Oooh-Er OA

This sounds slightly worrying:

After careful consideration, the Cushing/Whitney Medical and Kline Science Libraries have decided to end their support for BioMed Central's Open Access publishing effort. The libraries previously covered 100% of the author page charges which allowed these papers to be made freely available worldwide via the Internet at time of publication. This experiment in Open Access publishing has proved unsustainable. The libraries' support will continue for all Yale-authored articles currently in submission to BioMed Central as of July 27, 2007.

The libraries’ BioMedCentral membership represented an opportunity to test the technical feasibility and the business model of this OA publisher. While the technology proved acceptable, the business model failed to provide a viable long-term revenue base built upon logical and scalable options. Instead, BioMedCentral has asked libraries for larger and larger contributions to subsidize their activities. Starting with 2005, BioMed Central page charges cost the libraries $4,658, comparable to a single biomedicine journal subscription. The cost of page charges for 2006 then jumped to $31,625. The page charges have continued to soar in 2007 with the libraries charged $29,635 through June 2007, with $34,965 in potential additional page charges in submission.

Eeek: I wonder what the backstory to all this is?

Update 1: Matthew Cockerill, Publisher, BioMed Central, has put together a reply to Yale's points. But I can't help feeling that this one will run for a while yet.

Update 2: And here's the full analysis I should have done.

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.)

Parallel Universes?

Now, where have I heard this before?

Free and open source software (FOSS) has roots in the ideals of academic freedom and the unimpeded exchange of information. In the last five years, the concepts have come full circle, with FOSS serving as a model for Open Access (OA), a movement within academia to promote unrestricted access to scholarly material for both researchers and the general public.

"The philosophy is so similar that when we saw the success that open source was having, it served as a guiding light to us," says Melissa Hagemann, program manager for Open Access initiatives at the Open Society Institute, a private foundation for promoting democratic and accessible reform at all levels of society. Not only the philosophy, but also the history, the need to generate new business models, the potential empowerment of users, the impact on developing nations, and resistance to the movement make OA a near twin of FOSS.

Oh, I remember:

The parallels between this movement - what has come to be known as “open access” – and open source are striking. For both, the ultimate wellspring is the Internet, and the new economics of sharing that it enabled. Just as the early code for the Internet was a kind of proto-open source, so the early documentation – the RFCs – offered an example of proto-open access. And for both their practitioners, it is recognition – not recompense – that drives them to participate.

Great minds obviously think alike - and Bruce does have some nice new quotations. Read both; contrast and compare.

Sword Patents

Nice:

MercExchange has utilized its patents as a sword to extract money rather than as a shield to protect its right to exclude or its market share, reputation, good will, or name recognition, as MercExchange appears to possess none of these.

On the Open Road

One of the criticisms commonly levelled at free content is that it cannibalises existing paid-for content in a way that is economically unsustainable. So it's good to see this kind of development as a counter-example:

The founders of Wikitravel (www.wikitravel.org), the Webby Award-winning online travel guide, today announced the launch of Wikitravel Press (www.wikitravelpress.com), a company for publishing Wikitravel content in book form.

Wikitravel uses the wiki-based collaborative editing technology made popular by Wikipedia. Wikitravel guides are built on the principle that travelers often get their best information from other travelers. The website offers over 30,000 travel guides in seventeen languages, with over 10,000 editorial contributions per week. Wikitravel won the Best Travel Website category in the 2007 Webby Awards.

Wikitravel Press builds upon this extraordinary community participation to create continually updated, reliable guidebooks, combined, abridged or changed by paid editors, published on demand and shipped anywhere in the world. Wikitravel Press will hire book editors to assemble relevant destination guides, abridge or expand them, and do final copy-editing and fact-checking.

(Via Luis Villa's Blog.)

Open TTT and Openness

One of the central themes of this blog is that the ideas behind free software can be applied much more widely - indeed, that open source is really just the beginning of something much bigger. I've written about many of the experiments in applying open source ideas outside software, but there are now so many of them that it's hard keeping up.

So I was particularly pleased to find out about this extensive listing of such activities, put together by the Open TTT consortium, itself an interesting project in openness:

OPEN TTT is a EU-funded project (SSA-030595 INN7) that aims at bridging the separate worlds of technology transfer and open source software (OSS), by introducing novel methodologies for helping companies in the take up of technology and innovation and leveraging the peculiarities of the open access model. The approach is based on the creation of mini-clusters, interest-driven group of SMEs and the matching of suitable open source software adapted to the cluster needs. The project covers four thematic areas: Logistic & Transport, Industrial production, Energy & environment and Public Administrations. On these areas, suitable open source software will be examined and assessed, and a mediation will be created between companies interested in its use and software developers or commercial entities that provide suitable support.

Corrections and additions are welcome, apparently. (Via Carlo Daffara).

Pamela Samuelson on Copyright Reform

Here's a useful voice to have in the debate about copyright reform, Pamela Samuelson:

The Copyright Act of 1976 is far too long, complex, and largely incomprehensible to non-copyright professionals. It is also the work product of pre-computer technology era. This law also lacks normative heft. That is, it does not embody a clear vision about what its normative purposes are.

This article offers the author's preliminary thoughts about why copyright reform is needed, why it will be difficult to undertake, and why notwithstanding these difficulties, it may nonetheless be worth doing. It offers suggestions about how one might go about trimming the statute to a more managemable length, articulating more simply its core normative purposes, and spinning certain situation-specific provisions off into a rulemaking process.

Thirty years after enactment of the '76 Act, with the benefit of considerable experience with computer and other advanced technologies and the rise of amateur creators, it may finally be possible to think through in a more comprehensive way how to adapt copyright to digital networked environments as well as how to maintain its integrity as to existing industry products and services that do not exist outside of the digital realm.

Pity she's so defeatist:

The prospects of copyright reform are perhaps so dim that a reasonable person might well think it a fool’s errand to contemplate a reform project of any sort. It is, however, worth considering whether it would be a valuable project to draft a model copyright law, along the lines of model law projects that the American Law Institute as frequently promulgated, with interpretive comments and citations to relevant caselaw, or a set of copyright principles that would provide a shorter, simpler, more comprehensible, and more normatively appealing framework for copyright law.

Call me an incurable optimist, but I think we might aim a little higher....

Rock On, Amarok

Interesting:

Magnatune, a record label that uses a CC BY-NC-SA license for all releases (Magnatune founder John Buckman is also on the CC board), has just hired free software developer Nikolaj Hald Nielsen to work on Amarok, a free software media player.

While software and services companies for years have hired many free software developers to continue to work on their free software projects and employees of open content companies have contributed to free software projects, this may be the first time an open content company has hired a free software developer to work on the developer’s free software project.

I suspect this will be the first of many such hires. Open content companies are growing and often are highly dependent on free software for infrastructure and end user services.

I agree: as open content becomes more of an economic force we can expect the synergy between it and open source to become more explicit.

Google's Choice of Hercules

Further to yesterday's post about a call to respect free use of copyrighted material, here's an interesting point about Google's participation:

it certainly seems ironic that Google is being associated with this complaint, at the same time as they are putting putting highly misleading notices on scanned public domain works:

The Google notice, found as page 1 on downloadable PDFs of public domain works available via Google Book Search, "asks" users to:

Make non-commercial use of the files. We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes...

Maintain attribution The Google “watermark” you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it.

There is clear U.S. precedent that scanning a public domain work does not create a new copyright so there seems to be absolutely zero legal basis for restricting use or forcing users to preserve inserted per-page watermarks-cum-advertisements.

So, which side are you on, Google? (Via Michael Hart.)

Playing Fair with Fair Use

A straw in the digital wind?

Today, the Computer and Communications Industry Association -- a group representing companies including Google Inc., Microsoft Inc. and other technology heavyweights -- plans to file a complaint with the Federal Trade Commission, alleging that several content companies, ranging from sports leagues to movie studios to book publishers, are overstepping bounds with their warnings. The group wants the FTC to investigate and order copyright holders to stop wording warnings in what it sees as a misrepresentative way.

A sign, at least, that people/companies are becoming more aware of fair rights issues:

Justin Hughes, a professor of law at Cardozo School of Law at Yeshiva University in New York, said the notion of fair use is expanding in the digital age, with consumers getting used to copying CDs, for example, as a gift for somebody. A difficulty with the concept of fair use is that while the Copyright Act establishes what fair use is, the application of the rules is still somewhat subjective, said Mr. Hughes. They call for courts to consider several factors ranging from the nature of the use -- such as whether it is public or private -- to whether the reproduced work had any effect on the market for the original.

Such questions are cropping up more in the context of the Internet. For example, Google is arguing its project to digitize the world's books and make snippets of them available on demand falls under fair use; the Authors Guild and a number of major publishers disagree and are suing the search engine. By contrast, most scholars agree that posting a straight clip of a television show, as some YouTube users do, doesn't fall under fair use. YouTube, which Google bought last year for more than $1.7 billion, quickly removes them once copyright holders complain.

PLoS ONE is (the) One

PLoS ONE celebrates its first anniversary:

The initial success of PLoS ONE is something unprecedented in scientific publishing. It has been achieved because of the commitment and faith of hundreds of people: PLoS staff, editorial and advisory board members, reviewers, authors and particularly readers. And yet this is only a very small step towards an open, interactive and efficient literature that will accelerate scientific progress. Over the coming months, we will take further steps with additional functionality on the site, new publishing ventures launching and established ones taking more advantage of the opportunities afforded by the TOPAZ platform on which PLoS ONE is presented.

PLoS ONE is undoubtedly a bold experiment, and it's good to see it going from strength to strength; whether it can change the way scientific discourse is conducted - opening it up in crucial ways - still remains to be seen. Let's hope so. (Via Open Access News.)

Acer: A Case-Study in How Not to Succeed

The Acer Aspire 5710Z has gone on sale in Singapore pre-loaded with Ubuntu Linux instead of Windows. Ubuntu is currently one of the world's most popular and easiest-to-use Linux distributions.

But a spokesperson for Acer told ZDNet.co.uk on Tuesday that the company — one of the world's top laptop manufacturers — had "no plans" to sell any Linux-based systems in the UK. "[Acer models] with Ubuntu pre-loaded are available at the factory level. However, there is no demand for it in the UK. Therefore, those configurations are not an option [for UK customers] at the moment," said the spokesperson.

Well, let's just compare that with Dell, shall we.

Dell creates a site where people can tell the company what it wants. People ask for Dell systems running Ubuntu, people get systems running Ubuntu in the US. People then ask for Dell systems running Ubuntu outside the US, and it looks like that may well happen.

Acer, by contrast, does not ask anyone what they want. As a result, it has no clue what anyone wants, but being a superior company that knows much better than mere customers what they want, it knows full well that people outside the US don't want Ubuntu running on their laptops - even though that is what they are telling Dell.

Guess which company I shall be buying from when Dell starts selling GNU/Linux systems in the UK? Guess which company I shall be recommending to people when they ask for advice about buying PCs in the UK? Guess which company can go and get knotted?

Update: Maybe there's hope.

Selling (Digital) Brooklyn Bridges

In a move that seems like a great model of public and private cooperation, the National Archives and Amazon.com have reached a pact under which Amazon will sell films and video footage gathering dust in the archives’ vaults. These videos and films, which capture some of our most intriguing and important moments in history, are already available at no charge to folks who want to visit the archives’ facilities in College Park, MD, but now they’ll become available to anybody via the Internet.

So let me get this straight. Amazon makes money selling digital copies of archive material, which is freely available, back to the people who own that material: and that's a great model? When will Amazon starting selling digital Brooklyn Bridges, I wonder....

Bleedin' Wonderful Blender

If you ever had any doubts about how amazingly wonderful the open source modelling package Blender was, take a peep at these highly impressive videos - made available as part of Tufts' opencourseware.

Darkness Visible

Yesterday I wrote about Knuth's wise words on software patents. In the course of trying to discover when exactly they were written (anyone know?) I found what seems to be the main source for it - a wonderful page entirely about patents and patent madness.

It only goes up to 2003, but nonetheless has lots of unusual links on the subject that are well worth exploring if, like me, you are a sad individual who finds this stuff both important and fascinating.

Farewell, Then, Lughenjo

We went public with Lughenjo four weeks ago, primarily to test our idea on a wider audience. Since then we have continued our conversations with social entrepreneurs and NGOs and worked on producing a business plan.

The feedback that we received was overwhelmingly that Lughenjo was a good thing for us to do. There were, however, two problems. Firstly it was not obviously something that The Economist Group should do. Secondly, and more importantly, it became clear that there was not an immediate demand for a knowledge network from NGOs and social entrepreneurs.

The upshot was that we would have had to force the creation of the network from a demand point of view as well as marketing it to potential donors. This would have put a barrier in the way of us being able to grow the community quickly and therefore monetising it.

Well, anybody worried about "monetising" something deserves to fail in my book. Shame on you Economist, whatever happened to style?

Let the Peoples Sing (Even if No One Listens)

Hey, music industry, I think the people formerly known as the audience are trying to tell you something:

Now in its fourth year, the survey - carried out by Entertainment Media Research in conjunction with media lawyers Olswang - found that 43% of UK consumers admitted to downloading music without paying for it, adding up to a hefty hike from 36% in 2006.

...

Commenting on the slowing growth of authorised downloads (up by just 15 per cent this year, compared to 40 per cent in 2006), Hart said that folks are donning their pirate’s hats and grabbing illegal downloads because official downloads are seen as too pricey.

The survey backs up that claim, with 84 per cent saying that older digital downloads should be made cheaper, while nearly half (48 per cent) said that they’d be happy to pay more for newer releases.

John Enser, Oslang’s head honcho of music, added: “The music industry needs to embrace new opportunities being generated by the increasing popularity of music on social networking sites. Surfing these sites and discovering new music is widespread with the latest generation of online consumers but the process of actually purchasing the music needs to be made easier to encourage sales and develop this new market.”

Patron Saint of Computing Against Software Patents

If computing has a patron saint, it is the great and amazing Donald Knuth. Put another way, he is the god of computer algorithms, so I was particularly pleased to come across this definitive statement on their patentability:

In the period 1945-1980, it was generally believed that patent law did not pertain to software. However, it now a ppears that some people have received patents for algorithms of practical importance--e.g., Lempel-Ziv compression and RSA public key encryption--and are now legally preventing other programmers from using these algorithms.

This is a serious change from the previous policy under which the computer revolution became possible, and I fear this change will be harmful for society. It certainly would have had a profoundly negative effect on my own work: For example, I developed software called TeX that is now used to produce more than 90% of all books and journals in mathematics and physics and to produce hundreds of thousands of technical reports in all scientific disciplines. If software patents had been commonplace in 1980, I would not have been able to create such a system, nor would I probably have ever thought of doing it, nor can I imagine anyone else doing so.

I am told that the courts are trying to make a distinction between mathematical algorithms and nonmathematical algorithms. To a computer scientist, this makes no sense, because every algorithm is as mathematical as anything could be. An algorithm is an abstract concept unrelated to physical laws of the universe.

Nor is it possible to distinguish between "numerical" and "nonnumerical" algorithms, as if numbers were somehow different from other kinds of precise information. All data are numbers, and all numbers are data. Mathematicians work much more with symbolic entities than with numbers.

Therefore the idea of passing laws that say some kinds of algorithms belong to mathematics and some do not strikes me as absurd as the 19thcentury attempts of the Indiana legislature to pass a law that the ratio of a circle's circumference to its diameter is exactly 3, not approximately 3.1416. It's like the medieval church ruling that the sun revolves about the earth. Man-made laws can be significantly helpful but not when they contradict fundamental truths.

Congress wisely decided long ago that mathematical things cannot be patented. Surely nobody could apply mathematics if it were necessary to pay a license fee whenever the theorem of Pythagoras is employed. The basic algorithmic ideas that people are now rushing to patent are so fundamental, the result threatens to be like what would happen if we allowed authors to have patents on individual words and concepts. Novelists or journalists would be unable to write stories unless their publishers had permission from the owners of the words. Algorithms are exactly as basic to software as words are to writers, because they are the fundamental building blocks needed to make interesting products.

Amen to that. (Via Coding Horror.)

Spreading the Intellectual Monopoly Madness

How mad is this?

Advanced European countries are increasingly looking for channels to school their neighbours and worldwide free-trade agreement partners on the enforcement of western-style intellectual property rights.

And how bad is the premise:

The basic underlying assumption of the meeting was that a stronger intellectual property system is beneficial, and that UNECE members have knowledge and ideas to patent and protect. A source characterised the view as: A well-designed intellectual property regime increases national wealth and benefits consumers by stimulating research and investment into new technologies and innovative products, and by enabling the transfer of technology, including between countries at different stages of economic development.

Well, no, actually. As history shows, intellectual monopolies do nothing to increase national wealth overall: they just make the holders of the monopolies richer. Society as a whole loses out. Spreading this kind of misinformation is downright immoral.

They Play iPlayer Content - Without the DRM

This is why it is utterly pointless for the BBC to go to all the trouble of wrapping DRM around its content - note, *its* content, not other people's - and inconveniencing most of the online world in the process:

we're hearing that FairUse4WM strips the files of their DRM -- anyone try it out yet?

And the answer is....

Thunderbird Is Not Go

Here's a worrying development over in the Mozilla community:

Mozilla has been supporting Thunderbird as a product since the beginning of the Foundation. The result is a good, solid product that provides an open alternative for desktop mail. However, the Thunderbird effort is dwarfed by the enormous energy and community focused on the web, Firefox and the ecosystem around it. As a result, Mozilla doesn't focus on Thunderbird as much as we do browsing and Firefox and we don't expect this to change in the foreseeable future. We are convinced that our current focus - delivering the web, mostly through browsing and related services - is the correct priority. At the same time, the Thunderbird team is extremely dedicated and competent, and we all want to see them do as much as possible with Thunderbird.

We have concluded that we should find a new, separate organizational setting for Thunderbird; one that allows the Thunderbird community to determine its own destiny.

Mozilla is exploring the options for an organization specifically focused on serving Thunderbird users. A separate organization focused on Thunderbird will both be able to move independently and will need to do so to deepen community and user involvement. We're not yet sure what this organization will look like. We've thought about a few different options. I've described them below. If you've got a different idea please let us know.

What's worrying about this is that it seems to demonstrate a tunnel vision, where Firefox (and making money from it) are foregrounded above everything else. The fact is, email is a critical application, even if more and more people use Web-based mail (as I do - but I still use Thunderbird too). Moreover, Mozilla is a foundation, and that implies looking at the bigger picture, not concentrating - as a company might - on the success of its main "product".

The open source world needs Thunderbird - indeed, the wider software community needs it. Although I accept that it lacks the community that Firefox has generated, that is not a reason to jettison it, and hope for the best. On the contrary: the very difficulties that Thunderbird has in firing up a community and in moving forward are precisely why the Mozilla Foundation should keep it under its wing.

Mind Your Own BusinessWeek

Extraordinary column in BusinessWeek:

While Microsoft leads in India and China, Linux is mounting a strong challenge in both nations. The Linux community has signed a deal with Beijing to make Linux the default operating system for computers used by the Chinese government and many parts of the Chinese educational system. In India, the prices of Windows and Office are so high that Linux is the only practical, affordable choice for most of the population.

In this context, applying Western IP enforcement policies to stem the flood of illegal copies of Windows in China and India risks winning the battle (to deter and punish IP infringement) while losing the war (to become the dominant standard operating system on the desktop). As long as Linux remains a serious rival in China and India, Microsoft should welcome pirated copies of its software. Illegal versions of Windows are free, which helps Microsoft offset the initial cost advantage of "free" open-source software.

Every pirated copy installed on a Chinese or Indian computer brings one more person into the Microsoft ecosystem. This strengthens Microsoft's market for third-party developers of applications, tools, and other complementary products. Equally important, it denies Linux that next new customer who would strengthen the open-source ecosystem against Windows.

Maybe it's to be expected that arch-capitalist tool BusinessWeek would be offering free advice to Microsoft on how to crush that commie open source stuff. What I find harder to comprehend is the fact that the author of this piece is a self-styled "authority on open innovation, open business models, and more open approaches to intellectual property management" - all with a view to stamping it out, apparently.

Opening Up Advertising

As the post below indicates, one reason that open content strategies are working is that online advertising is increasingly profitable (just ask Google). Further proof that advertising is evolving rapidly is the rise of OpenAds, one of open source's better-kept secrets. Here's a piece by Matt Asay with some useful background:

OpenAds is one of the most interesting open source projects/companies on the planet. Period. It's an open source ad server. Like Doubleclick without the lock-in or fees. In other words, open source. 100% GPLv2. I guess it should be no surprise that the world's most popular ad server, powering Web 2.0 business models, is open source, just as the LAMP stack is the technological basis for Web 2.0 sites/services.

Amazingly, OpenAds is British, too.

The Value of Free Content

One of the constant themes of this blog is that there's plenty of money to be made by giving away things for free. Here's an interesting study by Neil Thurman of the UK newspapers sector that confirms precisely that:

Advertising is relevant to the issue of content charging because, to a certain extent, there is a trade-off between them. Content charging, by limiting access, reduces the number of users to whom a page is exposed. When FT.com introduced a subscription barrier to parts of its content in May 2002, user numbers fell dramatically, as did its advertising revenue (Ó hAnluain, 2004). Conversely, when Times Online removed the subscription barrier it had imposed on overseas users, it experienced a “huge” increase in traffic (Bale, 2006).

Users are put off by having to pay, but traffic is also affected for technological reasons. Content charging can alienate sites from search engines and aggregators like Google (Outing, 2005). Similarly, imposing a subscription barrier also isolates newspaper websites like the Wall Street Journal’s WSJ.com from blogs, a growing source of traffic (Penenberg, 2005). In the current market, many newspapers feel that the revenue they could gain from content charging would be less than what they would lose in advertising. Even the UK newspapers who are currently charging for significant amounts of content — FT.com, Independent.co.uk, and Scotsman.com—can see the potential benefits of dropping these barriers

A companion study indicates that opening up can bring with it some unexpected benefits:

Some British news websites are attracting larger audiences than their American competitors in US regional and national markets. At the British news websites studied, Americans made up an average of 36 per cent of the total audience with up to another 39 per cent of readers from countries other than the US. Visibility on portals like the Drudge Report and on indexes such as Google News brings considerable international traffic but is partly dependent on particular genres of story and fast publication times.

Opening up means that users get to decide whether to read you, and that quality often wins out. Newspapers with closed content are unlikely to attract this kind of passing trade, and will therefore lose global influence as well as advertising revenue. (Via Antony Mayfield.)

OpenBSD Foundation

Bring on the opens: here's a new foundation to support OpenBSD, the Cinderella of the open world, and a few other worthy projects:

The OpenBSD Foundation is a Canadian not-for-profit corporation which exists to support OpenBSD and related projects such as OpenSSH, OpenBGPD, OpenNTPD, and OpenCVS. While the foundation works in close cooperation with the developers of these wonderful free software projects, it is a separate entity.

Formally, the corporation's objects are to support and further the development, advancement, and maintenance of free software based on the OpenBSD operating system, including the operating system itself and related free software projects.

(Via Slashdot.)