The End of the Copyright Ratchet/Racket?

Will this response from the UK Department for Culture, Media and Sport go down in history as the great turning point for copyright, when the constant extension ratchet was halted and eventually reversed?

Maybe I'm an incurably optimist, but I have to say I was pretty impressed by the generally sane tone of this document after years of industry-driven exaggeration about "piracy" and such-like. The best demonstration of this comes right at the end, where the earlier proposal by the House of Commons Culture Committee to extend the term of copyright in sound recordings is discussed. Here's what the report has to say:

The Government appreciates the work of the Committee and the deliberation it has given to this subject. As the Committee noted,the independent Gowers Review also considered this issue in detail and recommended that the European Commission retain a term of protection for sound recordings and performers of 50 years. The Review undertook a detailed analysis of all the arguments put forward,including the moral arguments regarding the treatment of performers. It concluded that an extension would not benefit the majority of performers,most of whom have contractual relationships requiring their royalties be paid back to the record label. It also concluded that an extension would have a negative impact on the balance of trade and that it would not increase incentives to create new works.Furthermore,it considered not just the impact on the music industry but on the economy as a whole,and concluded that an extension would lead to increased costs to industry,such as those who use music – whether to provide ambience in a shop or restaurant or for TV or radio broadcasting – and to consumers who would have to pay royalties for longer. In reaching such conclusions,the Review took account of the question of parity with other countries such as the US,and concluded that,although royalties were payable for longer there,the total amount was likely to be similar – or possibly less – as there were fewer revenue streams available under the US system.

This is doubly important, because it will have important knock-on effects beyond the UK. As Becky Hogge of the Open Rights Groups rightly points out:

This is significant, since the UK government is likely to have a disproportionately loud voice on this issue both because it is home to the most lucrative recording industry in Europe and because it has taken the time to review this issue in detail.

So we have the prospect of Europe following the UK's lead in halting the constant copyright extension. This, in its turn, will help to put a brake on such copyright extensions around the world, since there will no longer be the argument that "eveyone else is doing it, we must follow suit". Maybe it's too much to hope that in due course copyright terms will start to be reduced - but then, as I said, I'm an incurable optimist.

Open Source Food

Programs are sets of instructions - rather like recipes. So if you can have open source code, why not open source food:

Open Source Food came to fruition because me and my father wanted to create a place for people like us. We’re not professional cooks, we just love food. We want to share, learn and improve ourselves with the help of like-minded food lovers. Open Source Food is a platform for that.

Truly right-on, not only does it adopt CC licences for the content, it warns:

Please be aware that in legal terms, recipes count as a method or technique and therefore cannot technically be copyrighted.

Mind you, that hasn't stopped some sad individuals from trying. (Via eHub.)

Alfresco: Open Source Barometer

The enterprise content management company Alfesco has cropped up a few times on these pages. It's increasingly clear to me that it is one of the leaders of the second-generation open source companies that are starting to make their mark in the wider world of business software - not least because it employs the one-man open source powerhouse that is Matt Asay.

A further sign of Alfresco's importance in this sector is the appearance of its Open Source Barometer:

The Alfresco open source barometer is a survey, conducted April through June 2007, using opt-in data provided by 10,000 of the 15,000 Alfresco community members with the aim of providing a global survey of trends in the use of open source software in the enterprise.

Users were asked about their preferences in operating systems, application servers, databases, browsers, and portals to capture the latest information in how companies today evaluate and deploy open source and legacy proprietary software stacks in the enterprise.

The report is valuable, because it's based on a serious, if necessarily skewed, sample size. Two results stand out: that people increasingly are developing on Windows, and then deploying on GNU/Linux (something I'd noticed too), and that the UK lags behinds other countries as far as Alfresco's products are concerned:

The survey found that the U.S. is leading open source adoption globally. We believe the Global 2000 is seeking innovation and better value for their technology investments whereas in Europe open source adoption is often driven by governments seeking better value for their citizens. The research also showed that the U.K. lags behind in the adoption of open source suggesting less government emphasis compared with other European countries such as France, Germany, Spain and Italy.

Apparently the survey will appear every six months, which is good news: tracking changes in its results should prove fascinating.

Not-So-Rough Trade

As I and a few other enlightened individuals have been banging on about for some time, allowing digital files to be copied is not the end of business - just of business as usual. Essentially, people selling physical things - like books or CDs - need to recognise the differences from digital ones, and build on them positively.

Here's a good example:

At a time when CD price wars and music downloads are putting entire High Street chains at risk, independent retailers Rough Trade are opening what they say is the country's biggest music-only specialist store.

...

Despite the company's niche reputation, he feels it can fulfil what he sees as the "enormous demand" for a shop that offers expertise and can recommend music with authority - and he doesn't think downloads are killing the CD.

"With this store, we feel there's a dormant music shopper out there who's not buying music from the High Street simply because they don't like High Street retailers, not because they've gone off physical formats," he says.

"If anything, the people I talk to appreciate vinyl and CDs more than ever in this digital age. It's just that they've gone off the way it's sold.

Exactly. Shops are about the experience of shopping, not just of buying. Similarly, CDs and other analogue obejcts are about the experience of having and holding such objects, not just what they contain. As the new Rough Trade shop shows, some people are beginning to get this. (Via TechDirt.)

Open Bebo: Boss Still Doesn't Get It

Well, it had to happen:

Social networking site Bebo is likely to follow Facebook's lead and open up its site to developers to create applications that work within the site.

Mind you, the following comment is so wide of the mark, that it makes you wonder whether Michael Birch, Bebo's chief executive, really understands why he's opening up, and what it really means:

"Obviously in social networks there's this conflicting thing of control, of being a closed network and us making all the money, and then opening up to the greater good of the social network.

No, no, no: opening up is how you make even more money, you twit. (Via Antony Mayfield).

Good or Evil, Google At Least Does Openness

Although much of the shine has worn off the Google halo, there's no denying that, regardless or whether its acting purely from altruistic motives (probably not), it certainly gets the benefits of openness:

Google announced today that should the Federal Communications Commission adopt a framework requiring greater competition and consumer choice, Google intends to participate in the federal government’s upcoming auction of wireless spectrum in the 700 megahertz (MHz) band.

In a filing with the FCC on July 9, Google urged the Commission to adopt rules for the auction that ensure that, regardless of who wins the spectrum at auction, consumers' interests are served. Specifically, Google encouraged the FCC to require the adoption of four types of "open" platforms as part of the license conditions:

* Open applications: Consumers should be able to download and utilize any software applications, content, or services they desire;
* Open devices: Consumers should be able to utilize a handheld communications device with whatever wireless network they prefer;
* Open services: Third parties (resellers) should be able to acquire wireless services from a 700 MHz licensee on a wholesale basis, based on reasonably nondiscriminatory commercial terms; and
* Open networks: Third parties (like internet service providers) should be able to interconnect at any technically feasible point in a 700 MHz licensee's wireless network.

Today, as a sign of Google’s commitment to promoting greater innovation and choices for consumers, CEO Eric Schmidt sent a letter to FCC Chairman Kevin Martin, stating that should the FCC adopt all four license conditions requested above, Google intends to commit a minimum of $4.6 billion to bidding in the upcoming 700 MHz auction.

This could get interesting.

Open Source Self-Governance

A little while back I wrote about the idea of using wikis for open government. Peter Suber - about whom Bill Hooker commented recently "not a sparrow falls in the OA world but PS knows about it!" - emailed me with some interesting news about an earlier project of his called Nomic:

Nomic is a game I invented in 1982. It's a game in which changing the rules is a move. The Initial Set of rules does little more than regulate the rule-changing process. While most of its initial rules are procedural in this sense, it does have one substantive rule (on how to earn points toward winning); but this rule is deliberately boring so that players will quickly amend it to please themselves. The Initial Set of rules, some commentary by me, and some reflections by Douglas Hofstadter, were published in Hofstadter's "Metamagical Themas" column in Scientific American in June of 1982. It was quickly translated into many European and Asian languages. Games were regularly played, and kicked off, the ARPANET, the Defense Department network which sired the Internet. Nomic has been used to stimulate artistic creativity, simulate the circulation of money, structure group therapy sessions, train managers, and to teach public speaking, legal reasoning, and legislative drafting. Nomic games have sent ambassadors to other Nomic games, formed federations, and played Meta-Nomic. Nomic games have experienced revolution, oppressive coups, and the restoration of popular sovereignty. Above all, Nomic has been fun for thousands of players around the world. For me, it was intended to illustrate and embody the thesis of my book, The Paradox of Self-Amendment, that a legal "rule of change" such as a constitutional amendment clause may apply to itself and authorize its own amendment. (Nomic is the third appendix of the book.)

The connection with open governance is clear. Peter passed on the news that people are trying to apply a Nomic-based approach to open source:

Just last week, by chance, a total stranger proposed a Nomic-variant as a serious system of "Open-Source Self-Governance" (his words).

Here's what that site has to say about the project, which is called Efficasync:

Efficasync is a method of open-source self-governance, where all the members of a group have the ability to examine, discuss and modify their group’s set of operational goals, reasonings, constraints, procedures and arrangements. In computer lingo, each member of such a group has both ‘read’ and ‘write(2)’ permissions to this set of governing statements. As demonstrated by the previous two lines, this document occasionally recasts a few traditional views of governance into a computer programmer’s frame of reference. The programmer’s paradigm holds a new, and potentially valuable, perspective for democratic governance. This document’s purpose is to describe a specific way, based on this new perspective, that a directly-democratic group’s governing infrastructure could be arranged. In doing this, the three main components which constitute Efficasync are explained: a Nomic, a particular graphical interface, and a starting set of ‘rules.’ This document was written with the intention of presenting a prototype for emulation and extension by groups wishing to operate as open-source selfgoverning entities.

Fascinating stuff.

In Your Face

Has everyone gone Facebook mad? It certainly seems so, and apparently I'm not the only one to think so. But whatever your views of Facebook now, it looks increasingly likely that it's going to be very big.

As I mentioned recently, the first sign that it had aspirations to being more than just another social network was when it opened up its platform. Now, it has underlined the platform aspect by purchasing Parakey.

Who? you might well say. Well, this might give you a hint of why it's an interesting move:

Parakey is intended to be a platform for tools that can manipulate just about anything on your hard drive—e-mail, photos, videos, recipes, calendars. In fact, it looks like a fairly ordinary Web site, which you can edit. You can go online, click through your files and view the contents, even tweak them. You can also check off the stuff you want the rest of the world to be able to see. Others can do so by visiting your Parakey site, just as they would surf anywhere else on the Web. Best of all, the part of Parakey that’s online communicates with the part of Parakey running on your home computer, synchronizing the contents of your Parakey pages with their latest versions on your computer. That means you can do the work of updating your site off-line, too. Friends and relatives—and hackers—do not have direct access to your computer; they’re just visiting a site that reflects only the portion of your stuff that you want them to be able to see.

Interested? You should be.

In explaining Parakey, Ross cuts to the chase. “We all know ­people…who have all this content that they are not publishing stored on their computers,” he says. “We’re trying to persuade them to live their lives online.”

"Live their lives online": well, that explains why Facebook bought the outfit. Among other things, Parakey will let Facebook users twiddle endlessly with their profiles even when they're offline.

Oh, and that "Ross" is Blake Ross, one of the moving forces behind Firefox. Parakey is based on Firefox technology, and will be (partly) open source. Assuming that Facebook keeps those parts open source (and it's hard to see how it could avoid doing so without rewriting the code from scratch), that means that Facebook could well become something of an ally for free software.

Well, I suppose that's a good reason to join the Facebook stampede.

Your Money or Your Life

Remember patents? They're those things that are supposed to promote innovation. Take surgeons, for example: they would never invent new ways of saving lives without some kind of financial incentive to do so - I mean, why should they?

So it's only logical that patent lawyers should be encouraging surgeons to patent anything that might save lives:

"What it does is it provides something for other companies to work around. The patent is out there. It's wide open. The whole world looks at it and thinks, 'How do I get around it?' That inspires more creativity and more development," Raciti said.

Well, that's logical: let's put obstacles in the way of people trying to save lives - it's more of a challenge.

The medical community is weary. "It's not clear that providing a monopoly over a certain process promotes innovation in the field of patient care delivery," said Aaron Kesselheim, a patent attorney and doctor who conducts health policy research at Brigham and Women's Hospital in Boston.

"The legal concern is that physicians won't do something because they're concerned that somebody will sue them, and if that affects the care that they are trying to provide to the patients, then that's a negative," he said.

Sometimes you get the impression that patent lawyers really want to hated. (Via TechDirt.)

Selling Off the Family Spectrum Commons

Radio frequencies form a commons for each country. Mostly these have been enclosed through auctions selling them to the highest bidder. Whether that's a good idea is another matter, but assuming for a moment that you think it is, at the very least you'd try to get plenty of dosh for this precious resource.

Well, according to this fascinating, and extremely thorough, paper, that didn't happen in the US:

According to calculations presented in this paper, since 1993, the government has given to private interests as much as $480 billion in spectrum usage rights without public compensation. That comes to more than 90 percent of the value of spectrum usage rights it has assigned from 1993 through the present.

Now, admittedly "as much as $480 billion" includes zero, but I don't think that's the case here. We're talking about hundreds of billions of dollars that the US public won't be getting. Which means that there are some companies - and corporate fatcats - who are richer by the same amount.

So, how about if we start treating like a commons instead? That way, you can be sure that everyone gets their fair share - unlike the situation in America.

Virtual Stars, Real Stars

For anyone who is sceptical about the possibilities of Second Life - and virtual worlds in general - point them at this rather impressive video. It is a recreation, in 3D, of Van Gogh's Starry Night, which grows before our eyes. Interesting to note, too, that if copyright lasted for ever (even minus a day), this kind of creative re-use would never be possible.

Moo Goes Sticky

Those irrepressible harvesters of the commons have added stickers to their range. All the wonderful features of Moo cards are there, including being able to pick and crop every image individually.

(Almost) Admiring Miro

I'm not a big fan of IP TV. After all, the Net is essentially everything TV isn't - interactive, non-linear, intelligent (well, some of it). But if you really must watch TV-like things online, the best thing to do is to check out Miro - the new name for Democracy Player (which always struck me as misleading). Speaking as a non-connoisseur of these things, it seems to do everything it should, it looks pretty cool - and it's free software. But only if you absolutely must.

The (Open) Source of Red Hat's Success

Continuing his great series of interviews with key people in the world of business open source, Matt Asay (does this man never sleep?) talks to Matthew Szulik, CEO of Red Hat. I wrote a lot about Red Hat in the early days, but I've not followed it so closely recently (bad boy), so it was fascinating to get an update on what is arguably the most successful and most important open source company. In particular, I found this revealing:

In sum, our belief is that the best management is the peer process, just as in open source. If you measure up to your peers at Red Hat, you thrive. If you don't, you either change or self-select out. When you find people that can do things in an "honest way," without a mercenary view of their assignment, you win. A lot of people don't like this approach, and they leave.

In other words, the best way to run an open source company is to use the open source methodology. Imagine that.

Seeing the Power of the Visual Commons

I've written before about Microsoft's Photosynth, which draws on the Net's visual commons - Flickr, typically - to create three-dimensional images. Here's another research project that's just as cool - and just as good a demonstration of why every contribution to a commons enriches us all:

What can you do with a million images? In this paper we present a new image completion algorithm powered by a huge database of photographs gathered from the Web. The algorithm patches up holes in images by finding similar image regions in the database that are not only seamless but also semantically valid. Our chief insight is that while the space of images is effectively infinite, the space of semantically differentiable scenes is actually not that large. For many image completion tasks we are able to find similar scenes which contain image fragments that will convincingly complete the image. Our algorithm is entirely data-driven, requiring no annotations or labelling by the user.

One of the most interesting discoveries was the following:

It takes a large amount of data for our method to succeed. We saw dramatic improvement when moving from ten thousand to two million images. But two million is still a tiny fraction of the high quality photographs available on sites like Picasa or Flickr (which has approximately 500 million photos). The number of photos on the entire Internet is surely orders of magnitude larger still. Therefore, our approach would be an attractive web-based application. A user would submit an incomplete photo and a remote service would search a massive database, in parallel, and return results.

In other words, the bigger the commons, the more everyone benefits.

Moreover:

Beyond the particular graphics application, the deeper question for all appearance-based data-driven methods is this: would it be possible to ever have enough data to represent the entire visual world? Clearly, attempting to gather all possible images of the world is a futile task, but what about collecting the set of all semantically differentiable scenes? That is, given any input image can we find a scene that is “similar enough” under some metric? The truly exciting (and surprising!) result of our work is that not only does it seem possible, but the number of required images might not be astronomically large. This paper, along with work by Torralba et al. [2007], suggest the feasibility of sampling from the entire space of scenes as a way of exhaustively modelling our visual world.

But that is only feasible if that "space of scenes" is a commons. (BTW, do check out the paper's sample images - they're amazing.)

Jathia’s Wager: Open Source Cinema

Maybe because films remain glamorous to some, applying open source ideas to cinema seems to be a perennial favourite. Here's another one, Jathia’s Wager:

Jathia’s Wager is a science fiction story about a young man living in an isolated community of humans, who must make a life changing decision about his future and his species.

Details of its open process:

Step 1: Initial Script is put online, press releases are issued and project is announced to the world (COMPLETED )

Step 2: Script changes and alternative versions are submitted and “hashed out in the forums.” Community votes (hopefully via digg if the community embraces this) on the scripts they like the most.

Step 3: Top 5 scripts are chosen from voting and resources (if you add tons of impossible effects, but no one donates resources to create those, then there’s not much we can do) and posted on the site.

Step 4: Casting / scene scouting starts in Los Angeles (of course everyone is free and encouraged to shoot their own versions as well). Videos and casting stuff will be posted online for the community to contribute to.

Step 5: Shooting, all raw video files are uploaded for the community to edit.

Step 6: Post production, editing, finishing touches, DVD authoring.

Step 7: 5 official versions of the same film are released. Links and posts to all derivatives will be posted in the forums and we’ll have successfully made a collaborative, open-source film that anyone can remake, reedit or reinterpret.

An Unintended Act of Open Government

Although unintentional in this case, here's a good example of why we need open government:

"Big Brother" plans to automatically hand the police details of the daily journeys of millions of motorists tracked by road pricing cameras across the country were inadvertently disclosed by the Home Office last night.

Leaked Whitehall background papers reveal that Home Office and transport ministers have clashed over plans for legislation this autumn enabling the police to get automatic "real-time" access to the bulk data from the traffic cameras now going into operation. The Home Office says the police need the data from the cameras, which can read and store every passing numberplate, "for all crime fighting purposes".

Thank goodness there won't be any function creep.

More Parallel Universes

Some while back I wrote a piece called "Parallel Universes" looking at the surprising similarities between the world of open source and open access. So I was interested to see that there's trouble 't mill over the use and misuse of the term "open access":

I don't know and I don't care what [Nature editor] Maxine means by "open" or "free". I care what the BBB [Budapest-Bethesda-Berlin] Declarations mean. Peter is not defining terms however he likes; he is working with published, widely accepted definitions. He is well within his rights to expect that other people will indeed use the same definitions: that is, after all, the point of having developed and published them. Nature does NOT have "many open access projects and products", it has one (barely) OA journal and the excellent Precedings, together with a number of commendable free-to-read initiatives (blogs, Nature Network, the various free-to-read web special collections, etc). "Open Access" is not a fuzzy buzzword that Maxine is free to define as she sees fit, and if she is going to start abusing it as marketing for Nature then she most certainly does need telling off.

Which is all rather similar to a discussion taking place in the computer world about who has the right to call themselves "open source".

Green Government, Open Government

Talking of open government:

To Chance in particular, and the Greens in general, the promoting of FOSS is ultimately the promotion of the party's own values. Simply encouraging the use of FOSS in public institutions, he suggests, would improve government, "both because it would be more focused on a just, equitable, and sustainable future and because it would force government to be more open, transparent, and participatory. We suffer from an incredibly centralized, opaque, and disempowering government in England and Wales. We desperately need the participatory ethic of free software to transform government."

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.