Why Patents May Kill You One Day

Time and time again, it's the pharmaceutical industry and their focus on what can they patent (rather than what can be done to improve healthcare) that gets in the way of real improvements that could save lives. The focus on what can be patented, and the games played to extend patents (at great costs) means that money that should be going towards much more useful areas of healthcare get diverted into less useful, but artificially profitable, endeavors. That's what happens when you set up artificial monopolies.

So, tell me again why you are in favour of patents?

From Extremadura, with Love, to Vietnam

Here's an interesting demonstration of the importance of flagship projects for the open source world:

Una delegación del Gobierno de Vietnam, que se encuentra durante estos días en Extremadura, ha visitado ayer lunes el Nuevo Centro del Conocimiento (NCC) de La Antigua, en Mérida, con el objetivo de conocer la metodología de trabajo que desarrolla el Plan de Alfabetización Tecnológica y Software Libre de Extremadura (PAT).

[A delegation from the Vietnamese Government, which is currently in Extremadura, visited the Nuevo Centro del Conocimiento (NCC) of La Antigua, in Merida, last Monday, with the aim of getting to know the methodology that the Technological Literacy and Free Software Scheme of Extremadura (PAT) is developing.]

Nothing like seeing how free software works at first hand for convincing people. (Via Erwin Tenhumberg, who also links to a story about Vietnam taking the plunge elsewhere with 20,000 OpenOffice.org seats.)

How Gross is That?

I remember well during the fun days of dotcom 1.0 when Bill Gross came up with wacky idea after wacky idea, most of which happily bombed. So I wasn't entirely surprised to see him come out with stuff like this:

We started making only Internet companies because we felt this was an incredible new medium that had unbelievably high gross margins. If you could make a Web site, you could sell something online and you could make margins of 90 percent or higher. When we looked back at the ones that were most and least successful, we realized it had nothing to do with their margins. It had to do with how protectable the idea was. Was there a core intellectual property with which you could differentiate yourself and earn sustainable margins? Because you can make good margins online, but if you can't sustain them, it doesn't mean anything.

So that led us to take another look at all businesses - even companies that make physical products. We had shied away from making anything with atoms; we were all caught up in doing only things with bits. But you can make things with atoms and still have a huge amount of intellectual property in them, where you can earn good margins and protectable margins.

That sounds, well, just gross, really, with its sad little obsession about intellectual monopolies. But reading further on I came across this:

I feel that the biggest disruption that will happen in this century is distributed energy generation. In the past, there was an economy of scale, so you had to build a 1-gigawatt nuclear or coal plant somewhere, and you had to do it far away from people because no one wanted it in their backyard. That was possible because of copper. Only copper could keep that plant far enough away that we wouldn't see it or smell it, and copper could bring those electrons magically into our house. But there's a huge loss by the time the power gets to us - with copper, it's up to 15 percent.

When you can build distributed energy generation on your roof with 10 feet instead of hundreds of miles of copper, you can avoid those huge losses. If you can get lower-cost solar, which we're working on very hard, and if you have the subsidies, all of a sudden it makes sense to have your own power plant on your own roof. Having your own power plant on your roof is just an unbelievable concept that wasn't even possible in the 20th century. It is going to be possible - and necessary - this century if we're going to solve the climate problem.

Spot on. Let's hope this is one Gross idea that succeeds.

One OpenCD Close, Another OpenDisc Opens

One of the great things about free software is that you can create bundles of it to give away. One of the best of these was OpenCD. This, apparently, is no more:

As of today I’m stepping down from TheOpenCD development, of which for the last eighteen months I’ve been the sole developer and general caretaker for the project. It’s not all bad news though - I’m leaving the project to pursue my own open source disc, which I believe will resolve the issues I’ve experienced in my time at the helm1. I’ve been working in the background on the new project, OpenDisc, and it’s now up and running so if you’d like to check it out, visit www.theopendisc.com. Why jump ship on what seems like a perfectly good project?

As this indicates, it's not so much a goodbye as a hello. It's worth reading the whole post, which provides some fascinating insights into the realities of putting together such collections. (Via LWN.net.)

Brad the Impaler Goes for Google's Jugular

Nice little analysis, there, Brad:

The future of the Internet will be decided by developments in online advertising. Online advertising is rapidly emerging as the fuel that powers the Internet and drives our digital economy. Online advertising is already a $27 billion market. This is projected to double, to $54 billion, in the next four years alone. That is roughly equal to the size of America’s radio and television industries combined.

These changes are not only of tremendous economic importance, but have serious societal implications as well. Online ads will increasingly provide the economic foundation for a free press and for political life more broadly.

Update: Oh, and here's Google's own pitch - which, to my ears, sounds strangely like something that Microsoft could have written....

In Praise of Clotheslines

Nice:

Today, however, such clotheslines are considered blight. A recent article in the Wall Street Journal (September 18, 2007, p.1) reports on how neighborhood associations are cracking down on residents who dare to use the sun to dry their clothes. A typical quote came from a neighbor of one of the offenders. “This bombards the senses,” said one Joan Grundeman, an interior designer in Bend, Oregon. “It can’t possibly increase property values and make people think this is a nice neighborhood.”

At least some people have their priorities straight. Better to bombard Iran and Iraq and keep the laundry out of sight where it belongs.

Hooray for Harvard's OA Heft

This is exactly what leading academic institutions should all be doing:

The Faculty Council, the 18-member governing body of the Faculty of Arts and Sciences (FAS), advanced a measure yesterday that would make articles written by Harvard professors in scholarly journals available online at no cost.

The proposal would create a system of “open access” whereby the authors could make their work available either on a personal or university Web site for free, according to Weary Professor of German and Comparative Literature Judith L. Ryan, who serves on the council.

It would be interesting to see the publishers try to refuse to carry any of these freely-available articles in their journals; at least production costs would be reduced.... (Via Open Access News.)

WIPO Takes Baby Steps Towards the Light

I've noted before that WIPO needs to change to reflect the new realities of sharing content, and not just the sclerotic view of the old intellectual monopolies. There's been a few encouraging signs that WIPO is beginning to understand this, and here's another:

The World Intellectual Property Organization wants to educate you about copyright. Well, not so much you as your 9 to 14-year old children, who are the targets of a new 72-page workbook (PDF) filled with "colorful examples" of copyright law in action. The most surprising thing about the booklet? The fact that it devotes eight pages to coverage of the public domain and other limitations on copyright.

Googling Google

Great title: "The Googlization of Everything." And open, too. (Via Open Access News.)

The Beginning of the End for the OEM Tax?

I wrote recently about the call to unbundle operating systems from PCs, but without much hope it would ever be heeded. Maybe I was too pessimistic:

The ruling by a French court according to which the manufacturer Acer has to refund the purchase price of the preinstalled software that the notebook buyer in question does not use to the notebook buyer, has been welcomed by proponents of the sale of PCs and notebooks without preinstalled software. In the case that has now been made public the court ruled (PDF file) that Acer, over and above the sum of 30 euros it had previously agreed to pay, was obliged to refund the plaintiff the complete sum he had paid for the software he had subsequently returned.

The total of 311.85 euros of the overall purchase price of the notebook of 599 euros that Acer was forced to pay back was made up of 135.20 euros for Windows XP Home, 60 euros for Microsoft Works, 40.99 euros for PowerDVD, 38.66 euros for Norton Antivirus and 37 euros for NTI CD Maker. On top of that Acer had to pay a further 650 euros in, among other things, legal costs.

Not so Much OOo as Oops!

Not from the world of OpenOffice.org, but amusing and relevant:

My favorite example of a "bad document" is one that I saw when I was in my first professional job working in the IT department of a large German furniture manufacturer. Someone from a sales department called me and said that his document breaks completely as soon as he changes two words to a bold face. I could not believe it and thus went upstairs in order to take a look at the issue myself. I also changed the two words to bold and, he was right, the whole document fell apart. For a few seconds I was wondering what was going on. Then I switched on the "view nonprinting characters" feature. There was the problem. The whole document, yes, the whole document, was just one single line of text. Everything including line breaks and tables were implemented using spaces. Thus, for sure, once one part of the document was modified, everything else fell apart.

Open Authentication

Sounds sensible:

The OAuth protocol enables websites or applications (Consumers) to access Protected Resources from a web service (Service Provider) via an API, without requiring Users to disclose their Service Provider credentials to the Consumers. More generally, OAuth creates a freely-implementable and generic methodology for API authentication.

An example use case is allowing printing service printer.example.com (the Consumer), to access private photos stored on photos.example.net (the Service Provider) without requiring Users to provide their photos.example.net credentials to printer.example.com.

(Via O'Reilly Radar.)

A Very British Takedown

Here's someone who will be looking for a new job, ultimately, I hope. But at least it sounds like he's a nice chap who deserves to get a good one when that day comes:

John Giacobbi, president of Web Sheriff, a British company that has protected music from such artists as Moby, The White Stripes and The Shins, said that not everyone in the sector takes such a hard-line approach to file sharing.

"We're trying to be more civil," Giacobbi said.

Spiffing, old chap, absolutely spiffing. And kudos.

DRM is Dead!

Amazon just killed it with Amazonmp3:

Our files are free of digital rights management (DRM) software, so you can burn your songs to CDs, play them on all your computers, and transfer them to all your devices. Songs are encoded at 256 kbps (learn more), which means you get high audio quality at a manageable file size.

DRM'd music just became unsellable.

Ecosystem Network Effects

One of the most heartening signs of maturity within the open source world - both literally and metaphorically - is the growing number of project tie-ups. The latest is Trolltech, which

has integrated Qt, its flagship C++ based cross-platform development framework, with the popular Eclipse Integrated Development Environment (IDE). The C++ integration augments the integration currently available for Qt Jambi – a version of Qt for Java development.

This is a network effect, but writ large, at the ecosystem level.

Words of a Woz-Been

"There's always a group of people that wants to undo the forces of industry that have given us so much in terms of wealth, and there's always people who want things to be free," Wozniak said. "The open-source movement starts with those sort of people. But it still has such good points that have nothing to do with whether it's free or not. The idea of developing something and then making your solution known. Spread the information so the world can grow from it."

Hilarious and yet sad. (Via The Inquirer.)

SCO Long, and Thanks for All the Fish

One of the many pleasant knock-on effects of SCO's deliquescence has been some long-overdue crow-eating by high-profile critics of the open source position during that saga. Since I have rigorously vegetarian tendencies when it comes to partaking of that particular dish, I have to admire the, er, guts of Daniel Lyons, who has publicly swallowed his pride and admitted his errors (although, sadly, his potshots at "freetards" in his otherwise wonderful Fake Steve Jobs blog now stick in my craw, for some reason....)

Rob Enderle's case here is more complex. He has written a long and fascinating tale of how he came to do and say what he did and said, but ultimately refuses to apologise for either ("Dan Lyons, me and no apology ). For me, the key paragraph is the following:

Unlike Dan Lyons, who has recently said he was tricked by SCO, I was tricked both by SCO and some Linux supporters who, unintentionally through their nasty behavior and threats, made me see them as the criminals. Nothing I had done gave these people the right to attack my livelihood, threaten my life or the lives of my family, and I still view the folks who engaged in such behavior as criminals.

I too thoroughly repudiate those who, while claiming to be part of the open source community, made any such threats, which were unjustified and unforgivable. But I don't think the word "tricked" is appropriate here. These people did not "trick" Enderle into believing them to be sad sacks: they truly were. But that had nothing to do with the merits of SCO's case.

Aside from SCO's trickery, Enderle made an error of judgment in not believing people like Linus when he said there was no infringing code. The point is, if you examine Linus' track-record - to say nothing of his coding - it was simply inconceivable that large chunks of code had been filched. It was (just about) possible that small parts had been sneaked in by some less-than-scrupulous coders, but given the level of scrutiny the code undergoes, even that was highly unlikely.

Ultimately, it comes down to the fundamental difference between free software and black-box code: one is open - and can be examined by anyone, without signing NDAs - the other is not. The presumption should always be, then, that the former, unlike the latter, has nothing to hide, because it has nowhere to hide it.

Update: ESR says much the same, though with rather more force...

All 's Well That Ends Well

So Eben didn't get his lawsuit yet - but he does get another victory:

Monsoon Multimedia today announced efforts to fully comply with the GNU General Public License (GPL). Monsoon is in settlement negotiations with BusyBox to resolve the matter and intends to fully comply with all open-source software license requirements. Monsoon will make modified BusyBox source code publicly available on the company web-site at http://www.myhava.com in the coming weeks.

The Everex Effect

Following extensive product testing, Everex had taken the innovative step of including OpenOffice.org software on a range of PCs for sale through the WalMart chain. The eco-friendly range was launched in July, aimed at the US 'back to school' market, with a price tag of just $298.

Conference delegates watched a message from John Lin, General Manager, Everex: "On July 18th 2007, Everex launched its first 'Back to School' PC with OpenOffice.org 2.02 into WalMart stores throughout the United States. The response was fantastic. Not only did Everex receive rave reviews in the media, but consumer interest resulted in a three-fold increase in web traffic to everex.com. Feedback from WalMart was also very positive: they have requested all our future units include OpenOffice.org productivity software. Everex would like to thank everyone involved in OpenOffice.org for their help and support, and congratulations again for providing the world with such a wonderful product."

This is all it needs: for PC vendors to offer systems with OpenOffice.org, and ones identical in every respect except with Microsoft Office instead - for an extra $50 (I'm guessing how much they really pay for Office). Now, that might not seem like a huge saving, but it's big enough to drive millions of people to opt for OpenOffice.org.

PayPal Joins the List

One of the most effective ways of convincing sceptics that open source means business is to reel off some of the household names that depend on it: the Web, Google, Amazon, etc. Well, it seems that we can add another biggie: eBay.

PayPal runs thousands of Linux-based, single-rack-unit servers, which host the company's Web-presentation layer, middleware and user interface. Thompson says he quickly saw the economic, operational and development advantages of open source and Linux technology. He now sees no other way to do it.

(Via Matt Asay.)

Going a Bundle on Unbundling

I can't see this happening, but it's interesting that someone has even raised it:

This paper’s recommendation is that the European Commission should require all desktop and laptop computers sold within the EU to be sold without operating systems.

For two decades, Microsoft has enjoyed monopolistic power in the operating system market. The Competition Commissioner has signalled the desire to see more competition in this sector. Unbundling would foster a competitive market, increase consumer choice and reduce prices.

What Muhammad ibn Musa al-Khwarizmi Knew

Nice to see algorithms getting some respect:

Algorithms, as closely guarded as state secrets, buy and sell stocks and mortgage-backed securities, sometimes with a dispassionate zeal that crashes markets. Algorithms promise to find the news that fits you, and even your perfect mate. You can’t visit Amazon.com without being confronted with a list of books and other products that the Great Algoritmi recommends.

Its intuitions, of course, are just calculations — given enough time they could be carried out with stones. But when so much data is processed so rapidly, the effect is oracular and almost opaque. Even with a peek at the cybernetic trade secrets, you probably couldn’t unwind the computations.

Maybe; but the point is, they are just calculations. Which is why the idea of patenting any of them - as raw algorithms, business methods, or software - is, er, patently ridiculous.

Eben Gets Busy Over BusyBox

One of the things that Eben Moglen has impressed on me when I've talked to him was that he - and Richard Stallman - have always preferred to negotiate settlements in cases of alleged breaches of the GNU GPL, rather than to rush to litigation. Hitherto, that's always worked, in the US at least. So it's extremely significant that Moglen's SFLC has decided to change tactics:

The Software Freedom Law Center (SFLC) today announced that it has filed the first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL) on behalf of its clients, two principal developers of BusyBox, against Monsoon Multimedia, Inc. BusyBox is a lightweight set of standard Unix utilities commonly used in embedded systems and is open source software licensed under GPL version 2.

One of the conditions of the GPL is that re-distributors of BusyBox are required to ensure that each downstream recipient is provided access to the source code of the program. On the company's own Web site, Monsoon Multimedia has publicly acknowledged that its products and firmware contain BusyBox. However, it has not provided any recipients with access to the underlying source code, as is required by the GPL.

Clearly something big is afoot, here. Perhaps Moglen thinks the time has come to establish the legal solidity of the GNU GPL once and for all, and that this is the case to do it with. It will certainly be fascinating to see how this plays out.

Let My Standards Go

It has always seemed something of irony to me that many key standards, essential pre-requisites for open technology, have often required payment before you can access them. Well, it seems that those produced by the International Telecommunication Union (ITU) will now be freely available:

Offering standards for free is a significant step for the standards community as well as the wider information and communication technologies (ICT) industry. Now, anyone with Internet access will be able to download one of over 3000 ITU-T Recommendations that underpin most of the world's ICT. The move further demonstrates ITU's commitment to bridging the digital divide by extending the results of its work to the global community.

(Via James Governor's Monkchips.)

eForum Follow-up

While I was at the Westminster eForum last week I had the pleasure of meeting Vic Keegan finally. Vic used to edit the Technology pages on the Guardian, and commissioned a number of features from me for it, but I'd never met up with him until now.

I was pleased to see that he drew on some of the stats mentioned at the forum for his column in today's Guardian, bemoaning the scandalous indifference of the present UK Government towards open source. This, in its turn, has provoked Alan Lord into a fine rant that draws together a number of related threads.