometime those consultations concern extremely specific and urgent matters, like surveillance or net neutrality, and sometimes they are more general. Here's an example of the latter:

On Open Enterprise blog.

Bulgarian Banks Try To Silence Web Site That Called Them 'Bad Apples'

Whatever your views on the value of Wikileaks, one of its useful side-effects has been the appearance of other sites that have tried to do a similar job of calling the powerful to account using leaked information, but at a more local level. One of the most successful of these is BalkanLeaks, created by the Bulgarian investigative journalists Atanas Tchobanov and Assen Yordanov. In fact, it's been rather too successful for some, and is now on the receiving end of some legal threats, as a column in Forbes explains: 

On Techdirt.