ACTA: Please Do What Simon Says...

I was about to write a long and passionate post imploring you to contact your MEPs one last time in order to get them to sign up to the important Written Declaration on ACTA. But I find that my fellow blogger Simon Phipps has already put together pretty much that post:

On Open Enterprise blog.

Read What Simon Says

It's a red letter day here on Computerworld UK, for the open source section just gained an important new strand in the form of Simon Says, a blog from Simon Phipps:

On Open Enterprise blog.

There's Nothing New Under the Sun

One of the many sad aspects of Sun's disappearance into the maw of Oracle is that many will see this as “proof” that its strategy of building on open source was a failure. But as Simon Phipps, Sun's former Chief Open Source Officer, rightly says in his valedictory blog post:

On Open Enterprise blog.

Open Source in the Enterprise: Safely Boring

Yesterday I popped into part of the London Open Source Forum. This was a laudable effort organised by Red Hat in conjunction with some of its partners to corrupt young and innocent minds – well, senior managers, at least – and convince them about the immanent wonderfulness of open source. To that end, they wheeled out some of the big names in the enterprise free software world like Matt Asay, Simon Phipps and Jan Wildeboer....

On Open Enterprise blog.

Opening Up in the Netherlands

It's really heartening to see this openness/transparency meme blooming everywhere. But the forces of ignorance are fighting a rearguard action. Here's news from Sun's Simon Phipps of the Dutch journalist Brenno de Winter, who is battling for the truth in the Netherlands:

Brenno has been trying to get details of local government procurement published on the web, so that the resulting transparency can drive better decisions. Since most local authorities haven't wanted to do that, he's been filing bulk Freedom of Information requests (the Dutch abbreviation is apparently WOB) to get the data.

...

I got a note from him yesterday telling me a new problem has come up. Despite the fact that the local authorities - like all in Europe - have a legal duty to provide the information, they have started sending Brenno big bills for the administrative work involved, in a kind of denial-of-service attack on his campaign.

He's pretty sure that if he takes all the claims to court he can get them struck down, but to do that he needs a fighting fund. There's an event in Amsterdam on June 11th where Scriptum Libre will be raising funds for him, and you can contribute by visiting their payment page and designating Brenno as the beneficiary of your donation. Worth supporting - pass it on.

Indeed: please pass on if you can.

The Naming of Parts/Property/Privilege

Words matter, which is why one of the shrewdest moves was the labelling of copyright infringement - an act that, when carried out by individuals (not criminal gangs), is so innocuous that it's almost boring - as "piracy". This elevates that trival velleity to blood and guts on the high seas, typhoons ripping the mainsail, the rigging cracking, and - well, you get the (exaggerated) picure.

But another of the more subtle acts of subversion was pushing the warm and fuzzy label "intellectual property" to describe the utterly boring legal concepts of copyright, patents and trademarks. As readers of this blog know well, it's not a term I'm prepared to accept, for many reasons. And I was pleased that another defender of software freedom, Sun's Simon Phipps, also has problems with "intellectual property":

The term is used widely in the business and legal communities, and it becomes second nature to speak of patents, copyright, trademarks and trade secrets collectively in this way. The problem with doing so is that the expression is factually wrong, and a legion of open source developers (you know, the ones working on free software) take the use of the phrase "intellectual property" as a genetic marker for "clueless PHB-type" at best and "evil oppressor of geeks" at worst.

Why is it wrong? Well, none of those things is really "property". In particular, copyright and patents are temporary privileges granted to creative people to encourage them to make their work openly available to society. The "social contract" behind them is "we'll grant you a temporary monopoly on your work so you can profit from it; in return you'll turn it over to the commons at the end of a reasonable period so our know-how and culture can grow."

Using the term "intellectual property" is definitely a problem. It encourages a mindset that treats these temporary privileges as an absolute right. This leads to two harmful behaviours:

* First, people get addicted to them as "property". They build business models that forget the privilege is temporary. They then press for longer and longer terms for the privilege without agreeing in return to any benefit for the commons and society.

* Second, they forget that one day they'll need to turn the material over to the commons. Software patents in particular contain little, if anything, that will be of value to the commons - no code, no algorithms, really just a list of ways to detect infringement.

Spot on, Simon. He then goes on to ask what we might use instead:

Various suggestions have been made, but each of them seems to me to be so slanted to the opposite agenda that there's little chance of practitioners using them.

However, the term "intellectual privilege" seems to work. It's got the right initial letters, which is a huge win! But it also correctly describes the actual nature of the temporary rights we're considering.

Hmm, I'm not so sure that backward compatibility with "IP" is such a virtue here. Indeed, choosing the same initial letters might actually make it harder to get the important point that Simon is making across.

I also think calling it "intellectual privilege" is confusing in another sense. He's correct that it *is* a privilege, but it's easy to imagine the forces that rebranded copyright infringement as "piracy" would have a field day spinning this new "IP" to mean that it's a privilege for *us* consumers to have access to this wonderful stuff.

Far better, in my view, to tell it as it is, and to pick up on Simon's description that this is nothing less than "a temporary monopoly", granted by the state in return for the eventual release of this stuff to the public domain. Calling it an intellectual monopoly also has the advantage that it includes the "intellectual" part of "intellectual property", so it's clear what we're talking about - not anything remotely *physical*.

Moreover, bringing people face to face with the reality that these things are monopolies, generally recognised as bad things, is one of the fastest ways to convince the general public and politicians that we need to shorten their terms, not lengthen them, as has been happening time and again over the last century. After all, who wants longer monopolies - apart from monopolists?

Seven things people didn't know about me...

...And probably didn't want to. Thanks to that nice Mr Mark Surman, I have been not only tagged but also subjected to fiendishly-clever emotional blackmail in the accompanying email:

I realize this is corny. But corny can be fun. This kind of fun is something I dare you to have.

The rules are:

Link to your original tagger(s) and list these rules in your post.


Share seven facts about yourself in the post.


Tag seven people at the end of your post by leaving their names and the links to their blogs.


Let them know they’ve been tagged.

Sigh. So, here goes:

1. As I child, I kept frog spawn (still abundant in those far-off days), fascinated by the extraordinary metamorphosis it underwent. Once, among the many froglets that emerged, one had six legs, and two had five (all extra forelimbs.)

2. At primary school, I was one of the ugly sisters in “Cinderella”. I still remember the rather fetching pink and lime-green dress that I wore.

3. I spent most of my free time at secondary school playing bridge. Unfortunately, I used the Blue Club system, which, according to Wikipedia, is no longer popular, making it even more of an utter waste of time.

4. I was Senior Wrangler in the 1977 Tripos. Barely anyone knows what that means; even fewer care. 100 years ago, it would have guaranteed me a pampered college fellowship for life. I regard it as lucky escape.

5. My first post-university job was as a maths supply teacher for 30+ 15-year-olds in Catford, South London, most of whom were larger than me, but rather less interested in mathematics than I was. I lasted two months before being escaping to publishing.

6. I was taken off a train at near-gunpoint in Belarus for travelling without a transit visa. At 5 o'clock in the morning. I then had to rush to the immigration office attached to the Grodno border station and get a visa before the waiting train left for Vilnius with all my luggage on board.

7. I am powerless in the presence of honey-roasted cashews. An interesting case of where traditional mathematics breaks down, and 1+1=3.

The rules say I must now pass on this poisoned chalice to others, but unlike Mark I won't add any pressure: please feel free to ignore if you wish, or have already been tagged – I did search, but happily Google is not yet omniscient.

The names below are all key people in the UK world of openness in various ways, and I think it would be interesting to find out more about them. They are (in alphabetical order):

OpenStreetMap's Steve Coast

Open data defender Peter Murray-Rust

Alfresco's John Newton

Sun's Simon Phipps

BT's JP Rangaswami

Boycott Novell's Roy Schestowitz

Open government enthusiast Tom Steinberg

Source Code for Civilisation

Simon Phipps points out the centrality of the Universal Declaration of Human Rights:

This document is one of the most important documents created in the 20th century, delimiting the unarguable rights of every person, and doing it in in cool, clear prose. Flowing out of revulsion at the excesses of the Second World War, it sets a benchmark that is still vibrantly relevant to world society. For example, it makes clear that the Guantanamo concentration camp that the US is still running is abhorrent (see articles 3, 5, 6, 7, 8, 9, 10, 11 - even arguing articles 3 and 28 implicitly allow it is dealt with in article 30). It casts light on the US wiretaps and the UK's surveillance society (article 12 supported by articles 7 and 11), on the TSA (article 13), on internet filtering (articles 18 & 19) and on so many more issues.

The more I look at it, the more convinced I am that this visionary document, born from the lessons humanity wanted to learn after the horrors of 1939-45, is a source text that can guide so much we're all trying to achieve. As we're working on the future, be it Web 2.0, rebuilding our political life in the west or freedom for Tibet, I'm struck that the Declaration is a primary source document against which to measure our intent and action.

Nice to see that Tibet is not forgotten.

Bruce Schneier Knows Alice and Bob's Shared Secret

I want one, too.

Wiki Wiki Sun

Wikis were born under the Hawaiian sun (well, the name was), so perhaps it's appropriate that Sun should have set up its own wikis, in a further sign that Sun gets it, and that wikis are almost mainstream now. (Via Simon Phipps.)

OpenJDK

Free!

(Not So) Mysterious Asia

Simon Phipps has some interesting numbers relating to open source in Asia:

It seems that a few years ago, more than 95% of the software market in China was foreign-sourced. Last year, however, 70% of the software their government was using was open source. That means a market over which western software companies were rubbing their hands with glee in 2003 (presumably awaiting the payout from the first hit that was free) now see the market potentially evaporating.

Feisty Fawn Goes to Java (or Vice Versa)

Simon Phipps writes:

The news is that a full Java developer stack with tools is available from today in the Multiverse repository for Ubuntu 7.04 (that's Feisty Fawn). It includes JDK 5 and 6, the Glassfish Java EE server, the NetBeans development environment and the Java DB database. From today, Ubuntu becomes a first-class Java developer platform (just like Solaris Express already is). That also makes deployment easy - having Glassfish or Java DB as a dependency becomes almost trivial.

Blog Perdurability and the Information Commons

Simon Phipps raises an important point: what should be done about corporate blog pages when their owner has, er, passed on (as in to another company)? Sun's solution:

When we started blogs.sun.com, we had a long discussion about what we should do when employees left. The conclusion we all reached, supported strongly by Jonathan Schwartz who attended the meeting, was that they should simply be left in place, merely closed for further changes. Our view was that, if the blog text had been acceptable when it was published, there was no reason a change of employment status should vary that. Not to mention the desire by Tim to preserve URIs. Interestingly, one of Jonathan's motivations for this was also so that people could pick up where they left off when they rejoined Sun!

But I'd go further. I think that companies have a responsibility to maintain the availability of any materials that they make public. This is because of the changed nature of information these days: it's inherently interconnected, and snipping out a weft here and a warp there isn't good for the rest of the data tapestry.

Publicly-available information forms a commons; removing it constitutes a destruction of part of that commons. Ultimately there should be laws against it, just as there are against chopping down historic trees that form part of the landscape commons.

Fortress: Sun's Open Fortran

Ayo, this brings back too many memories of punched cards at midnight:

Sun Microsystems took a new open-source step this week, enlisting the outside world's help in an attempt to create a brand-new programming language called Fortress.

On Tuesday, the company quietly released as open-source software a prototype Fortress "interpreter," a programming tool to execute Fortress programs line by line. "We're trying to engage academics and other third parties," Eric Allen, a Sun Labs computer scientist and Fortress project leader, said about the open-source move.

Fortress is designed to be a modern replacement for Fortran, a programming language born 50 years ago at IBM but still very popular for high-performance computing tasks such as forecasting the weather.

Still, another good move for Sun.

Update: Sun's Simon Phipps has some more details.

Sun Opts for GNU GPL v2.5

I've written elsewhere about my pleasant surprise at Sun choosing the GNU GPL for Java. But an obvious question that follows on from that news is: which GPL? B

This is a highly political question, with no easy answer. And yet Simon Phipps, Mr Open Source at Sun, has given a good 'un:

the very first question Richard asked me about OpenJDK was "GPL v2 or later" or "GPL v2 only"? I explained that Sun could not in good faith commit to using a license sight-unseen for such an important code-base. It's used on 4 billion devices, there are more than 5 million developers dependent on it for their living, and the risk - however slight - that the GPL v3 might prove harmful to them can't be taken. So while we are very positive about the GPL v3, committing to using it when it's not finished does not seem responsible stewardship. I hope we can use it, but I can't express that hope by committing in advance. So for now, the Java platform will be licensed under just the GPL v2.

Sounds fair enough to me.

Contrapuntal DRM

DRM is one of the central themes that has been weaving in and out of many of my posts here; this well-written piece from Sun's Simon Phipps brings in plenty of other related topics too, and provides an interesting take on the issue (via Groklaw).

(It also includes a link that reminds me why I don't have an iPod - and why I hate the word "Podcast".)