19 September 2013

University Of California's Latest Plan: Privatize Knowledge, Take Out Lots Of Patents -- Profit!

At the end of last year, we wrote about an extraordinary attempt by the University of California (UC) to resuscitate the infamous "Eolas" patents that were thrown out earlier by a jury in East Texas. Clearly, the University of California likes patents, and the way that they can be used to extract money from people with very little effort. In fact, it likes them so much it is trying to privatize research produced by taxpayer-funded laboratories so that even more patents can be taken out on the work, and even more money obtained through licensing them. The background to this new approach, implemented via a new entity provisionally entitled "Newco", is described in a fantastic feature by Darwin BondGraham that appears in East Bay Express: 

On Techdirt.

UK Police Routinely Spy On 9000 'Domestic Terrorists' Very Loosely Defined

In the wake of the news that spies at GCHQ -- the UK equivalent of the NSA -- have been tapping into every fiber optic cable that comes into and goes out of the country, downloading and storing phone calls and Internet traffic for up to 30 days, you might think the British authorities have enough information at their disposal, without needing to turn to other sources. But it seems not, according to the latest revelations in The Guardian

On Techdirt.

Saudi Arabia Starts Clamping Down On Encrypted VoIP Services; US And UK Strangely Silent On The Moves

Earlier this month, the messaging service Viber was blocked in Saudi Arabia. This was not entirely unexpected, since the authorities had been trying to come to grips with the service and its ability to encrypt messages for a while according to Viber's founder, as a BBC News report explains: 

On Techdirt

Clueless Spanish Politicians Want To Join The Government Malware Club

As we've noted before, when it comes to the Internet, governments around the world have an unfortunate habit of copying each other's worst ideas. Thus the punitive three-strikes approach based on accusations, not proof, was pioneered by France, and then spread to the UK, South Korea, New Zealand and finally the US (where, naturally, it became the bigger and better "six strikes" scheme). France appears to be about to abandon this unworkable and ineffective approach, leaving other countries to deal with all the problems it has since discovered. 

On Techdirt.

SOPA Didn't Die, It Just Emigrated

It's hard to believe that the heady times that saw SOPA's rise and fall are only a year and a half ago. Of course, SOPA didn't die, but was merely "delayed". But if you've ever wondered what happened to it, wonder no more; it emigrated to Russia, as TorrentFreak reports: 

On Techdirt.

Australia Drops Snooping Plans -- For Now

Last year, we reported on Australia's plans to bring in comprehensive snooping on its citizens, and more recently how its spies had realized that encrypted services offered an easy way to avoid much of that surveillance. Reuters is now reporting that Australia has put its spying plans on hold -- for the moment: 

On Techdirt.

How Much Would It Cost To Store All US Phone Calls Made In A Year?

An early criticism of Snowden's leak about NSA spying activity was that the $20 million annual cost for PRISM -- whatever that turns out to be -- was simply too low to be credible. One person who knows more about storage costs than practically anyone -- well, outside the NSA, at least -- is Brewster Kahle, who set up the Internet Archive, essentially a backup for the entire Web plus a wonderfully rich store of many other materials. He's carried out a fascinating back-of-the envelope calculation of how much it would cost annually to record every phone call made in the US and store it in the cloud

On Techdirt.

Copyright Exceptions Gaining Ground Around The World -- But Not For The Blind

There finally seems to be a growing recognition in many countries that copyright is not fit for the digital age. In the US, the Copyright Registrar has spoken on this; in the UK, the Hargreaves Review delineated many problems; and more recently, Australia, too, is starting to address the question. As part of the process of implementing Hargreaves' recommendations, the UK government is carrying out a consultation on whether the UK should adopt the full list of copyright exceptions that are laid out in the EU Copyright Directive, which provides the overarching framework for copyright in Europe. It has now published some questionnaires seeking input in this area

On Techdirt.

Latest Stupid DRM Idea: Ebooks With Corrupted Texts That Vary By Customer

It is extraordinary how companies have failed to grasp three basic facts about DRM: that DRM only needs to be broken once, and it is broken everywhere, thanks to the Internet; that DRM is always broken at least once; and that once DRM is broken, anything still with that DRM is effectively worth less than zero -- since copies freely available online never have DRM. Despite these inconvenient truths, copyright companies continue to hope that there is some magic technology that will "protect" them from the pirates. Here's the latest forlorn attempt to do that, as reported by paidContent: 

On Techdirt.

Germany's Spies Have NSA Envy: Currently Working To Build Their Own Comprehensive Snooping System

One unfortunate knock-on effect of the revelations about the extent of NSA information gathering seems to be that the spies in other countries are starting to feel under-informed by comparison. Of course, many of them already knew about what was going on: in addition to the British and the Dutch, there are now reports that Germany was also kept informed at the highest levels (original in German.) That would probably explain the revelation by the news magazine Der Spiegel that Germany has been trying to beef up its own snooping capabilities for a while

On Techdirt.

Sweden Makes It Illegal To Take Photos In 'Private Environments' Without Permission

Here on Techdirt we've had stories about how the ubiquity of digital cameras is changing the way we look at public events and art. But as has also become clear, the ability to take photos of more or less everything we see brings with it certain problems -- especially if what we see are police. So it was perhaps inevitable that the politicians would start to get involved, in order to "solve" some of those problems. Here's a rather extreme example from Sweden, as reported by TechHive: 

On Techdirt.

Warning Letters Under UK's Three Strikes Plan Unlikely To Be Sent Out Before 2016 -- If Ever

Techdirt readers may recall that over three years ago, the UK's Digital Economy Act was passed in totally disgraceful circumstances. Since then, almost nothing has been heard about it, as British civil servants grapple with the fact that this poorly-drafted law is almost impossible to implement in any sensible way. If you were wondering what is going on behind the scenes, James Firth has put together a fascinating post piecing together the information that he was able to glean. The main point is that the UK's "three-strike" warning letters won't be going out for years

On Techdirt.

WIPO: Informal Economy Innovates In The Absence Of Intellectual Monopolies

One of the problems with the debates around copyright and patents is that they too often assume that intellectual monopolies are necessary in order to promote innovation or even basic economic activity. But that overlooks all kinds of domains where that's not true. In the field of technology, free software and the other open movements based on sharing are familiar examples of this kind of thing. Less well known so are the so-called "informal economies" found in many parts of the world. 

On Techdirt.

GCHQ Revelations Destroy Case for Snooper's Charter

So the revelations from Edward Snowden keep on coming, exposing ever-more profound attacks on privacy and democracy in the UK and elsewhere. News that GCHQ is essentially downloading, storing and searching through the entire flow of Internet traffic that comes into and goes out of the UK without any specific warrant to do so is one side of that. That seems to be taking place through an extremely generous interpretation of the out-of-date RIPA law that is supposed to bring some level of accountability to just this sort of thing. The fact that it doesn't shows that we must reform RIPA and make it fit for the Internet age.

On Open Enterprise blog.

Please Help Overturn EU Data Retention Directive

The last couple of weeks have been full of the revelations about NSA spying on a massive scale. What has been slightly disconcerting is that the agency and its defenders have essentially tried to argue that the spying doesn't matter because it's only aimed at "foreigners". But that's us: which means that we are the target of this spying, even if others get caught up in it too. 

On Open Enterprise blog.

How Can Any Company Ever Trust Microsoft Again?

Irrespective of the details of the current revelations about US spying being provided by Edward Snowden in the Guardian, there is already a huge collateral benefit. On the one hand, the US government is falling over itself to deny some of the allegations by offering its own version of the story. That for the first time gives us official details about programmes that before we only knew through leaks and rumours, if at all. Moreover, the unseemly haste and constantly-shifting story from the US authorities is confirmation, if anyone still needed it, that what Snowden is revealing is important - you don't kick up such a fuss over nothing.

On Open Enterprise blog.

Digital Economy Act Lurches On; Public Still Shut Out

Remember the Digital Economy Act, surely one of the most disgraceful episodes in recent British political history? It was "passed" back 2010 - I use inverted commas, since it was actually rammed through an almost empty House of Commons in the guttering hours of the previous government, with no scrutiny, riding roughshod over all those pointing out it was both unjust and unworkable.

On Open Enterprise blog.

How Does Prism Change the Way We See Things?

The extraordinary revelations about the NSA's global spying programme Prism have only just started - was it really just last Thursday that things began? So it would be extremely rash to attempt any kind of definitive statement about what is going on. But that doesn't preclude a few preliminary comments, as well as initial thoughts on what action those of us in Europe might take in response.
 
On Open Enterprise blog.

What's the Net Net on Neelie Kroes's EU Net Neutrality?

It's been a while since I wrote about net neutrality, but of course it's never gone away as an important theme. Indeed, it was inevitable that it would start to rear its ugly head again, since so many powerful companies have vested interests in destroying it. For example, in Germany the telecom giant Deutsch Telekom (DT) has already made a move to kill net neutrality by giving preference to its own IPTV platform. This has led to a heated debate about net neutrality in that country (for those who read German, the site hilf-telekom.de offers some hilarious satire of DT on the subject.)

On Open Enterprise blog.

Meeting Mr Firefox: Johnathan Nightingale

Mozilla and its central Firefox project are themes that I have returned to often on this blog. That's not so surprising: Mozilla is one of the oldest free software projects, starting back in 1998 when Netscape stunned the world by announcing that it would open up its key product, Netscape Navigator. 

On Open Enterprise blog.

Open Sourcing the UK's Operating System

"Law is the operating system of our society ... So show me the manual!" Not alas, my witty words, but those found on the site Public.Resource.Org, run by the redoubtable Carl Malamud. The basic idea is simple: that laws can only be obeyed if they are truly public, which means freely available, not hidden behind paywalls. After all, how can the phrase "ignorance of the law is no excuse" have any validity when key documents are only available to those with pockets deep enough to afford them?And not just laws: we need case law and associated government regulations too.

On Open Enterprise blog.

BSA Study Demonstrates Open Source's Economic Advantage

I love the spring. Not, of course, because of the glorious weather, since we don't have any. But because it's time for the annual BSA report on piracy, which is guaranteed to provide me with hours of innocent fun as I go through finding its methodological errors and dodgy data.

On Open Enterprise blog.

Another Reason Why Open Source Wins: Fairness

I've written a number of posts looking at less-familiar advantages of open source over closed source, and here's another one. Proprietary systems can't be forked, which means that it's not possible to change the underlying ethos, for example by tweaking the software or using code on a different platform. But you can with open source, as this interesting example shows.

On Open Enterprise blog.

EU Vote on Clinical Trials Data - Please Contact MEPs Now

I've written a few times about open data in the context of clinical trials - the information that must be provided when new drugs seek approval. As I noted, there is a growing movement to make such basic safety data freely available, the idea being that it could then be analysed by third parties, perhaps finding new applications of drugs, overlooked problems, or even wilful concealing of adverse effects

On Open Enterprise blog.

Is Encryption Effective Against Snooping? German Government Says No, Snowden Says Yes

The revelations of Edward Snowden about the NSA's snooping of citizens both inside and outside the US are posing more questions than they answer at the moment. One key area is whether the use of encryption -- for example for email -- is effective against the techniques and raw power available to the NSA (and equivalents in other countries). That's something that has come up before in the context of the UK's Snooper's Charter. When a top official there was asked whether the proposed surveillance technology would be able to cope with encrypted streams, he replied: "it will." Snowden's claims about massive, global spying makes the issue even more pertinent. 

On Techdirt.

First French File-Sharer Sentenced To Disconnection Under Hadopi; But Judgment May Be Unenforceable

As we've noted before, Hadopi has been a colossal failure on just about every metric, and now seems on the way out. But French taxpayers' money is still being wasted on the scheme, which continues to send out huge numbers of warnings. Ironically, given its imminent demise, Hadopi seems to have finally claimed its first disconnection victim, as PC Inpact reports (original in French.) The person involved has been sentenced to disconnection for 15 days, and must pay a €600 fine. Strangely, it seems that he or she shared only a couple of works, so even that brief period seems harsh. However, there is still scope for an appeal, so the sentence is not yet definite. 

On Techdirt.

Google Proposes Clever Video Codec License -- But The Real Problem With Patent Pools Remains

A couple of years back, Techdirt wrote about Google's laudable attempt to open source its VP8 video codec, based around technologies it had acquired with the On2 company in 2009. That was not simply a matter of releasing the code, though, because of claims by some that VP8 infringed on their patents. MPEG-LA, the private company that manages the H.264 patent pool, even went so far as to put out a call for patents that might cover VP8, which in turn led to the US Justice Department investigating whether the move violated anti-trust law

On Techdirt.

Do Dutch Spies Also Have Access To PRISM's Data? And If So, Who Else Does?

In the wake of the leaks about NSA's spying activities around the world, one of the interesting subsidiary questions is: who else had access to this stuff? We know that the UK did, and now there are indications the Dutch did as well, according to this report on DutchNews.nl: 

On Techdirt.

Is The US Using Prism To Engage In Commercial Espionage Against Germany And Others?

As we noted last week, one of the key claims following the revelations about the Prism program was that it was aimed at those outside the US, and that US citizens were caught up in it only incidentally. A further leak concerned the Boundless Informant analysis tool, one of whose maps showed which regions of the world were subject to most surveillance. Along with obvious hotspots like Iran and Pakistan, Germany too was among those of particular interest, as was the US (whoops.) A story on reason.com offers a clue as to why that might be

On Techdirt.

NSA Spying Revelations Start To Cause Outrage In Europe; China Next?

News that the NSA has unfettered access to most of the leading Internet services inevitably has an international dimension. After all, Microsoft, Yahoo!, Google and the rest of the Naughty Nine all operate around the world, so spying on their users means spying on people everywhere. Indeed, as Mike explained earlier today, the NSA is actually trying to quell criticism by selling this news as something that purely concerns non-Americans (although that's clearly rubbish.) 

On Techdirt.

Australia Sets New Overblocking Record: Aims For One Site, Takes Down 250,000

Overblocking is not a new problem -- over two years ago, Techdirt wrote about an instance where Homeland Security took down 84,000 innocent sites at a stroke -- so you might have thought that those employing this blunt instrument would take a little more care these days. However, things seem to be getting worse, not better. In Australia, the Australian Securities & Investments Commission (ASIC) has just scored a whopper

On Techdirt.

People Begin To Wake Up To Massive Dangers Of Investor-State Dispute Resolution

Techdirt has been writing about investor-state dispute resolution (ISDR) mechanisms in international trade treaties like TPP and TAFTA/TTIP for two main reasons. First, because of the scale involved: ISDR allows companies to sue entire countries for huge sums, alleging loss of future profits. And secondly, because few seem aware of this growing threat to the national sovereignty of many countries around the world. That finally seems to be changing, with a number of articles warning about the dangers of ISDR appearing recently. 

On Techdirt.

June 4th: The Struggle Of Memory Against Forgetting

Today is June 4th, a day pretty much like any other day in most parts of the world. But in China, June 4th has a unique significance because of the events that took place in Tiananmen Square on that day in 1989. This has led the Chinese authorities to introduce a range of increasingly repressive measures designed to minimize the ability of people to find out about what happened then, or to commemorate it, as the International Herald Tribune explains: 

On Techdirt.

Art And Copyright In The Age Of Compulsive Looking

We wrote recently about how the rise of mobile phones with built-in cameras has led to an irresistible urge to record our experiences everywhere with a digital picture. But what happens when those experiences include works of art, which may still be under copyright? That's the interesting question an article in Art News explores

On Techdirt.

Facebook, Google, Microsoft, Twitter And Yahoo Refuse To Cooperate With UK's 'Snooper's Charter'

A month ago, we wrote about how the UK's infamous "Snooper's Charter" had been scuppered by Nick Clegg, the UK's Deputy Prime Minister. The Guardian now reveals that top Internet companies may have played a key role in this decision

On Techdirt.

Australian Spies Want To Hack Tor After Realizing It Routes Around Their Surveillance

One of the key flaws with the data retention schemes being proposed by the UK and elsewhere, supposedly to catch terrorists and serious criminals, is that they won't work. It is trivially easy to avoid surveillance by using encrypted connections, for example those provided by The Onion Router (Tor). This means that the only people who are likely to end up being spied on are innocent members of the public. 

On Techdirt.

EU Mandate For TAFTA Leaked: Includes Investor-State Dispute Resolution For Intellectual Monopolies

One of the concerns about TAFTA/TTIP is that it would repeat the mistakes of ACTA and SOPA as far as intellectual monopolies were concerned. This led to a call by a group of public interest organizations for things like copyright and patents to be excluded from TAFTA (disclosure: I was involved in the drawing up of the text.) Needless to say, no notice was taken of that, and a couple of weeks ago the European Parliament duly passed a resolution on TAFTA that said: 

On Techdirt.

Taiwan's Copyright Proposals Would Combine SOPA With A Dash Of The Great Firewall Of China

You might have hoped that the extensive discussions that took place around SOPA a year or so ago would have warned off governments elsewhere from replicating some of the really bad ideas there, like DNS blocking, but it seems that Taiwan didn't get the message, as Global Voices reports: 

On Techdirt.

Innovators, Public Interest Groups & Open Access Supporters Pull Out Of Talks On EU Copyright In Protest

Back in February we reported on a worrying attempt by the European Commission to reframe the discussion about modernizing copyright in Europe purely in terms of licensing, reflected in the name of the initiative, "Licences for Europe". Although originally a series of discussions were promised to "explore the potential and limits of innovative licensing and technological solutions in making EU copyright law and practice fit for the digital age," in practice moderators shut down discussions of things like exceptions or even Creative Commons licensing. As far as the Commission was concerned, it seemed the answer to updating copyright for the modern age was just old-style licensing and nothing else. 

On Techdirt.

How Long Before A Patent Kills A Hundred Million People?

Recent news that Angelina Jolie underwent a preventive double mastectomy because of her elevated risk of developing breast cancer has drawn attention to the Myriad Genetics case currently before the US Supreme Court, and to the whole area of gene patents. Myriad's monopoly has allowed it to set a high price for its tests -- $3000 -- and this is bound to have acted as a disincentive for those who were unable to afford such a sum. It is therefore quite likely that people have died as a result of Myriad's patents. 

On Techdirt.

18 September 2013

Reading Shakespeare: the Next Act of Open Data

As readers of this blog will have noticed, much of the most innovative work in the field of openness is taking place in open data. One of the largest stores of data is held by government, and the argument for opening it up where possible is strong: after all, we, the public, paid for this data, so it is only right that we, the public, should have access to it. 

On Open Enterprise blog.

Why We Need Open Source: Three Cautionary Tales

Open Enterprise mostly writes about "obvious" applications of open source - situations where money can be saved, or control regained, by shifting from proprietary to open code. That battle is more or less won: free software is widely recognised as inherently superior in practically all situations, as its rapid uptake across many markets demonstrates. But there are also some circumstances where it may not be so obvious that open source is the solution, because it's not always clear what the problem is.

On Open Enterprise blog.

Why are Facebook, IBM, Microsoft and Oracle Backing the Fight *Against* the Blind?

One of the more disgraceful examples of the inherent selfishness of the copyright world is that it has consistently blocked a global treaty that would make it easier for the blind and visually impaired to read books in format like Braille. The thinking seems to be that it's more important to preserve copyright "inviolate" than to alleviate the suffering of hundreds of millions of people around the world. 

On Open Enterprise blog.

The Importance of Being Attributed

A few weeks ago, the Enterprise and Regulatory Reform Act 2013 received Royal Assent. Among its rag-bag of measures are some dealing with the vexed issue of orphan works (or hostage works as they should really be called.) 

On Open Enterprise blog.

Happy 10th Anniversary, Groklaw

One of the amazing things about free software is how it has managed to succeed against all the odds - and against the combined might of some of the world's biggest and most wealthy companies. That shows two things, I think: the power of a simple idea like open collaboration, and how individuals, weak on their own, collectively can achieve miracles.

On Open Enterprise blog.

FRAND Is Broken: Time To Bin It [Updated]

I've written many times about why FRAND licensing is not an option for open source projects, and should therefore be replaced by Royalty/Restriction-Free (RF) terms when it comes to defining open standards to create a level playing field. That's simply a fact arising from the nature of free software licences. But it turns out that FRAND is fundamentally flawed anyway, for reasons the following press release from the European Commission, on its "Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents", makes clear:

On Open Enterprise blog.

US-EU Trade Deal In Trouble Before It Even Starts?

For the last few months, Techdirt has been following the surprisingly rapid embrace on both sides of the Atlantic of the proposed transatlantic free trade agreement, known variously as TAFTA or TTIP. Coming out of nowhere, the agreement is being talked about as if its success and benefits are more or less guaranteed. 

On Techdirt.

How Low Can Drones Go?

As we've pointed out in a few stories, drones aren't necessarily something to worry about. Like any technology, they can be used for good and bad purposes, and shouldn't be dismissed out of hand. But determining where exactly the line between acceptable and unacceptable lies is tricky, as the following story from the Capitol Hill Seattle blog shows: 

On Techdirt.

Why Even Good Hospitals And Doctors Are An Obstacle To Better, Cheaper Healthcare

As we noted in the context of antibiotics, it's well recognized that financial incentives cause the pharmaceutical industry to engage in research that tends to maximize profits rather than maximizing the health of the public. But a widely-circulated article in the Washington Post reveals another kind of bias that may stop us from adopting better ways of keeping people healthy that would also reduce healthcare costs

On Techdirt.

EU Commission Sued For Refusing To Reveal Trade Agreement Documents They Shared With Lobbyists

A recurrent theme here on Techdirt is the lack of transparency when international agreements and treaties are being drawn up. That's increasingly recognized not just as problematic, but simply unacceptable in an age when the Internet makes it easy to provide both access to draft documents and a way for the public to offer comments on them. 

On Techdirt.

Saudi Religious Police: Anyone Using Twitter 'Has Lost This World And His Afterlife'

A couple of days ago Techdirt wrote about how Murong Xuecun, a well-known user of the Chinese microblog Sina Weibo with over a million followers, had his account closed down suddenly. Murong has now written a fine article about the background to what happened: he points out that the deletion of his account looks to be part of a larger clampdown on the use of microblogging services by well-known figures who are critical of the Chinese government. The problem for the latter is that these services are becoming a real channel for free expression and less-than-perfectly-censored information: 

On Techdirt.

Kiwis Want To Spy On All Communications, VPNs, And Be Able To Use Secret Evidence Against You

Although New Zealand's decision not to allow patents for programs "as such" was welcome, other moves there have been more problematic. For example, after it became clear that the New Zealand intelligence service, the Government Communications Security Bureau (GCSB), illegally wiretapped and spied on Kim Dotcom, the New Zealand government announced that it would change the law so as to make it legal in the future to snoop on New Zealanders as well as on foreigners. Judging by a major new bill that has been unveiled, that was just the start of a thoroughgoing plan to put in place the capability to spy on every New Zealander's Internet activity at any moment. Here's an excellent analysis of what the bill proposes, from Thomas Beagle, co-founder of the New Zealand digital rights organization Tech Liberty: 

On Techdirt.

Critic Of Chinese Censorship Censored: Microblog With 1.1 Million Followers Deleted

It will hardly come as a surprise to anyone to learn that a popular writer and well-known critic of China's pervasive censorship system has run into trouble for his views. Fortunately, in this case that doesn't mean getting arrested, but nonetheless involves quite a dramatic slapdown

On Techdirt.

Copyright Holders Will Define Details Of UK's Orphan Works Bill, But Not The Public

The UK's new orphan works legislation allows works to be classed as orphans only after a "diligent search" has been conducted to find the owner. The fear expressed by some is that this "diligent" search won't be very diligent, allowing publishers to use materials that aren't orphans. That's actually wrong for a number of reasons, as Techdirt explained recently, but the continuing furor from photographers in particular has been such that the UK's Intellectual Property Office (IPO) felt compelled to issue a document entitled "The Enterprise and Regulatory Reform Act 2013 –Your photos and you" (pdf) explaining how the system would work, and why the fears were unjustified. 

On Techdirt.

Once Again Top Downloaders Are Top Spenders, According To UK Gov't Study

If there's one clear trend that has emerged in recent years, it's that those who download and share unauthorized copies of files the most also tend to be the most avid purchasers of similar material. This completely negates the copyright industry's rhetoric that people who share files are just a bunch of freeloaders, suggesting instead that it's more a matter of sampling materials before going on to buy. It also implies that instead of seeking to punish such downloaders, the copyright companies should actually try to nurture them as potentially their best customers. 

On Techdirt.

Colombia's Other Copyright Bill: Moving Things In The Right Direction?

If you wanted an indication of just how much copyright has moved on from being a dry and boring topic of interest only to a few specialist lawyers to an exciting area full of surprising twists and turns worthy of a soap opera, you could do worse than look at what's been happening in Colombia recently. 

On Techdirt.

How Investor-State Dispute Resolution Threatens Access To Medicines, And Much Else

A couple of weeks ago, we wrote about the growing importance of investor-state dispute resolution in so-called free trade agreements (FTAs). One of the most troubling aspects is how potentially it can be used to undo the hard-won gains for important areas like access to medicines. The US law professor Brook K. Baker, whose work we discussed last year, has written an excellent exploration of this under-appreciated risk. After an introduction running through the recent wins in the field of access to medicines -- a topic that we've covered extensively here on Techdirt -- he explains how big pharma could employ investor-state dispute resolution to thwart these and similar moves to protect health: 

On Techdirt.

New Zealand To Ban Software Patents 'As Such'; Tries To Pin Down What On Earth That Means

Few patent sagas have been as fraught as New Zealand's attempt to revise its laws to exclude software. Techdirt first wrote about this move in March 2010, and again in June 2010, when it seemed that lobbyists had convinced the New Zealand government to reverse its position and allow software patents. Then, a month after that, word was that software would indeed be unpatentable. Things went quiet for a while, until a new version of the proposed law was unveiled by New Zealand's Commerce Minister Craig Foss, apparently weakening the bill once more: 

On Techdirt.

Indian Government Quietly Brings In Its 'Central Monitoring System': Total Surveillance Of All Telecommunications

There's a worrying trend around the world for governments to extend online surveillance capabilities to encompass all citizens -- often justified with the usual excuse of combatting terrorism and/or child pornography. The latest to join this unhappy club is India, which has put in place what sounds like a massively intrusive system, as this article from The Times of India makes clear: 

On Techdirt.

European Court Puts Release Of Drug Safety Data On Hold

Last month Techdirt wrote about the case of the giant pharma company AbbVie seeking to prevent the European Medicines Agency from releasing basic health safety data that AbbVie claims contains commercially sensitive information. Unfortunately, an interim injunction has just been granted to that effect

On Techdirt.

Open Data, Creative Destruction and Money

Nearly three years ago, I wrote an article exploring why at that time there were no billion-dollar companies (since then, Red Hat has finally broken through this barrier). Here's the key point:

On Open Enterprise blog.

Why the Idea of the Software Patent Does Not Fly

A couple of weeks ago, I wrote a post about the growing threat of software patents in Europe (again). I was delighted to come across this reply from Martin Goetz, who wrote:

On Open Enterprise blog.

EU Consultations: A Modest Proposal

Last week I reported on the reply I received from Jean Bergevin of the European Commission on the subject of the IPRED consultation, and my own response to that. I wondered whether I would receive a reply, suspecting that I might not. I was wrong: not only did a reply turn up, it turned up almost by return of post. Here's what Mr Bergevin wrote:

On Open Enterprise blog.

The Most Dangerous Windows Infection of All

Readers of this blog don't need to be told about Windows' awful security record, or how, when news outlets talk glibly of "viruses", they actually nearly always mean Windows malware. But sometimes there are stories from this weird world that make even seasoned Windows-watchers like me shake my head in disbelief.

On Open Enterprise blog.

Open Source (Seeds) Under Threat

Seeds might seem far from the world of high tech and free software, but they have much in common. Seeds contain DNA, which is a (quaternary) digital code much like a binary program. Just as there is free software that anyone may use and share, there are free seeds - those that are part of the ancient seeds commons, created over thousands of years, available for use by anyone. And just as free software is threatened by software patents, so seeds are equally endangered by seed patents.

On Open Enterprise blog.

Benefit Claimants Must Use Ancient Microsoft Software

Remember the bad old days when the UK government forced people to use Microsoft software in order to interact with it online? Remember how we thought the UK government had finally moved on, recognising that it should use truly open standards allowing citizens the freedom to adopt whatever software they wanted, not least through the fine, open standards-based Gov.uk site? We were wrong, as Tim Jeffries pointed out on Twitter earlier today.

On Open Enterprise blog.

Dutch Law Would Authorize Police To Hack Into Foreign Computers And Phones: What Could Possibly Go Wrong?

When we wrote last year about a Dutch idea to give police there the power to break into computers -- even those located abroad -- we and many others pointed out a number of deep flaws with the plan. Undeterred, the Dutch government seems to be going ahead with the scheme, as Bits of Freedom explains: 

On Techdirt.

Royalty Collection Agency SABAM Sues Belgian ISPs In Pursuit Of Its Fantasy 'Piracy License'

Back in November 2011, we wrote about the Belgian music royalty collection agency SABAM's demand for 3.4% of Internet subscriber fees as "compensation" for online piracy in Belgium. As Tim Cushing explained back then, this was ridiculous on just about every level. But SABAM doesn't let little things like that get in the way of its desperate attempt to avoid moving with the times and coming up with new business models. So after failing dismally to convince Europe's highest court that it could force ISPs to spy on their customers, SABAM has now moved on to suing ISPs instead, as TorrentFreak reports: 

On Techdirt.

Now US And EU Want To Apply Upward Ratchet To TRIPS Itself

Here on Techdirt we often talk about the copyright ratchet -- the fact that for three hundred years changes to copyright have always been in one direction: longer, wider and stronger. But there's a group of countries where the copyright ratchet isn't in place yet. These are the so-called LDCs -- the Least Developed Countries -- where many of the world's poorest citizens live. That's because the main Agreement on Trade Related Aspects of Intellectual Property Rights, better known as TRIPS, explicitly allows LDCs a transitional period of ten years, during which time they are not required to meet all the stringent requirements laid down there for granting intellectual monopolies. Moreover, the TRIPS agreement specifies

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Mozilla Sends Cease And Desist Letter To Commercial Spyware Company For Using Firefox Trademark And Code To Trick Users

Techdirt has written several times about the increasing tendency for governments around the world to turn to malware as a way of spying on people, without really thinking through the risks. One company that is starting to crop up more and more in this context is Gamma International, thanks to its FinFisher suite of spyware products, which includes FinSpy. A recent report by Citizenlab, entitled "For Their Eyes Only: The Commercialization of Digital Spying", has explored this field in some depth. Among its findings is the following: 

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New EU Regulation Threatens Rare Seed Varieties, Agricultural Independence And Food Supply Resilience In Europe

Unless we are farmers, we tend to take seeds for granted. But civilisation is built on seeds: it was the rise of large-scale agriculture, based in part on the skilful breeding of ever-better seeds, that eventually allowed towns and then cities to form; and with them, the trades, arts and sciences that were possible once enough food could be produced by just a fraction of the population. That makes national seed policies -- how governments regulate the production and sale of plant varieties -- a crucial if neglected aspect of our urban lives. 

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Africa's Ancient Plant Diversity And Seed Independence Under Threat, Supposedly In The Name Of Progress

As Africa continues to develop rapidly, Western countries and companies are increasingly interested in bringing it into existing international legal and commercial frameworks, but always on terms that maintain their dominance. One way of doing that is through intellectual monopolies: last year we wrote about proposals for a Pan-Africa Intellectual Property Organization (PAIPO), whose benefits for Africa seem dubious. Meanwhile, here's another plan that is being presented as a vital part of Africa's modernization process, and yet oddly enough seems to benefit giant Western companies most, as AllAfrica reports: 

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Brazil's Marco Civil Not Dead Yet; Yahoo Voices Support

Techdirt has been following the story of Brazil's innovative Marco Civil project, a civil-rights based framework for the Internet, for a while. Last time we wrote about it, it had been shelved following some aggressive work by lobbyists. As we noted then, it wasn't clear whether it would be resuscitated or not, but here's Kuek Yu-Chuang, Yahoo!'s Regional Public Policy Director, who seems to think it still stands a chance of being approved

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