EU: 2, Microsoft, 1

What's most interesting about the European Court of First Instance upholding the European Commission's main actions against Microsoft (striking down one) for abusing its dominant position is the depth of technological understanding it displays. For example, here are the comments on the interoperability issues that are problematic for Samba:

First, the Court confirms that the necessary degree of interoperability required by the Commission is well founded and that there is no inconsistency between that degree of interoperability and the remedy imposed by the Commission.

The Court then observes that the Commission defined interoperability information as a detailed technical description of certain rules of interconnection and interaction that can be used within Windows work group networks to deliver work group services. The Court notes that the Commission emphasised that Microsoft’s abusive refusal to supply concerned only the specifications of certain protocols and not the source code and that it was not its intention to order Microsoft to disclose its source code to its competitors.

The Court also considers that the aim pursued by the Commission is to remove the obstacle for Microsoft’s competitors represented by the insufficient degree of interoperability with the Windows domain architecture, in order to enable those competitors to offer work group server operating systems differing from Microsoft’s on important parameters. In that connection, the Court rejects Microsoft’s claims that the degree of interoperability required by the Commission is intended in reality to enable competing work group server operating systems to function in every respect like a Windows system and, accordingly, to enable Microsoft’s competitors to clone or reproduce its products.

As to the question of the intellectual property rights covering the communication protocols or the specifications, the Court considers that there is no need to adjudicate on that question in order to determine the case. It observes that in adopting the decision the Commission proceeded on the presumption that Microsoft could rely on such rights or, in other words, it considered that it was possible that the refusal at issue was a refusal to grant a licence to a third parties, thus opting for the solution which, according to the case-law, was the most favourable to Microsoft.

As regards the refusal to supply the interoperability information, the Court recalls that, according to the case-law, although undertakings are, as a rule, free to choose their business partners, in certain circumstances a refusal to supply on the part of a dominant undertaking may constitute an abuse of a dominant position. Before a refusal by the holder of an intellectual property right to license a third party to use a product can be characterised as an abuse of a dominant position, three conditions must be satisfied: the refusal must relate to a product or service indispensable to the exercise of an activity on a neighbouring market; the refusal must be of such a kind as to exclude any effective competition on that market; and the refusal must prevent the appearance of a new product for which there is potential consumer demand. Provided that such circumstances are satisfied, the refusal to grant a licence may constitute an abuse of a dominant position unless it is objectively justified.

It's impressive that m'luds grok the difference between the protocols and Microsoft's code that implements them. I half expected them to get their wigs in a twist and buy Microsoft's line that handing over the protocols was the same as handing over the code. Happily, the judges saw through this attempt at muddying the waters, and came out with a well-argued decision that looks likely to withstand Microsoft's inevitable appeal.

BBC: Bill's Broadcasting Corporation

You'd think they'd be a little more subtle about it, wouldn't you?

The BBC has hired another Microsoft executive in a shakeup of its digital media technology teams earlier this week.

The Register has learned that Jon Billings was appointed to a new team responsible for the development of the next generation of the BBC iPlayer earlier this week. He is a former program manager in Microsoft's digital media division.

Why don't they just rename it Bill's Broadcasting Corporation, and end the pretense of independence?

First Chapter 11, Then Pamela's Book

Hardly unexpected, but good news, anyway:

"We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations," said Darl McBride, President and CEO, The SCO Group. "Chapter 11 reorganization provides the Company with an opportunity to protect its assets during this time while focusing on building our future plans."

Er, what future would that be, Darl?

As ever, the most thorough analysis of all this is at Groklaw. Now that we've reached Chapter 11 for SCO, Pam's book on the subject can't be far behind....

Let Us Now Praise Filezilla

FTP doesn't get much respect these days, when most people equate the Internet with the Web. But for uploads and offline storage, you can't beat FTP. And that means you need a good client. Filezilla is my preference, not least because it's cross-platform (well GNU/Linux and Windows) - a must for me. I recommend it highly.

Here's a rare interview with Tim Kosse, the bloke behind it, and someone who deserves to be better known for his generous contribution to the software commons. Thanks, mate.

Telling the Ordnance Survey to Get Lost

Ordnance Survey is trying to get Web 2.0 hip:

explore is a new beta application from Ordnance Survey, allowing you to create and share your routes with the world, and join in with ones that already exist. Find out more about explore.

As this is a new application we need your help to build up the content. Please submit your routes and make explore a useful and exciting tool for all our users.

So it wants to tap into user-generated content. Which would be fine, were it not for the fact it doesn't play fair: its maps, funded directly by taxpayers, and often drawing on information provided by local authorities, also funded by taxpayers, aren't made freely available to those self-same taxpayers (ever heard of open access, chaps?). Why should people contribute to an enclosed commons? This is our data: free it, and then we'll make it soar.

Bottom line: ignore this until the Ordnance Survey (and its masters in the UK Government that lay down how the service must operate) get a real clue. (Via Ogle Earth.)

Wood Wide Web is Collaborative

Apparently. (Via Boing Boing.)

Fair Use Worth More Than Copyright

Fair use (fair dealing in the UK) is the Cinderella in the world of intellectual monopolies. Some brazen monopolists have even gone so far as to claim that fair use is not a right.

Against this background, it's good to see some US research that not only recognises the vital contribution fair use makes to society, but puts a value on it:

This report has sought to measure the footprint of fair use on the U.S. economy. It has considered not only the core fair use industries, but also the suppliers of goods and services to the fair use core and major users.

The research indicates that the industries benefiting from fair use and other limitations and exceptions make a large and growing contribution to the U.S. economy. The fair use economy in 2006 accounted for $4.5 trillion in revenues and $2.2 billion in value added, roughly 16.2 percent of U.S. GDP. It employed more than 17 million people and supported a payroll of $1.2 trillion. It generated $194 billion in exports and rapid productivity growth.

These figures are particularly important in the context of the inflated claims of various content organisations like the RIAA and MPAA with respect to losses caused by unauthorised copying. In fact those losses - and the combined contribution of copyright-based industries - are dwarfed by the scale of the fair use world.

Time for Cinderella to marry the prince. (Via Slashdot.)

The Ultimate Steal - or the Ultimate Fire-Sale?

Beginning Sept. 12, Microsoft will launch a special Web-based promotion exclusively for students called The Ultimate Steal. Students who are actively enrolled at eligible educational institutions will be able to acquire Office Ultimate 2007 via the Web at the low student price of US$59.95. Calling this promotion "The Ultimate Steal" is spot on when you consider that this is a savings of over 90 percent of the retail price of Office Ultimate 2007. The retail price is what students might think they would have to pay, when much lower pricing such as this has been available to students for many years.

Outside of the US, a one-year subscription license will also be offered for £12.95/€ 18.00/C$22.00 in addition to the perpetual license. The Ultimate Steal promotion will expire on April 30, 2008.

Not that Microsoft is worried about Google Docs and OpenOffice.org, you understand.

It's Magic without Intellectual Monopolies

Nice:

Intellectual property scholars have begun to explore the curious dynamics of IP's negative spaces, areas in which IP law offers scant protection for innovators, but where innovation nevertheless seems to thrive. Such negative spaces pose a puzzle for the traditional theory of IP, which holds that IP law is necessary to create incentives for innovation.

This paper presents a study of one such negative space which has so far garnered some curiosity but little sustained attention - the world of performing magicians. This paper argues that idiosyncratic dynamics among magicians make traditional copyright, patent, and trade secret law ill-suited to protecting magicians' most valuable intellectual property. Yet, the paper further argues that the magic community has developed its own set of unique IP norms which effectively operate in law's absence. The paper details the structure of these informal norms that protect the creation, dissemination, and performance of magic tricks. The paper also discusses broader implications for IP theory, suggesting that a norm-based approach may offer a promising explanation for the puzzling persistence of some of IP's negative spaces.

Westminster eForum: Sermon of the Day

No posting yesterday, since I was up at the Westminster eForum talking about open source (now, there's a surprise), along with a few core open-type people like Mark Taylor, Alan Cox and Becky Hogge. However, sadly few Westminster-type people were there whose ear could be bent; mostly it was just preaching to the choir. Here's my sermon:

I have had the privilege of writing about free software and open source for over 12 years now. I say privilege for at least two reasons.

First, the people I have met and interviewed in this world have been pretty extraordinary - and certainly very different in many respects from those I have encountered elsewhere in computing. In particular, they are driven by something that can only be called a passion for writing great programs, and a deeply-held belief that these should be made available as widely as possible.

The second reason my time covering this area has been such a privilege is that the ideas underpinning open source have turned out to be deep and far-reaching. This wasn't really clear a decade ago - certainly not to me - when the idea of writing software collaboratively across the Internet, and then giving it away, was so radical that many people thought it would either fizzle out completely, or remain a kind weird, beard-and-sandles niche.

But today, open source has entered the mainstream: most of the Internet runs on free software; companies like Google depend on it, and more and more governments are deploying it - well, outside the UK, at least. And as open source has become almost commonplace in certain sectors of computing, it has also become clear that this is not just about software. It is about a profound shift that is beginning to make its presence felt elsewhere.

For example, most people know of Wikipedia, which is created collaboratively across the Internet, and made freely available to all - in other words, an open source encyclopaedia. The fact that there are now over two million entries - and that's just the English-language version - shows just what that approach can achieve outside software.

Most people have heard of the Human Genome Project, but not many realise that the reason it succeeded - and prevented US companies from patenting huge swathes of our DNA - was that it was conducted collaboratively, across the Internet, and that its results were placed in the public domain immediately, as a matter of policy. In other words, it applied the open source methodology to genomics.

Less well-known, perhaps, is open access. Here the idea is that the scientific and academic research funded by the taxpayer should be freely available online for anyone to read, and for other scientists to use and to build on. Not an unreasonable wish, you would have thought, and yet one that is being fought fiercely by certain large - and highly-profitable - scientific publishers. The similarity of the idea to software collaboration is evident, and indeed the open access pioneers were directly inspired by open source.

There are other examples, but my allotted time is running out, and we can perhaps explore this area in the question and answer session - or indeed anytime afterwards (you can Google me for contact details). The main point I'd like to leave with you is this: that open source is not about computers, it's about people. It's about how we create, how we share, and how we live and work together in the age of the Internet.

So, far from being some minor technical issue, of interest only to a few anoraks, open source and the larger ideas behind it are, in fact, absolutely central to the way society, democracy and government will function in the 21st century. What we are discussing today is just the beginning.

Open Designs

Although Web pages are usually regarded as content, there can be a fair amount of code behind them too in the form of scripting and cascading style sheets (CSS). This means that there is a need for shared code in these areas, and the Open Design community aims to help out on the CSS side.

As an aside, it's interesting to note that the majority of stylesheets there use a Creative Commons licence, rather than the GNU GPL, say: this suggests people think of the code more as a form of content in this context. (Via James Tyrrell.)

The Story of Our Lives

TechCrunch notes the rise of a new class of services:

part blogging, part genealogy and part something unique. They are focused on the very long term - getting and then keeping customers for decades, and encouraging friends and especially family members to join, too. Once they’re hooked, they’ve spent so much time building content that they are very unlikely to ever leave.

Nicely viral, obviously, but what really interests me is the potential of making all of this information freely available across the Net, rather than just locking it in silos (as I imagine much will be). Imagine an intelligent spider, searching, sifting and correlating the information: it would allow a tapestry of life to be spun across the entire planet (or at least those parts using such sites). Tricky privacy issues, of course....

Writing the Book on Open Documentation

One of the things I really like about Matt Asay's blog is its total candour, which extends to handing out what most companies would regard as confidential business information:

the vast majority of our deals are fed by two direct sources: those who read our documentation and those who actually download and try our Enterprise code. Now, we also know that most of these people first start with our Community code (and often evaluate it for months, reading documentation and visiting our website in the meantime).

What does this mean? It means that if our demand generation software is telling us that someone has both read documentation and evaluated Enterprise, the odds of them buying support from Alfresco are huge. We want to be calling that prospect immediately.

But it also means that documentation is a huge opportunity for open-source companies to drive sales. Documentation is often treated as the shabby cousin of software development, but it is really the essential link between development and dollars. It's hard to motivate good documentation.

The other lesson I'd draw from this is that open source (and selling it) is far less about the code than you might think. Similarly, I'd say that open content, for example, is not just about the raw words, images or the sounds, but very much the "documentation" - that is, the packaging/service - that you provide around it, too.

IBM Goes to Work in the (Open)Office

Some might say about time, too:

The OpenOffice.org community today announced that IBM will be joining the community to collaborate on the development of OpenOffice.org software. IBM will be making initial code contributions that it has been developing as part of its Lotus Notes product, including accessibility enhancements, and will be making ongoing contributions to the feature richness and code quality of OpenOffice.org. Besides working with the community on the free productivity suite's software, IBM will also leverage OpenOffice.org technology in its products.

Good news, nonetheless, and likely to drive the uptake of OpenOffice.org yet further and faster.

OpenSim Update

Things are moving on with the open source virtual world based on Second Life, it seems:

Eager programmers had already begun open source work on the viewer in April of 2006, ahead of Linden’s move to formally put the viewer into the open source domain in January of this year. Now, as Linden Lab prepares to take the Second Life server code open source, the company is once again finding its timeline challenged by an open source community that doesn’t want to wait.

About 300 servers have installed Frisby’s open source Second Life server code, called OpenSim. DeepGrid, a network Frisby manages, has 20 OpenSim regions running on a near continual basis. While there’s no centralized inventory server, meaning that an avatar on DeepGrid can’t take objects from one region into another, users can cross region boundaries seamlessly, experiencing no disruption as their client connects to servers on opposite sides of the world. Another similar network, called OSGrid, connects ten regions.

Elsevier's Elephant in the Room

By some measures, the medical publishing world has met the advent of the Internet with a shrug, sticking to its time-honored revenue model of charging high subscription fees for specialized journals that often attract few, if any, advertisements.

But now Reed Elsevier, which publishes more than 400 medical and scientific journals, is trying an experiment that stands this model on its head. Over the weekend it introduced a Web portal, www.OncologySTAT.com, that gives doctors free access to the latest articles from 100 of its own pricey medical journals and that plans to sell advertisements against the content.

Well, imagine that. Strange, that the NYT doesn't even mention open access in this context. I suppose they considered it, but decided that it couldn't possibly be that my old employer Reed Elsevier is desperately trying to find a way to fight back against that tricky open stuff....

Living La Web 2.0 Vida

This is interesting: a collection of Web 2.0 apps that provide practically all the functionality you need. What makes this particularly pertinent for me is that I am increasingly moving in this direction.

In fact, I live almost totally online these days - not least since several of my machines have shown a distinct desire to pop their clogs. The exceptions are a few cross-platform apps like Firefox (obviously) and OpenOffice.org: using these lets me switch seamlessly from proper operating systems (like Ubuntu, my GNU/Linux flavour of the month), to "other" systems, which will remain nameless, and thus become machine independent. (Via Webware.)

Open Sourcing the Singularity

Fab post of a presentation made yesterday by Jamais Cascio at the disconcertingly-named Singularity Summit (what - does it all fold up into a black hole at the end, or something?). Here's the punchline/punchpar:

My preferred pathway would be to "open source" the singularity, to bring in the eyes and minds of millions of collaborators to examine and co-create the relevant software and models, seeking out flaws and making the code more broadly reflective of a variety of interests. Such a proposal is not without risks. Accidents will happen, and there will always be those few who wish to do others harm. But the same is true in a world of proprietary interests and abundant secrecy, and those are precisely the conditions that can make effective responses to looming disasters difficult. With an open approach, you have millions of people who know how dangerous technologies work, know the risks that they hold, and are committed to helping to detect, defend and respond to crises. That these are, in Bill Joy's term, "knowledge-enabled" dangers means that knowledge also enables our defense; knowledge, in turn, grows faster as it becomes more widespread. This is not simply speculation; we've seen time and again, from digital security to the global response to SARS, that open access to information-laden risks ultimately makes them more manageable.

It's true, he's said it before, but maybe not so eloquently.

Firefox Hit 400 Million Downloads

This is worth quoting at length:

On November 9th, 2004, you all started a movement. Spread Firefox, supported by tens of thousands of contributors, took just 99 days to deliver 25 million downloads of Firefox to a world of people desperate for a better Web -- a Web that didn't overwhelm them with pop-ups, a Web that didn't infect their systems with viruses and spyware, a Web that was fun again, simply put, a Web that worked.

In less than six months, you all doubled that number to 50 million downloads, turned open source into a household word and reasserted the supremacy of choice and simplicity.

It took the Spread Firefox global community of activists only one year to reach the 100 million downloads mark and to let the world know that innovation was alive again on the Web.

And just one year ago you all helped to double that number again, to 200 million downloads. More than 50,000 of you, with Spread Firefox buttons and banners, not only helped Firefox achieve an amazing download milestone, but you all helped to make Firefox one of the world's most recognized and respected brands.

Today, you all have done it once again. With your amazing efforts, Firefox has reached 400 million downloads and demonstrated that not even the world's most powerful companies can keep people from a better, safer, and faster Web experience. You all, the grass roots and the heart of the Firefox movement, have helped hundreds of millions of people find that better, safer, and faster Web.

Even though these are downloads, not installed versions, it's still important to note that the rate at which people are trying out or upgrading Firefox is accelerating: 100 million in one year, 200 million in two years, but 400 million in three years. It will be interesting - and indicative - to see what happens in a year's time.

Glimmer of Hope for US Patent System

A small step towards patent sanity has been taken:

The House approved the most sweeping changes to United States patent law in more than half a century on Friday in a victory for computer companies like Microsoft and finance companies like Goldman Sachs.

Specifically:

The measure passed by the House would change the rules at the Patent and Trademark Office so patents would go to the first person to file an application, not necessarily the first inventor. That would limit years-long disputes over who was the first to invent new technology and would bring the United States in line with other countries’ patent rules. It would also allow third parties to introduce evidence against applications and would create a system, called post-grant opposition, to challenge new patents.

In litigation, it would limit where patent suits could be filed so that cases are not concentrated in court districts deemed favorable to plaintiffs, create a new way to calculate damages to reflect the contribution of the invention to the overall product and allow immediate appeals of court rulings on the interpretation of patent terms while cases are proceeding.

Mobile Linux Goes East

There's an interesting graphic in this story, which shows how very different the smartphone market is around the world - and how big Linux is in China and Japan.

Why Open Source is Different

When you read the following, bear in mind it's written by someone who is running one of the most important - and successful - open source projects, Mozilla:

I few months ago I hurt my shoulder on the trapeze. Well, falling off the trapeze, actually. And it's probably more like 4 months ago, but who's counting? It wasn't a bad fall or a bad injury. My rotator cuff muscles complained and my arm ached for weeks. But still it counted as an irritating setback rather than a scary or serious injury.

In hindsight, I can see that this fall was exactly like the last time I did something scary and fell to the net. In both cases the underlying problem had been identified by the instructors repeatedly. In both cases I understood I should fix the problem. But in neither case did I understand that fixing the problem was a safety issue.

In this case the manoeuver is known as an "uprise." it's a move where one starts out hanging on to and below the trapeze bar and ends up with one's hips resting on top of the bar. The clearest video of an uprise I found of an uprise is actually a woman I fly with, although this video was taken in sunny outdoor southern California and not in the old warehouse where I fly. Here's a dark, harder to see video of an uprise by a classmate of mine in the facility where I fly. In both these videos the flyer is wearing safety lines; these allow the instructor to help the flyer if something goes wrong.

This is not your parents' CEO. Indeed, her actual job title is Chief Lizard Wrangler.

e-Postcard from Number 10

Ooh, look: an email from that nice man at Number 10 about my signing the petition against the Windows-only iPlayer:

The Government set up the BBC Trust to represent the interests of licence fee payers, and to ensure good governance of the BBC. The BBC Trust has responsibility for ensuring that the correct degree of scrutiny is given to all proposals from the BBC Executive for new services (such as the iPlayer) and any significant changes to existing services. To fulfill this duty, the Trust conducted a Public Value Test on the BBC Executive's proposals to launch new on-demand services, including BBC iPlayer. This included a public consultation and a market impact assessment by Ofcom. In the case of the iPlayer, following the consultation, the Trust noted the strong public demand for the service to be available on a variety of operating systems. The BBC Trust made it a condition of approval for the BBC's on-demand services that the iPlayer is available to users of a range of operating systems, and has given a commitment that it will ensure that the BBC meets this demand as soon as possible. They will measure the BBC's progress on this every six months and publish the findings.

Oh, so that's alright, then.

Bad Amazon, Naughty Amazon

So, Amazon's getting into the ebook business; that's nice. But:

Amazon isn’t supporting the industry’s open standard around eBooks. Instead they are using their own proprietary format from Mobipocket, a company they acquired in 2005

Bad, bad Amazon.

Enter the Open Komodo Dragon

I've always been struck by how little known the company ActiveState is, given that it's worked with many open source languages such as JavaScript, Perl, PHP, Python, Ruby and Tcl. Now it's opening up its multi-platform, multi-language IDE:

With the Open Komodo Project, the focus is on dynamic languages and the open web. Open Komodo is developed on top of many open source technologies including Mozilla, Python, and Scintilla. The primary development technologies used include XUL, JavaScript, Python, and C/C++. The Open Komodo platform will be entirely open source and licensed under the same terms as Firefox: Mozilla Public License (MPL), GNU General Public License (GPL), and GNU Lesser Public License (LGPL).

The Open Komodo Project aims to create a full-featured web development tool for client-side web development integrated with Firefox, Mozilla's free, open source web browser, and based on the award-winning Komodo IDE. This new tool, codenamed Komodo Snapdragon, will be developed in collaboration with the open source community.

Sounds good, particularly the integration with Firefox.