BBC Hoist By Its Own Petard

Oh, this is rich:

A revised version of FairUse4WM reappeared on forums late last week, and the utility now effectively strips the DRM from iPlayer content allowing it to be copied and played into perpetuity rather than for the limited period intended by the BBC.

Which, of course, was inevitable. But what's droll is the BBC's spin:

"We know that some people can — and do — download BBC programmes illegally. This isn't the first piece of software to be hacked or bypassed. Nor will it be the last. No system is perfect. We believe that the overwhelming majority of licence-fee payers welcome this service and will want to use it fairly."

So, let's get this straight. The "overwhelming majority of licence-fee payers welcome this service and will want to use it fairly", while "some people can — and do — download BBC programmes illegally".

And yet the BBC insists on imposing DRM on the "overwhelming majority" who "want to use it fairly" - and so don't need DRM; meanwhile, the people who "can - and do - download BBC programmes illegally" will be able to get around the DRM anyway, as the BBC admits.

So DRM is pointless for both groups, and hence pointless for everyone. Moreover, it not only inconveniences the law-abiding majority, it locks some of them out entirely, in the case of Mac and GNU/Linux users.

God, what a mess the BBC is in - and not just logically.

Harry Potter 7: The End of an Era

In case you hadn't noticed, the last Harry Potter novel is coming out on Saturday. It's the end of an era - not just because it's the last, but also because, apparently:

Harry Potter and the Deathly Hollows ... has hit BitTorrent.

Assuming this is actually Harry Potter and the Deathly Hallows, and if the most closely-guarded text in the world of intellectual monopolies really is out, maybe it's time for the guardians of those monopolies to forget about them.

(Hint: the latest Harry Potter book does not consist purely of text, and the essence of reading it is not something you can download from BitTorrent.)

Chile Heats up the WIPO Debate

Wow, this was precisely the kind of thing I was calling for - but not expecting to happen:

In the wake of the recently concluded broadcasting negotiations at WIPO in June 2007 (Standing Committee on Copyright and Related Rights) where a proposed instrument for the protection of broadcasting organizations was put on cold storage but not terminated, a Chilean proposal on the examination of limitations and exceptions in the copyright area has come to the fore.

Chile has proposed that the WIPO copyright committee examine limitations and exceptions for the blind, educators and librarians. India has reinforced Chile’s reformist thrust by calling upon WIPO to consider socially relevant issues such as access to knowledge and education.

...

Chile’s multi-pronged endeavours to imbue the WIPO patent committee and the WIPO copyright committee with a more reflective and development- oriented approach is welcome and of significant strategic import to the Development Agenda and the access to knowledge (a2k) movement. In addition to the limitations and exceptions proposal tabled to the SCP, Chile’s proposal on patents and standards carries reinforces discussions that have begun to take place at the World Trade Organization and the Internet Governance Forum on remedies to mitigate the inherent tension between the public interest and patents in information and communications (ICT) standards.

These might seem tiny, tangential, even trivial issues, but don't be fooled: even raising them within the context of WIPO's hitherto hardline pro-intellectual monopolist framework is of huge symbolic significance. (Via IP Justice.)

Open Source War in Pakistan

Oh-oh, not good:

The emerging open source insurgency in Pakistan may have found its plausible promise [= alpha code release]: to defeat the Pakistani military establishment.

...

If true, Pakistan may devolve much faster than anticipated. Will we see it hollow out?

Let's hope Western governments have plenty of radiation detectors on order....

Gartner's Trough of Disillusionment

There is a scandal brewing over open standards in Europe:

On June 29 2007, the European Commission agency IDABC published document written on contract by Gartner initiating the revision of the European Interoperability Framework (EIF) and the Architecture Guidelines (AG) .

The first version of this very important document has been published in 2004 and introduced a strong support and request for open standards and xml for the exchange of data between administrations within Europe, as well as with the citizens. This has been relayed and used in many countries to support open standards as well.

This is now threatened in this new report EIF v2.0 by Gartner

This second version, not yet endorsed by the European Commission, nor by the member states, but that could well enter soon such an endorsement process, wants to update the previous version of the European Interoperability Framework but, contrary to the first version, it threatens explictely the good process of more open standards that had been a long time push of IDABC.

The core of the problem is the following passage from Gartner's report:

Gartner acknowledges the importance of open standards. IT vendors and system integrators should also recognize that open standards are the way to go. The era where proprietary standards lead to a sure base of loyal customers is fading away. IT is becoming just like any other industry where true added value and competitive pricing determine the winners.

Yet, Gartner recommends not to focus on the use of open standards per se. Whether open or not, standards are to further the deployment of public services. EIF v2.0 should facilitate the most profitable business model(s) of cost versus public value, under proper recognition of intellectual property rights, if any. The support for multiple standards allows a migration towards open standards when appropriate in the long run.

The use of 'open source' software may further the deployment of public services. However again, whether open source or not, it is the most viable software that should be allowed to survive in the infrastructure. So again, EIF v2.0 should facilitate multiple options to co-exist, and to compete.

This is completely daft. Saying

Gartner recommends not to focus on the use of open standards per se. Whether open or not, standards are to further the deployment of public services. EIF v2.0 should facilitate the most profitable business model(s) of cost versus public value

is like saying

Gartner recommends not to focus on the use of moral standards per se. Whether moral or not, standards are to further the deployment of public services. EIF v2.0 should facilitate the most profitable business model(s) of cost versus public value

In other words, it fails to take into account that focussing narrowly on "the most profitable business model(s) of cost versus public value" is short-sighted, because by definition, "not to focus on the use of open standards per se" means allowing closed standards. And so the long-term costs are going to be greater because of vendor lock-in. In fact, Gartner itself says this:

To facilitate evolution over time and to support the migration from one standard to another and to avoid vendor lock-in it is therefore paramount to design for support of multiple standards.

But it confuses multiple standards of any kind with multiple open standards. There are no easy migrations between different closed standards, or closed standards and open ones. "To facilitate evolution over time", *all* the standards must be open.

Around this deeply flawed core thesis, the rest of the report reads like a puff for Gartner's methodology - including its tiresomely pretentious Hype Cycle (talk about hype). Pretentious and useless: at the "Peak of Inflated Expectations" it places - wait for it - IPv6. I hate to break it to Gartner, but IPv6 passed through that stage about eight years ago.

Give that the IDABC, which commissioned this study (who knows why) has hitherto been pretty sensible on open standards, we can only hope they consign this whole report to the bin where it belongs. To help it on its way, do sign the petition and send your (polite) comments to the IDABC before September as they have specifically requested:

Everyone who sees interoperability as an effective means to come to better pan-European eGovernment services is invited to read the document and reflect on its content.

IDABC is interested in your reactions.

A summary of reactions (that reach us before September 15, 2007) will be published on the IDABC web-site (http://ec.europa.eu/idabc) and will constitute another input into the revision process.

Really, an offer we can't - daren't - refuse.

Update: As I signed the petition I noticed that it insists on a full physical address - country isn't enough. This seems foolish to me, and is likely to lead to people not signing. Unless they were to enter random information in the unnecessary fields....

More Grist for the (Circumscribed) Copyright Mill

Although doing away with copyright altogether is probably not such a hot idea - after all, the GNU GPL, and the edifice of free software it supports, depends on it for its efficacy - there is increasing evidence that we should be limiting its scope.

Here's some more:

The 2001 Information Society Directive (2001/29/EC) is introduced thus: “If authors or performers are to continue their creative and artistic work, they have to receive appropriate reward for the use of their work…” (Recital 10). “A rigorous, effective system for the protection of copyright and related rights is one of the main ways of ensuring that European cultural creativity and production receive the necessary resources and of safeguarding the independence and dignity of artistic creators and performers”(Recital 11).

This study shows quite conclusively that current copyright law has empirically failed to meet these aims. The rewards to best-selling writers are indeed high but as a profession, writing has remained resolutely unprosperous.

Interestingly,

Compared to the UK, writers’ earnings are lower and less skewed in Germany. This may reflect a more regulated environment for copyright contracts in Germany. It may also reflect the globalised nature of English language markets.

More about the study, and links to its consituent parts can be found on this page.

The Open Library Opens Its Doors

What if there was a library which held every book? Not every book on sale, or every important book, or even every book in English, but simply every book—a key part of our planet's cultural legacy.

First, the library must be on the Internet. No physical space could be as big or as universally accessible as a public web site. The site would be like Wikipedia—a public resource that anyone in any country could access and that others could rework into different formats.

Second, it must be grandly comprehensive. It would take catalog entries from every library and publisher and random Internet user who is willing to donate them. It would link to places where each book could be bought, borrowed, or downloaded. It would collect reviews and references and discussions and every other piece of data about the book it could get its hands on.

But most importantly, such a library must be fully open. Not simply "free to the people," as the grand banner across the Carnegie Library of Pittsburgh proclaims, but a product of the people: letting them create and curate its catalog, contribute to its content, participate in its governance, and have full, free access to its data. In an era where library data and Internet databases are being run by money-seeking companies behind closed doors, it's more important than ever to be open.

Fine words, but turning them into reality is a monstrous undertaking. Not because any of the required technologies are that difficult to develop or implement, but simply because the current hypertrophied copyright system makes it impossible.

At best, the Open Library will provide us with a bunch of public domain texts like Project Gutenberg, but prettified, plus what looks like a wikified catalogue with tantalising info about all the other books we can't read online.

That's all great to have, and kudos is due to all those behind the project, but is but a pale imitation of what we could - should - have if copyright did its job of encouraging new creation, and got out of the way of such laudable projects.

Open Legislation

Given that it's clear what the source code of democracy is - its laws - an obvious thing to try would be to apply open source techniques to the process of drawing up legislation:

"In the world of open source, your contribution, vetted and approved by your peers, gets committed into the mainline in a completely transparent and accountable process," Amanda McPherson, director of marketing Email Marketing Software - Free Demo for the Linux Foundation, told LinuxInsider.

"If Joe Citizen could impact and view the legislative process in the way a Linux developer can, I believe the result would be superior legislation," she said. "Lawmakers would be judged on results, those with the most and best to contribute could do so, and special-interest groups working selfishly would be exposed."

Moreover, there's a technology just waiting for this kind of approach:

"Laws go through all kinds of markups, changes and amendments," Leyden said. "The process has evolved from making those changes on parchment to at least using word-processing documents, but it's not that big a step to think of moving to the next generation of tools and crafting a whole piece of legislation on a wiki."

Interestingly, one of the main voices quoted in these two articles on open legislation is Eben Moglen who - quite unsurprisingly - has many insightful comments on the idea. Yet another reason to read them.

The State of the Citizen Media Nation

The undisputed doyen of citizen media - aka open journalism - is Dan Gillmor. He's just published a splendid review of the field that is positively stuffed to the gunwales with links to the main sites and stories in this field. In fact, I'd go so far as to say that this is now the single best place to start for those wishing to understand open journalism.

Why We Need a Knowledge Commons

Here's a neat device:

With Exbiblio, you have seamless, direct access to digital information and the world of the Internet. Imagine once again that you are reading your newspaper, but instead of tearing out an ad or article, writing a reminder or recording a voice message, you use your portable, hand-held scanner to capture just a snippet from the article or ad, swiping it across the text as if using a highlighter.

When you connect your Exbiblio scanner to the digital world -- for example, by wirelessly connecting to the "smart" phone or PDA you are carrying -- the Exbiblio solution instantly searches for the information you have captured, and digital versions of the paper document are found and stored.

Sounds cool - but it depends critically on having free access to that cloud of information. In other words, it depends on the existence of a readily accessible knowledge commons that it can draw upon seamlessly. If such devices had to pay for every snippet they pull down, the knock-on cost and infrastructural complexity required to keep track of who is demanding their shilling will kill it. (Via Open Access News.)

Net Radio: Death or Dishonour?

Well, look at this. After all the high drama about the imminent death of Net radio because of the exorbitant licensing rates being demanded, we have an interesting twist:

SoundExchange announced yesterday new terms of a proposal to address the concerns regarding the minimum fees for webcasting set by the Copyright Royalty Judges (CRJs).

Under the new proposal, to be implemented by remand to the CRJs, SoundExchange has offered to cap the $500 per channel minimum fee at $50,000 per year for webcasters who agree to provide more detailed reporting of the music that they play and work to stop users from engaging in “streamripping” – turning Internet radio performances into a digital music library.

In other words, we won't kill you provided you enslave yourself and your listeners through DRM'd music. (Via Ars Technica.)

Good Code, Ugly Code, Open Code

And talking of 0.01 code and self-deprecation:

I have released AjaxLife’s (very ugly and hackish) code under the revised BSD license. :D

You can find it at http://code.google.com/p/ajaxlife/. As it says, the code is messy. But eh.

That’s what you get when you throw something together over the weekend in a language you don’t know. And for added fun, part of the code was lost at some point (file corruption) and had to be recovered by decompiling. So, as I said. Ugly code. :p

Well done Linus, er, Katharine.

Not Really Patent At All

Hmm, I'm not really clear what's going on with this "European Interoperability Patent" (EIOP) stuff:

Essentially, it is an idea that is based on what he calls the concept of “soft IP”, which, he says, is encapsulated within the Blue Skies strand of the EPO’s Scenarios project. The EIOP would be an EU-wide patent granted by the EPO that would be “open”. In other words, EIOP owners would not be able to get injunctive relief – either preliminary or permanent in cases of infringement; instead, EIOP owners would effectively be signing up to the concept of licences of right, so that anyone who wanted to use a patent would be able to do so as long as an appropriate licensing fee was paid (it is a concept that exists under the laws of some European countries already, including the UK). If a fee could not be agreed, then the matter would go to the courts, which would adjudicate on what amount would be reasonable.

Actually, I can understand where IBM is going with this, but I'm less sure about the FFII on the basis of the following hints:

“The FFII has a new leadership and we think that it has changed, and become more mature. The FFII is critical if Europe is going to develop as somewhere in which to build a patent system that can exist in a more facilitative and less conflicting nature with open innovation models … the FFII has influence and a strong voice; something it proved in the CII debate. We feel there is now an opportunity to engage and have a constructive dialogue.”

CII refers to the dreaded "computer-implemented invention", and is basically a trick to get European software patents in through the back door. I do hope that the FFII is not going to do something silly. I obviously need to investigate further. (Via The Inquirer.)

This is GOOD SCIENCE!

"Open notebook science" is a great term devised by Jean-Claude Bradley - great, because it makes explicit exactly where you can find, read and hack the source code that underlies open science. One of the best observers of that world, Bill Hooker, has an interesting comment on a fellow researcher's adoption of the open notebook approach:

It's also, to be honest, just plain fun to snoop around in someone else's lab notes! I was amused to note that Jeremiah talks to and about himself in his notebook, the same way I do -- "if I weren't so stupid I'd...", "next time load the control first, doofus", etc. I wonder if everyone does that?

Now, where have I heard this sort of thing before?

This is GOOD CODE!

Yeah, yeah, it's ugly, but I cannot find how to do this correctly, and this seems to work...Most of this was trial and error...Urghh

The programming comments of a very young Linus Torvalds as he hacked version 0.01 of a little program called Linux during the summer of 2001. Coincidence? I don't think so....

Open Source and Happiness

What has this got to do with open source and openness in general?

"Countries that have most closely followed the Anglo-Saxon, strongly market-led economic model show up as the least efficient," commented Nef's policy director, Andrew Simms.

"These findings question what the economy is there for. What is the point if we burn vast quantities of fossil fuels to make, buy and consume ever more stuff without noticeably benefiting our wellbeing?"

(Excercise left to reader).

Eee - I Want One

This looks very tasty:

The Asus Eee PC 701 notebook

* Display: 7"
* Processor: Intel mobile CPU (Intel 910 chipset, 900MHz Dothan Pentium M)
* Memory: 512MB RAM
* OS: Linux (Asus customized flavor)
* Storage: 8GB or 16GB flash hard drive
* Webcam: 300K pixel video camera
* Battery life: 3 hours using 4-cell battery
* Weight: 2lbs
* Dimensions: 8.9 in x 6.5 in x 0.82 in - 1.37 in (width x depth x thickness)
* Ports: 3 USB ports, 1 VGA out, SD card reader, modem, Ethernet, headphone out, microphone in

Even tastier is the price: with the dollar delightfully weak these days, we're talking just a smidge over a hundred quid each. Put me down for a brace.

Microsoft's Advertising Framework

This says it all, really:

An advertising framework may reside on a user computer, whether it's a part of the OS, an application or integrated within applications. Applications, tools, or utilities may use an application program interface to report context data tags such as key words or other information that may be used to target advertisements. The advertising framework may host several components for receiving and processing the context data, refining the data, requesting advertisements from an advertising supplier, for receiving and forwarding advertisements to a display client for presentation, and for providing data back to the advertising supplier. Various display clients may also use an application program interface for receiving advertisements from the advertising framework. An application, such as a word processor or email client, may serve as both a source of context data and as a display client. Stipulations may be made by the application hosting the display client with respect to the nature of acceptable advertising, restrictions on use of alternate display clients, as well as, specifying supported media.

In other words, every app running on Microsoft's advertising-enhanced OS will spy on you so that those nice advertisers can push junk in your face. Thanks, Microsoft. (Via Slashdot.)

A World Without Intellectual Monopolies...

...would be fine. And look, it's not just me:

The repeal of IP might create for it an additional cost of doing business, namely efforts to ensure that consumers are aware of the difference between the genuine product and impersonators. This is a cost of business that every enterprise has to bear. Patents and trademarks have done nothing to keep Gucci and Prada and Rolex impersonators at bay. But neither have the impersonators killed the main business. If anything, they might have helped, since imitation is the best form of flattery.

That was always true, but now there's another reason for believing it:

The Internet age has taught that it is ultimately impossible to enforce IP. It is akin to the attempt to ban alcohol or tobacco. It can't work. It only succeeds in creating criminality where none really need exist. By granting exclusive rights to the first firm to jump through the hoops, it ends up harming rather than promoting competition.

But some may object that protecting IP is no different from protecting regular property. That is not so. Real property is scarce. The subjects of IP are not scarce, as Stephan Kinsella explains. Images, ideas, sounds, arrangements of letters on a page: these can be reproduced infinitely. For that reason, they can't be considered to be owned.

BTW, the Stephan Kinsella paper referred to above, called simply "Against Intellectual Property", is also fantastic stuff. Good to know that the we few - we happy few - are growing in number. (Via Against Monopoly.)

IBM Opens Up AIX....Well, the Beta

What does AIX say to you? Correct: big, old, proprietary. And yet:

Openness, such as compliance with open standards, has always been an integral part of the AIX operating system (OS). The next release of AIX, Version 6.1, extends this openness to the product release process with the first ever AIX open beta. The open beta will allow a broad set of IBM clients to download and gain experience with AIX 6 before it becomes generally available.

An "open" beta for the next AIX release differs from the traditional beta in three key areas:

* Almost anyone who is interested will be able to download and install a pre-release version of AIX 6. By contrast, only a few clients would have the opportunity to test a new AIX release in a traditional beta.
* Participants in the open beta will not receive traditional support from IBM. Instead, you access a Web forum to discuss questions and issues.
* The only legal document required for participation in the open beta is a "click to accept" license agreement that clearly states all program conditions.

Well, I suppose that's progress. (Via The Inquirer.)

No EU Software Patents?

Hm, were this not on the European Patent Office's own site, I might have doubted its authenticity:

Where do we stand in the discussion about patents on computer-implemented inventions (CII patents) two years after rejection in the European Parliament? This was the perspective under which the EPO had invited members of the European Parliament, representatives from industry and enterprise, NGOs and IP specialists to review developments since the rejection of the CII directive.

The bottom line (literally)?

All speakers welcomed unequivocally the opportunity to discuss the issue at a high level and made clear that a new CII debate followed by legal modifications was neither necessary nor desirable.

Wearing my cynical journalist's hat, I suppose this might mean that companies in favour of software patents (like SAP, which emerges once again as the Big Baddie of Europe in all this), think they'll be able to squeeze through their wretched computer implemented inventions under the present scheme.

Still, the EPO story's headline "No revival of software patents debate" is a good marker to have. (Via Slashdot.)

The Language of Freedom

This is yet another reason why free software is so important: it lets people take their control of their linguistic destiny, liberating them from the money-based decisions of companies who have no interest in such matters.

OpenOffice.org 2.3 is scheduled to be released in early September and will include locales for:

* Sango - Marcel Diki-Kidiri
* Lingala - Denis Moyogo Jacquerye
* Luganda - Martin Benjamin (and others)
* English (Ghana) - Paa Kwesi Imbeah

For speakers of these languages, an estimated 5,5+ million people, this work has impact in that they can for the first time correctly choose dates and times for their language and country and adjust the behaviour of OpenOffice.org to cater for other cultural conventions.

But more critically in the long term it means that they can now create documents correctly tagged as having being written in that language. For most Africans who do not have locale support for their language they will traditionally write the document in their language while the computer assumes it is written in American English. While this works it is causing inestimable long term damage; search engines cannot find Lingala documents, we cannot draw text from Sango documents to help build spell checkers or do language research. But now for these languages and for users using OpenOffice.org they can create documents correctly labeled and in the future help researchers and users of their content access it correctly.

The Word on the (Dutch) Street: OpenTaal

This is obviously good news, but I can't help finding the idea of an "official" spelling list rather quaint:

The OpenTaal project (Dutch for "OpenLanguage") has published the first open source word list to be certified by the Dutch Language Union as corresponding to official spelling. Simon Brouwer, project leader of OpenTaal, says, "This is a milestone. Users of open source software can trust their Dutch spell checker now. They have the guarantee that their word list is consistent with the official spelling."

...

In 2005, the Dutch language area got new spelling, which consists mainly of corrections to the spelling of 1995. Starting in August 2006, the new spelling would be mandatory for the government and schools. This revived the project of creating an open source word list. At the end of 2005 the Dutch government program Open Standards and Open Source Software (OSOSS) initiated the OpenTaal project to coordinate the various Dutch open source projects that had an interest in the new spelling, with the aim of developing a Dutch word list conforming to the new spelling. This would give users of open source software like OpenOffice.org, TeX, Thunderbird, and Firefox an up-to-date spell checker. OSOSS contacted the Dutch Language Union, which agreed to assist the project.

A Theory of Optimal Copyright

There have been plenty of arguments over copyright and what an appropriate term for it should be, but, to my knowledge, precious few mathematical theories, especially those that take into account the impact of digital technologies.

Enter Rufus Pollock, with his splendid paper Forever Minus a Day: Some Theory and Empirics of Optimal Copyright. And if you get the feeling from the title that this may not be exactly beach literature, you are probably right:

Take any exogenous variable X which affects the welfare function (whether directly and/or via its effect on production N). Assuming that the initial optimal level of protection is finite, if d2W/dXdS is positive then an increase (decrease) in the variable X implies an increase (decrease) in the optimal level of protection.

Go that? Well, get this, at least:

Using a simple model we characterise optimal term as a function of a few key parameters. We estimate this function using a combination of new and existing data on recordings and books and find an optimal term of around fourteen years. This is substantially shorter than any current copyright term and implies that existing copyright terms are non-optimal.

Non-optimal: there you have it in a nutshell. (Via Boing Boing.)

Why Biofuels Are Bonkers, Part 3875

I knew biofuels were environmentally bad news, but it seems that they are even worse than I imagined:

Glub, glub. The plant consumes over a million kilos of corn per day. That’s good news for area farmers especially as the price has almost doubled due to high demand. The bad news is that our current agricultural system is petroleum-soaked. Chemical pesticides and fertilizers, machinery, irrigation pumps, and grain transport all depend on the stuff. Sustainable Table reports that each acre of corn, just in chemical pesticides and fertilizers, requires 5.5 gallons of petroleum .

Glub, glub. The plant uses 275 tons of coal a day, trucked down from Wyoming. Five rail cars, powered by diesel engines, head east with the finished ethanol each day.

Shluurrp. The plant uses 600,000 gallons of water every day to produce 150,000 gallons of ethanol. This water figure doesn’t account for pumped irrigation water (requiring petroleum) during corn cultivation.

So, nominally bio-friendly biofuels actually require lots of concretely polluting petrol and coal in order to be manufactured. So, wouldn't it just be easier to spend a little more time working on electric cars, renewable energy, you know, all that boring old stuff that might actually mitigate things, instead of creating this Escheresque staircase of pointless energy transmutation?

BBC Listens - or Pretends To...

Good to hear:

The BBC Trust has asked to meet open source advocates to discuss their complaints over the corporation's Windows-only on demand broadband TV service, iPlayer.

The development came less than 48 hours after a meeting between the Open Source Consortium (OSC) and regulators at Ofcom on Tuesday. Officials agreed to press the trust, the BBC's governing body, to meet the OSC. The consortium received an invitation on Wednesday afternoon.

Since they had to be shoved into doing this by Ofcom, I somehow can't see the BBC actually doing anything as a result. But I'm willing to be proved wrong.