O Hypocrisy, Thy Name is Sony

Do as I say, not as I do, seems to be the case with Sony:

PointDev, un éditeur français, attaque la maison de disques en justice pour avoir utilisé sans licence un de ses outils d'administration : Ideal Migration.

[PointDev, a French software publisher, is taking the record company to court for having used one of its administration tools, Ideal Migration, without a licence.]

Well let's hope these scurvy Sony dogs feel the full force of the law. (Via Planet Creative Commons.)

Open Enterprise Interview: Stefane Fermigier

On Open Enterprise blog.

Freeing French Growth with Free Software

Amongst many other things, one matter that they order better in France is the production of government reports with a grand sweep. One was published a couple of days ago, with the self-explanatory title Rapport de la Commission pour la libération de la croissance française.

Well, anything that talks about "libération" obviously makes my one-track mind think of free software, and I wasn't disappointed, since one of the report's proposals is about precisely that:

Promouvoir la concurrence entre logiciels propriétaires et logiciels « libres ».

Le patrimoine d’applications dites « libres » ou « open source », créées par une communauté active, représente l’équivalent de 131 000 années/hommes, dont pratiquement la moitié provient de programmeurs européens. Si le coût virtuel en est de 12 Md €, le coût réel est de 1,2 Md € et les communautés de logiciels libres s’engagent gracieusement à proposer en continu des améliorations et des applications. Le logiciel libre induit une économie moyenne de 36 % en recherche et développement pour les entreprises utilisatrices. Il permet de créer une concurrence pour les logiciels propriétaires, dont les avantages sont différents. Leur part de marché n’est aujourd’hui que de 2 % (avec une croissance annuelle de 40 %) contre 98 % pour les logiciels dits « propriétaires ». Pour développer la concurrence, une série d’actions est nécessaire :

• Promouvoir la concurrence entre les logiciels propriétaires et les logiciels libres dans les appels d’offres, notamment publics. Un objectif de 20 % des applications nouvellement développées ou installées au profit du secteur public en open source pourrait être fixé à l’horizon 2012.

• Considérer fiscalement, comme aux États-Unis, les aides aux communautés des logiciels libres comme du mécénat de compétence.

• Exiger, à un niveau européen dans le cadre de la politique de la concurrence entre solutions logicielles, la fixation de normes internationales garantissant l’interopérabilité entre logiciels libres et les logiciels propriétaires, en priorité.

There are some important points here.

First, that out of 316 recommendations, one should be explicitly about free software. Secondly, that the virtue of promoting the increased use of free software over proprietary software is recognised. Thirdly, there is an ambitious target that 20% of new installations of software by the French government should be open source by 2012.

Finally, and in some ways most importantly, there is a call for interoperability between free software and proprietary code to be mandated at a European level. In the context of Microsoft's recent setback at the hands of the European Commission on precisely this point, I think we can see which way the wind is blowing.

Vive l’interopérabilité!

Reneging on Gowers

When the Gowers review of copyright in the UK came out I was ambivalent: there was some good things, but also areas that were potentially problematic, notably in terms of one-side strengthening copyright enforcement. One year on, it looks like my fears were justified:

If enforcement and flexibility are two sides of the same coin, then one year on it looks like the toss has definitely gone to enforcement. This means that Government is in effect making the situation worse: concentrating on strengthening enforcement measures while failing to address the inherent inflexibility of copyright law that Gowers identified as a key factor in the general public’s disrespect for the law.

Given what is happening in France, with its idiotic "three strikes and you're out" approach - this isn't a game, you know - and the fact that the UK industry is beginning to salivate at the prospect of bringing in something similar here, this is not good.

Of "IP", "Piracy" and China

As readers of this blog will know, I don't use the terms "intellectual property" or "piracy", since both are profoundly misleading and hopelessly skew the discussion. Nonetheless I can recommend a paper entitled "Intellectual Property Piracy: Perception and Reality in China, the United States, and Elsewhere", since it presents a cool analysis of the reality behind the terms, as well as some surprises.

Here's a sample of the former:

Free-rider downloading also serves an advertising function that may actually benefit music-copyright owners: Some free-rider downloaders may like “Sci-Fi Wasabi” enough to go out and spend 99¢ per song for other Cibo Matto tunes from iTunes, or even $11 for the album Stereo Type A or $19 for Pom Pom: The Essential Cibo Matto. If the downloader (or another who hears the downloaded copy) becomes a fan, hundreds of dollars in sales may result; if no download takes place, all of these potential future sales would be lost. Even if the total number of such sales represents only a tiny portion of downloads, it still exceeds the number of sales in the absence of downloading, which would be zero.

And one of the surprises is as follows:

Of the supposed $6.1 billion in losses to U.S. studios, 2.3 billion, or 38%, were lost to Internet piracy, while 3.8 billion, or 62%, were lost to hard-goods piracy. The three countries in which the losses to U.S. studios were highest were not East Asian countries, and two of them were not developing countries: Mexico, the United Kingdom, and France accounted for over $1.2 billion in lost revenues, or 25% of the non-U.S. total – and slightly less than the U.S. total of $1.3 billion. The three countries have a combined population of about 225 million, somewhat less than the United States’ 293 million, giving them a slightly higher per capita piracy rate.

(Via Salon.)

The Beginning of the End for the OEM Tax?

I wrote recently about the call to unbundle operating systems from PCs, but without much hope it would ever be heeded. Maybe I was too pessimistic:

The ruling by a French court according to which the manufacturer Acer has to refund the purchase price of the preinstalled software that the notebook buyer in question does not use to the notebook buyer, has been welcomed by proponents of the sale of PCs and notebooks without preinstalled software. In the case that has now been made public the court ruled (PDF file) that Acer, over and above the sum of 30 euros it had previously agreed to pay, was obliged to refund the plaintiff the complete sum he had paid for the software he had subsequently returned.

The total of 311.85 euros of the overall purchase price of the notebook of 599 euros that Acer was forced to pay back was made up of 135.20 euros for Windows XP Home, 60 euros for Microsoft Works, 40.99 euros for PowerDVD, 38.66 euros for Norton Antivirus and 37 euros for NTI CD Maker. On top of that Acer had to pay a further 650 euros in, among other things, legal costs.

Mr. Dell Does the Decent Thing

Hooray:

today, it's official: Dell announced that consumers in the United Kingdom, France and Germany can order an Inspiron E1505N notebook or an Inspiron 530N desktop with Ubuntu 7.04 pre-installed.

(Via The Open Sourcerer.)

How Not to Get It, Part 4593

There's a wonderful story in the entertainment industry's local rag, Variety:

Young people prefer to download film and music illegally because they don't think that the biz is capable of giving bang for their buck.

An Edelman survey claims that more than a quarter of 18- to 34-year-olds in the U.K. and France would download film and music content illegally due to a lack of trust in the entertainment industry.

While technology companies rated highest in Edelman's report on levels of consumer trust among opinion elites, defined as educated, affluent and media informed, in France and the U.K., media and entertainment companies ranked behind only insurance companies in terms of the public's distrust.

What's interesting about this, is not just how much today's yoof really get what's going on - that they are being conned by the entertainment industry in terms of the products they are being offered (DRM, etc.) - but the spin put on all this by the industry and its servants:

"There is good news for the sector in that people do trust the companies to make entertainment content widely and legally available online," Becker said. "Now entertainment companies need to articulate they're providing value for money. I think we are witnessing that evolution."

Good news? Trust the companies?? Evolution??? Don't tell me: black is white, and up is down, too.

Driving DRM into the Ground

Here's a wonderfully Gallic solution to DRM. Don't fight it, just tie it up with Byzantine bureaucracy that makes it totally unworkable:

On Friday was inaugurated the French regulatory body in charge of ensuring that DRMs (Digital Rights Management) are made compatible and do not prevent users of copyrighted work to benefit from copyright exceptions . If successful, this DRM watchdog, the first of its kind in the world, might become a model in dealing with problems raised by DRMs.

(Via Boing Boing.)

Sinning Against the Holy God of American IP

Even for the field of intellectual monopolies, which is strewn with examples of hypocrisy and bullying, this "301 report" from the International Intellectual Property Alliance in the US really takes the biscuit. Here's what Michael Geist, one of the world's leading legal scholars has to say of its truly paranoid listing of most countries of the world for their transgressions against the holy god of American IP:

each invariably criticized for not adopting the DMCA, not extending the term of copyright, not throwing enough people in jail, or creating too many exceptions to support education and other societal goals. In fact, the majority of the world's population finds itself on the list, with 23 of the world's 30 most populous countries targeted for criticism (the exceptions are Germany, Ethiopia, Iran, France, the UK, Congo, and Myanmar).

The U.S. approach is quite clearly one of "do what I say, not what I do" (fair use is good for the U.S., but no one else), advising country after country that it does not meet international TPM [Trusted Platform Module] standards (perhaps it is the U.S. that is not meeting emerging international standards), and criticizing national attempts to improve education or culture through exceptions or funding programs. Moreover, it is very clear that the U.S. lobby groups are never satisfied as even those countries that have ratified the WIPO treaties or entered into detailed free trade agreements with the U.S. that include IP provisions still find themselves criticized for not doing enough.

I'm really quite ashamed that the UK isn't on the list, too: the fault of Tony "the poodle" Blair, I suppose.

La Seconde Vie, Das Zweite Leben

Now what I want is, Facts. Teach these boys and girls nothing but Facts. Facts alone are wanted in life.

To say nothing of Second Life. And here are some juicy ones (as an Excel workbook, alas, but it opens perfectly well in OpenOffice.org.). Here's one in particular I found significant:

Active % of residents in the top 100 countries

United States 31.19%
France 12.73%
Germany 10.46%
United Kingdom 8.09%
Netherlands 6.55%
Spain 3.83%

That is, Europeans already outnumber Americans in Second Life (and I'm sure that Europeans will soon be outnumbered by those from the rest of the world soon).

Voici L'Avenir...

...des idées - gratuit. (Via Lessig.org)

CrowdSpirit

Crowdsourcing in the French Alps:

Our business model is simply to design innovative electronic products by “you” for “you” and to reward the best “you” based on the products sales revenues& in practice “you” will be made by a community. CrowdSpirit will provide the means for this community to design, invest, produce, market, distribute and support the products that make business sense. To conclude, the community will assist and participate in every step of the product cycle and will earn money from these products based on each person’s contribution.

Dunno if it works, though.

The New Richard Stallman

It's hard to tell whether it's because RMS has changed, or whether the world has changed, but something is new here: RMS is starting to engage with politicians at the highest levels.

For example, a few months back I wrote about his meeting with Ségolène Royal - who, as I and many others predicted, is now officially a candidate for the French Presidential elections.

Now here's RMS hobnobbing with Rafael Correa, the new president of Ecuador. I had to laugh at this description:

Stallman spoke for almost 20 minutes, without Correa saying anything, just listening.

So some things remain the same.

In any case, the result seems good:

When Stallman finished speaking, there were a few questions, and a short conversations where the two of them were in agreement on everything, and Correa asked his advisers if Ecuador should migrate to free software. They said yes, and everyone, including Stallman, left the meeting with a broad smile on their faces.

(Via Linux and Open Source Blog.)

Vive L'Open Source

This is worrying: politicians have discovered that open source is vaguely, well, groovy:

"I am very impressed with the phenomenon of open source software. In the wiki logic, there is a capacity to share and cooperate on research and economic activity. This is a crucial moment of the history of humanity."

Yikes.

It's the Info Commissioners Squad

I don't know how much practical effect this will have, but it's a nice idea:

A group of international data and privacy protection commissioners has decided to act together to challenge the surveillance society which they claim is developing. Commissioners from the UK, France, Germany and New Zealand will adopt common policies.

At the annual Conference of Data Protection and Information Commissioners, held last week in London, a joint set of objectives was adopted by the international commissioners aimed at tackling what they see as a growing international issue of constant citizen surveillance.

ODF La La!

France really seems to have something about ODF. I wrote before about one initiative to bring in ODF, and now here's another that's even more promising.

That's because the report is to the French prime minister - no messing on this one. Moreover, its recommendations are very broad in their sweep. So, not content with proposing

Introduire, par voie réglementaire, l'usage obligatoire de ce format par l'administration française pour la création et la diffusion de tout document administratif.

the obligatory use of the ODF format for the creation and distribution of all administrative documents of the French Government, it also suggests

Proposer à nos partenaires européens de favoriser systématiquement les standards ouverts et, comme premier exemple, d'imposer le format international ISO «odf» pour la création et la diffusion de tout document officiel échangé dans le cadre européen.

proposing to European partners to do the same for all official documents of the European Union.

It's well-worth reading the whole document, which ranges widely - the GNU GPL and Yochai Benkler's Wealth of Networks are both discussed - and offers a uniquely French perspective on the modern world. It reminds us yet again that if France did not exist, it would be necessary to invent it.

The French Disease

For a nation of rationalists, France's DADVSI law is a seriously irrational piece of legislation that guts not just fair use, but comprehensively clobbers free software. Read this explanation - and then weep. (via Boing Boing.)

OOo-La-La!

An interesting report from the French Ministry of Defence, that OpenOffice.org may have neglected some security issues in its headlong rush to achieve parity with Microsoft Office. The problem seems to lie with macros, and frankly, I'm not surprised. I never use them, and I really think that anyone who does is asking for trouble. A word processor is for, you know, processing words; it does not need to pass the Turing Test.

Still, this is the kind of stuff that's easily fixed with the odd huge window marked "Danger: do not run this macro" every five seconds. (Via in Ars Technica.)

Open Source Rocks

There's nothing new about companies deciding to open source their products and make money in other ways. But it's still good to come across new examples of the breed to confirm that the logic remains as strong as ever.

A case in point is Symfony, which describes itself as "a web application framework for PHP5 projects". It is unusual in two respects: first, because it uses the liberal MIT licence, and secondly, because it is sponsored by a French company, Sensio. And according to them, open source rocks.