The last six months have seen a fierce debate in Italy over a proposal by the Italian communications watchdog Agcom to grant itself wide-ranging powers to address alleged copyright infringement online. Here's how The Center for Internet and Society at Stanford Law School described them:
One of the heartening recent developments in the world of digital copyright is that we have moved on from manifestly biased surveys about the evils of piracy and how the solution to everything is harsher punishment for infringement and longer copyright terms, to independent analyses that seek to understand rather than judge and lecture. There's also been a new focus on learning what the public thinks might be an appropriate balance for modern copyright -- something that nobody cared about in the past.
Last year we wrote about EMI suing the Irish government for having the temerity not to pass a SOPA-Like censorship law. That truly extraordinary sense of entitlement seemed to be a one-off, but The Hollywood Reporter now brings us another (via @LifeinSicily):
Different countries are moving at different speeds in terms of governmental adoption of free software, open data and openness in general. I wrote a year ago about Iceland, which seemed to be making particularly rapid progress at the time. Now it looks like it's Italy's turn.
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:
There is a natural tendency to concentrate on what is happening locally, and so most of the stories here on Open Enterprise are about what's happening in the UK, or developments that affect it directly. But it's important to remember that open source is a global development, and that things are bubbling away everywhere, all the time.
As if Italians didn't have enough problems, it seems that their government is trying to sneak through a proposal supposedly designed to provide those who are libelled online with an automatic recourse, which activists thought they had managed to kill off five months ago. Here's the plan:
Last week I was invited to talk at the South Tyrol Free Software Conference which took place in northern Italy, in the city of Bolzano (disclosure: a paid gig.) As its title indicates, this was a more local, specialised conference than some of its more famous international siblings, but I was impressed just how much activity was going on. It was also interesting to see that open data was already a hot topic here - it's not just national holdings that are being opened up.
If you go to the Italian version of Wikipedia, you will not find a gateway to 847,000 articles in that language, but (at the time of writing, at least) an unusual letter to the reader:
A few months ago, I spent quite a few words disembowelling a BSA report on piracy that made some highly-simplistic assumptions and calculations about the alleged impact of pirated software on economies around the world. This was the report's main thesis:
On Open Enterprise blog.
A couple of days ago I wrote about the deal between the regional government of Puglia and Microsoft, noting that it was frustrating that we couldn't even see the terms of that deal. Well, now we can, in all its glorious officialese, and it rather confirms my worst fears.
Not, I hasten to add, because of the overall framing, which speaks of many worthy aims such as fighting social exclusion and improving the quality of life, and emphasises the importance of "technology neutrality" and "technological pluralism". It is because of how this deal will play out in practice.
That is, we need to read between the lines to find out what the fairly general statements in the agreement will actually mean. For example, when we read:analisi congiunta delle discontinuità tecnologiche in atto e dello stato dell’arte in materia di ricerca e sviluppo informatico, sia in area desktop che nei data center (come ad es. il cloud computing e la mobilità);
[joint analysis of the technological discontinuities underway and of the state of the art in research materials and IT development, both on the desktop and in the data centre (for example, cloud computing and mobile)]
will Microsoft and representatives of the Puglia administration work together to discuss the latest developments in mobile, on the desktop, or data centres, and come to the conclusion: "you know, what would really be best for Puglia would be replacing all these expensive Microsoft Office systems by free LibreOffice; replacing handsets with low-cost Android smartphones; and adopting open stack solutions in the cloud"? Or might they just possibly decide: "let's just keep Microsoft Office on the desktop, buy a few thousands Windows Mobile 7 phones (they're so pretty!), and use Windows Azure, and Microsoft'll look after all the details"?
And when we read:
Favorire l’accesso e l’utilizzo del mondo scolastico e dei sistemi dell’istruzione alle tecnologie ed agli strumenti informatici più aggiornati
[To encourage the educational and teaching world to access and use the most up-to-date IT systems]
will this mean that teachers will explain how they need low-cost solutions that students can copy and take home so as not to disadvantage those unable to pay hundreds of Euros for desktop software, and also software that can be modified, ideally by the students themselves? And will they then realise that the only option that lets them do that is free software, which can be copied freely and examined and modified?
Or will Microsoft magnanimously "donate" hundreds of zero price-tag copies of its software to schools around the province, as it has in many other countries, to ensure that students are brought up to believe that word processing is the same as Word, and spreadsheets are always Excel. But no copying, of course, ("free as in beer" doesn't mean "free as in freedom", does it?) and no peeking inside the magic black box - but then nobody really needs to do that stuff, do they?
And when we see that:Microsoft si impegna a:
individuare e comunicare alla Regione le iniziative e risorse (a titolo esemplificativo: personale tecnico e specialistico, eventuali strumenti software necessari alle attività da svolgere congiuntamente) che intende mettere a disposizione per sostenere la creazione del centro di competenza congiunto Microsoft-Regione;
[Microsoft undertakes to:
specify and communicate to the Region the initiatives and resources (for example: technical personnel and specialists, software necessary for the joint activities) which it intends to make available for the creation of the joint Microsoft-Regional centre of competence centre]
are we to imagine that Microsoft will diligently provide a nicely balanced selection of PCs running Windows, some Apple Macintoshes, and PCs running GNU/Linux? Will it send along specialists in open source? Will it provide examples of all the leading free software packages to be used in the joint competency centre? Or will it simply fill the place to the gunwales with Windows-based, proprietary software, and staff it with Windows engineers?
The point is the "deal" with Microsoft is simply an invitation for Microsoft to colonise everywhere it can. And to be fair, there's not much else it can do: it has little deep knowledge of free software, so it would be unreasonable to expect it to explore or promote it. But it is precisely for that reason that this agreement is completely useless; it can produce one result, and one result only: recommendations to use Microsoft products at every level, either explicitly or implicitly.
And that is not an acceptable solution because it locks out competitors like free software - despite the following protestations of support for "interoperability": Microsoft condivide l’approccio delle politiche in materia adottato dalla Regione Puglia ed è parte attiva, a livello internazionale, per promuovere iniziative rivolte alla interoperabilità nei sistemi, indipendentemente dalle tecnologie usate.
[Microsoft shares the approach adopted by the Puglia Region, and is an active part of initiatives at an international level to promote the interoperability of systems, independently of the technology used.]
In fact, Microsoft is completely interoperable only when it is forced to be, as was the case with the European Commission:In 2004, Neelie Kroes was appointed the European Commissioner for Competition; one of her first tasks was to oversee the fining brought onto Microsoft by the European Commission, known as the European Union Microsoft competition case. This case resulted in the requirement to release documents to aid commercial interoperability and included a €497 million fine for Microsoft.
That's clearly not an approach that will be available in all cases. The best way to guarantee full interoperability is to mandate true open standards - ones made freely available with no restrictions, just as the World Wide Web Consortium insists on for Web standards. On the desktop, for example, the only way to create a level playing-field for all is to use products based entirely on true open standards like Open Document Format (ODF).
If the Puglia region wants to realise its worthy aims, it must set up a much broader collaboration with a range of companies and non-commercial groups that represent the full spectrum of computing approaches - including Microsoft, of course. And at the heart of this strategy it must place true open standards.
Update: some good news about supporting open source and open standards has now been announced.
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There's a nice little argument bubbling away over in the south of Italy. It concerns the decision of Nichi Vendola, the president of Puglia, to sign a deal with Microsoft. The motivation, according to Signor Vendola, in the translation of Marco Fioretti, who has been tracking this episode, is that this:
“represents the beginning of an important collaboration partnership, whose goal is to promote innovation and excellence in creation, development and usage of ICT technologies and solutions, adding value to the role of the Region in direct relationships with the biggest international groups of that sector”.
Crediamo che parlare di copyleft, di software libero, di neutralità della rete sia una necessità per un partito moderno, così come lo è parlare di lavoro, ambiente, economia e diritti civili.
...
Per questo abbiamo ripreso l’espressione Ecologia della Conoscenza, perchè crediamo che tutti quei movimenti che si oppongono alla privatizzazione della conoscenza debbano essere unificati in un’unica istanza. Chi si oppone ai brevetti sul genoma o sul software, chi chiede una riforma radicale delle leggi sul copyright, chi sostiene il software libero condivide un’idea di base, che la cultura debba essere libera.
La sottoscrizione del Protocollo d’intesa con Microsoft ha suscitato le perplessità di chi crede che con questa iniziativa si possa mettere in discussione il software libero e la libera circolazione dei saperi. La tentazione di lasciarsi andare a un impulso referendario è fortissima. Per la Puglia, per l’Italia il nemico è Microsoft? O uno qualsiasi degli altri colossi dell’informatica? A mio parere dovremmo guardare a queste dispute con lo stesso coraggio che ci aiuta a decifrare la politica di questi giorni bui. Combattendo i luoghi comuni.
Dovremmo ammettere che in un secolo nuovo che si apre al cloud computing, all’open data government, alla neutralità tecnologica, al crollo dei prezzi delle Apps, il compito delle politiche pubbliche non è più tanto di scegliere tra competitori, ma quello di allargare le autostrade della società dell’informazione.
I veri nemici nel 2010 (e forse nel 2015 sarà più chiaro) non sono più Windows, Google, Leopard o l’iPad. Il vero nemico è il digital divide in cui il paese è prigioniero. Meno rame e più fibra.
Here's a big win for open source: the Italian Constitutional Court has approved a law in Piedmont giving preference to open source, ruling that it is not anti-competitive:Just over a year ago, the Piedmont Regional Council passed a law which states: "... the Region, in the process of choosing computer programs to acquire, prefers free software and programs whose source code can be inspected by the licensee" (Article 6, paragraph 2).
This choice was welcomed with enthusiasm by Free Software supporters and civil society, while the Presidency of the Italian Council of Minister contested this law, by referring to the Constitutional Court in order to declare it unlawful.
On March the 23rd, 2010, the Court ruled that the preference for Free Software is legitimate and complies with the principle of freedom of competition.
The reasoning given by the Constitutional Court is interesting:The Court points out: "It is not understandable how the the choice of a Public institution with regard to a feature, and not a product ... can be deemed as a breach of antitrust law”. Furthermore, the Court clarifies that “The concepts of Free Software and software whose code can be inspected do not refer to a particular technology, brand or product, but they rather express a legal feature".
As the Italian Associaation for Free Software notes:In short, according to the Court, favoring Free Software does not infringe freedom of competition, since software freedom is a general legal feature, and not a technological aspect connected to a specific product or brand. This ruling demonstrates the weakness of the arguments of those who, until now, have opposed the adoption of rules aimed at promoting and favoring Free Software arguing that they conflict with the principle of "technological neutrality".
This is an important result, and not just for Italy: it establishes a line of reasoning that could be applied in other jurisdictions.
Follow me @glynmoody on Twitter or identi.ca.
I love travelling by train. In my youth, I bought Interail passes for many years, and basically lived on trains for a month, wending my way slowly around Europe. More recently, I spent 36 hours on a train travelling from Italy through Austria, Czech Republic, Poland and Belarus (don't get me started on how I was dragged out of my carriage at gunpoint, at 5 o'clock in the morning, because I didn't have a transit visa for Belarus...)
But the big daddy, of course, is the Trans Siberian Railway. And now, thanks to those kind, but troublingly pervasive people at Google, I/you can travel that amazing journey without leaving home:
Moscow-Vladivostok: virtual journey on Google Maps
The great Trans Siberian Railway, the pride of Russia, goes across two continents, 12 regions and 87 cities. The joint project of Google and the Russian Railways lets you take a trip along the famous route and see Baikal, Khekhtsirsky range, Barguzin mountains, Yenisei river and many other picturesque places of Russia without leaving your house. During the trip, you can enjoy Russian classic literature, brilliant images and fascinating stories about the most attractive sites on the route. Let's go!
And when they say Russian classic literature, they mean classic literature *in Russian*; indeed, it's worth hopping aboard just for that.
Хорошо!
Follow me @glynmoody on Twitter or identi.ca.
At a time when transparency – or lack of it – is in the air, here's another demonstration of how not to do it, this time from the European Union. It concerns the valiant efforts of an Italian MEP, Marco Cappato, who had a few questions for the European Commission about its use of free software....
On Open Enterprise blog.
For years, the content industries having been trying to get laws passed that would stop people sharing files. For years they failed. And then they came up with the "three strikes and you're out" idea - and it is starting to be adopted around the world. First we had France, then countries like Italy, Ireland - and now South Korea:On March 3, 2009, the National Assembly's Committee on Culture, Sports, Tourism, Broadcasting & Communications (CCSTB&C) passed a bill to revise the Copyright Law. The bill includes the so called, "three strikes out" or "graduated response" provision.
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The provision gives authority to order ISP to send warning letters to the users, delete or stop transmission of illegal reproductions, suspend or terminate the accounts of the users, or close the bulletine boards to the Ministry. It also gives power to order information and telecommunication service providers to block connections to their information and telecommunication network of such ISPs.
...
The modified bill will be up for vote in April, and it is most likely that the bill pass in the National Assembly and come into force in April.
What's the secret? why has the "three strikes" idea caught on where others have failed? And what is the best way to stop it spreading further?
Follow me on Twitter @glynmoody
Some suspicious lack of transparency here:The Italian open source advocacy group Associazione per il Software Libero is protesting two memoranda of understanding (MOU) signed this summer by the Italian government and Microsoft. The group last week published a public protest letter.
The association explains that over the past three months it has in vain tried to raise the issue with the minister of public administration and innovation, Renato Brunetta. "We now publish this letter to get his attention on the benefits of open source software."
The advocacy group writes is it worried about a three-year memorandum of understanding signed by Minister Brunetta with Microsoft to develop software solutions for schools. It also expresses doubts over a similar agreement with Microsoft for the modernisation of public administration document management systems.
All such memoranda should be routinely out in the open.
Italy is famous for its glorious art, fine food, and friendly people; maybe we should add “enlightened uptake of open source” to that list. Here are two more data points....
On Open Enterprise blog.
OpenOffice.org has always been something a Cinderella in the free software world. Partly this is because it started out as a proprietary program, and partly because it took a while for its code to be sorted out (although the same is true for Mozilla/Firefox). Whatever the reason, it's not had as high a profile as other major open source programs. But that looks like it is about to change, thanks to the interest in the recently released version 3.0....
On Open Enterprise blog.
All around the world, it seems, people just can't get enough of this amazing free office suite, which is now turning in serious market shares in some countries. For, example, according to this report, there are now 12 million users in Brazil, representing fully 25% of the entire office market there. Meanwhile, plucky little Italy has notched up 4 million downloads in the last 12 months (that's downloads, not users, but still impressive)....
On Open Enterprise blog.
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