Should We Tolerate Tolerated Use?

Although this article by Tim Wu came out a few days ago, I hadn't read it through until now; but I see that it's raising some fascinating questions about the *next* stage of the copyright battle, not least through Our Man in the Audience, Larry Lessig:

This spring, at the Max-Planck Institute in Bonn, Germany, I gave a talk on the phenomenon of tolerated use, and in the audience was Stanford professor Larry Lessig, a Thomas Jefferson figure in the information revolution. "So here's what I want to know," he asked. "Why should we tolerate tolerated use?" His point: If you care about free expression and the core reasons for our copyright law—i.e., protecting the artists—why would you put up with a system that makes something like fan art illegal and then tries to ignore the problem? Surely the right answer is to fight for reform of the copyright law: Have the law declare clearly that most noncommercial activities, like fan sites and remixes, are simply beyond the reach of the law.

In a sense, it's simple: laws that are ignored by hundreds of millions of people are, by definition, bad laws.

Update: If you enjoy Tim Wu's article, as I'm sure you will, why not give this rather meatier paper a whirl: it's a fascinating alternative history of copyright, and its "role in the regulation of competing disseminators."

The Dash of OpenMoko

What's Dash?

Dash Express is the smartest Internet-connected automotive navigation system on the road. In fact, it's the first and only navigation system with built-in two-way connectivity. Which means it gets you where you want to go—in the fastest time possible—and delivers the most relevant information—right to your dashboard. Plus, Dash Express is the only device on the market that automatically and wirelessly updates its software and features, so all you have to do is drive.

That's certainly cool, and presages things to come. But what's even cooler?

But when I asked about the hardware, and discovered that it was based on openmoko, the open source linux-based phone infrastructure, my ears really perked up. At bottom, this is a PHONE, and that tells us something very interesting about the future of the phone, with more and more devices with phone functionality that don't actually look or act like phones. It's also a full linux computer. Let your imagination be the guide.

This gives me a whole other perspective on openmoko. I had seen a couple of openmoko phone prototypes, and I thought, these are never going to get the fit and finish of commercial phones. But wow, does the Dash highlight the power of open source, allowing for innovation that you'd never expect.

Watch out for more devices made brilliant with a dash of OpenMoko.

Copyrighting Trees

No, that's not a metaphor (as in social graphs), but literally about people copyrighting trees:

Then there’s the Lone Cypress, a tree along California’s famous 17-Mile Drive. It’s probably the most infamous example of someone trying to exert ridiculous intellectual property rights. They must’ve made it sound like a good idea, though, because it seems that the idea of copyrighting trees is catching on.

And this promotes creativity?

DNA Vu

Now, where have I heard this before?

Today it costs only $300,000 to sequence a person's DNA, and the $100,000 benchmark is in sight. It's an information processing problem, he said. In other words, Moore's Law and genetics are tightly tied. It won't be long before your genome--and your likelihood to get various diseases, live long, be athletic, etc.--will be available in a standard medical test.

The implications for medicine, and its evil twin the insurance industry, are vast. Despite the privacy issues, Venter is in favor of transparency in genomics, so that, for example, you'll be able to "Google a date's DNA," as O'Reilly remarked. Scary? Sure. But "a good idea," Venter said. "Especially if you plan to have children."

Oh yes, I remember:

Consider a not-too-distant future in which personal genomes are readily available. For those with relations affected by a serious medical condition, this will conveniently provide them with any genetic test they need. But it will also offer the rest of us information about our status for these and other, far less serious, autosomal recessive disorders that might similarly manifest themselves in children if we married a fellow carrier.

A bioinformatics program running on a PC could easily check our genomes for all genes associated with the autosomal recessive disorders that had been identified so far. Regular software updates downloaded from the internet - like those for anti-virus programs - would keep our search software abreast of the latest medical research. The question is, how potentially serious does a variant gene's effects have to be for us to care about its presence in our DNA? Down to what level should we be morally obliged to tell our prospective partners - or have the right to ask about?

And just when is the appropriate moment to swap all these delicate DNA details? Before getting married? Before going to bed together? Before even exchanging words? Will there one day be a new class of small, wireless devices that hold our personal genomic profile in order to carry out discreet mutual compatibility checks on nearby potential partners: a green light for genomic joy, a red one for excessive recessive risks?

Given the daunting complexity of the ethical issues raised by knowing the digital code of life in detail, many may opt for the simplest option: not to google it. But even if you refuse to delve within your genome, there are plenty of others who will be keen to do so. Employers and insurance companies would doubtless love to scan your data before giving you a job or issuing a policy. And if your children and grandchildren have any inconvenient or expensive medical condition that they have inherited from one side of the family, they might like to know which - not least, to ensure that they sue the right person.

Under Slashdot's Bonnet

Everybody knows that Google runs on scadzillions of GNU/Linux boxes, but now we also know the details about Slashdot's Penguin power:

Slashdot currently has 16 web servers all of which are running Red Hat 9. Two serve static content: javascript, images, and the front page for non logged-in users. Four serve the front page to logged in users. And the remaining ten handle comment pages. All web servers are Rackable 1U servers with 2 Xeon 2.66Ghz processors, 2GB of RAM, and 2x80GB IDE hard drives. The web servers all NFS mount the NFS server, which is a Rackable 2U with 2 Xeon 2.4Ghz processors, 2GB of RAM, and 4x36GB 15K RPM SCSI drives.

Impressive what you can do with 16 boxes.

Microsoft's Monopoly: "Indisputably Resilient"

Well, well:

In what appears to be a surprise move, four state attorneys general who previously praised the effectiveness of Microsoft's antitrust settlement with the feds are now changing course.

In a nine-page court filing with U.S. District Judge Colleen Kollar-Kotelly on Thursday, officials in New York, Maryland, Louisiana and Florida said they were joining a group of six states, led by California, and the District of Columbia in calling for extending oversight on Redmond until 2012.

And listen to this:

The New York group's filing centers largely on what it calls the "indisputably resilient" monopoly that Microsoft holds in the operating system realm. The attorneys general said they were "mindful" that Windows' approximately 90 percent market share in client operating systems is not the only test for how successful the antitrust agreement has been. But they added, "the absence of meaningful erosion in Windows' market share is still problematic for the public interest."

What a fine phrase that is: "indisputably resilient". I think I could really get to like using that....

Open Gaming Platform?

Rival gaming systems should make way for a single open platform, a senior executive at Electronic Arts has said.

Gerhard Florin said incompatible consoles made life harder for developers and consumers.

"We want an open, standard platform which is much easier than having five which are not compatible," said EA's head of international publishing.

Well, you've convinced me, squire.

UGC "Principles" - Ugh!

Here's a fatuous little document:

Copyright Principles for UGC Services

Leading commercial copyright owners (“Copyright Owners”) and services providing user-uploaded and user-generated audio and video content (“UGC Services”) have collaborated to establish these Principles to foster an online environment that promotes the promises and benefits of UGC Services and protects the rights of Copyright Owners.

Well, no, actually. All it does is codify the petnulant demands of the media industry, and lay bare their incomprehension of the brave new world in which they find themselves, darkling. There is no quid pro quo for users (except "principle" no. 6: When sending notices and making claims of infringement, Copyright Owners should accommodate fair use. - Well, that's jolly nice of them), and precious little for any "UGC" service that signs up.

The most interesting thing about this utterly pointless exercise in self-delusion is that Microsoft has signed up, and Google hasn't, which speaks volumes about their respective positions as far as "UGC" and the media industries are concerned. Curious, too, that the whole document is marked "©2007 Microsoft Corporation" as if Microsoft had written the whole thing....

Springer Told to Spring Off

Another fine example of a major research institution saying "basta" (or maybe "Es ist genug", since it's the Max Planck Society) to price gouging by scientific publishers:

Following several fruitless rounds of talks the Max Planck Society (MPG) has, effective January 1, 2008, terminated the online contract with the Springer publishing house which for eight years now has given all institutes electronic access to some 1,200 scientific journals. The analysis of user statistics and comparisons with other important publishing houses had shown that Springer was charging twice the amount the MPG still considered justifiable for access to the journals, the Society declared. "And that 'justifiable' rate is still higher than comparable offers of other major publishing houses," a spokesman of the Max Planck Digital Library told heise online.

Open access, here we come.

Likely to Take a Bit of Stick

Well, part of the music industry seems to have got half the message - that it needs to offer something beyond the music that is circulating freely around the Internet. But I don't somehow think that "something" is a USB drive:

Universal Music, the world’s biggest music company, is to release singles on USB memory sticks this month, in an attempt to arrest the decline in music sales.

The Vivendi-owned company plans to charge about £4.99 for USB singles starting on October 29 with releases from piano rock band Keane and Nicole, the lead singer of the Pussycat Dolls. That compares with £2.99 for a typical CD single.

However, the hope is that fans will be willing to pay extra because the extra storage capacity on a USB allows the addition of videos and other multimedia.

Riiiight.

So, they think kids are going to rush out to buy overpriced USBs offering some digital tracks plus a couple of music videos that will be available on YouTube? Hm, can't quite see this, myself.... (Via The Reg.)

Mr. Open Access Made Inaccessible

This is something I've been waiting for: an in-depth interview with Peter Suber, the person who has done more than anyone to drive the open access movement forward. Or as the interview puts it:

Philosopher, jurist, and one-time stand-up comic, Peter Suber is widely viewed as the de factor leader of the open access (OA) movement.

Even better, the interviewer is Richard Poynder, whose praises I have sung on several occasions. Just read the intro to the interview and you'll see what I mean.

Alas, the intro is all that I *can* read. Stuck rather sadly in an earlier and not very successful business model, Richard insists on asking readers of the full interview to make a donation, with $8 the suggested sum. Not unreasonable, given the quality of the interview - at least, I imagine, since I've not read it. But I won't pay it (nor will I cheat and read the interview without paying).

As a fellow freelance journalist, I appreciate Richard needs to make a living, but it's as a struggling freelance journalist (all freelance journalists are struggling by definition, since we never know where tomorrow's commission will come from) that I can't pay out $8 for the pleasure of reading it, much as I'd like to. And I imagine I'm not the only one in this situation (there are doubtless even a few non-journalists who are struggling...)

So here we have the ironic situation that what is probably the best interview with the most important person in open access is not readily accessible. Richard: do change that model, please.

OSA Alert Alert

A few months back I wrote a feature about the importance of making open source apps play nicely with each other. One of the key players here is the Open Solutions Alliance. A good place to find out more about this organisation is its newsletter, whose latest edition has just appeared.

Anime-ting Music Business Models

Here's a characteristically generous post from Andrew Leonard about new business models for music, as practised in Japan:

Once upon a time, a rock band played local clubs, got a record deal, released a single, made an album. Today's up-and-comers license their tunes to video games, movies, cartoons and, of course, commercials.

And, more specifically:

According to Wikipedia, Asian Kung-Fu Generation songs are featured in Nintendo and Konami musical games, as movie themes, and grace the credit sequences for half a dozen anime shows, including "the second opening" for "Naruto" and "the fourth opening" for "Fullmetal Alchemist."

(Via Boing Boing.)

Man! Booker Shortlist for Free?

This could be quite significant:

All the novels shortlisted for the Man Booker Prize could be made available online in a radical move being considered by publishers, it was reported today.

Negotiations are said to be in progress with the British Council to digitise the six shortlisted novels so they can be downloaded in full, all over the world.

It is hoped the initiative will capture new audiences - particularly in Asia and Africa - who may be unable to access the actual books.

Jonathan Taylor, chairman of The Booker Prize Foundation said the details of the plan are still being discussed. But it is thought to be linked to the 40th anniversary of the prize, which will be celebrated next year.

Those behind the venture hope it will boost, rather than detract from sales of the hard copy as readers who download the novel online, may be inspired to buy a paper version for themselves.

It's a brilliant idea - and not just because I've been espousing it for ages. It's brilliant because the Man Booker shortlist is perfect for this kind of approach.

Its books tend to be, er, rather intellectually dense, which means that you really wouldn't want to read an entire novel online. But you most certainly might want to read some of it to find out whether it's your cup of tea. And then, as the article rightly points out, such a scheme is likely to widen the audience for the shortlist books hugely. And of course, if it works for the Man Booker shortlist, others might suddenly see the logic too...

Go for it - seriously, man.

Ballmer Will Buy (Into) Open Source

"We will do some buying of companies that are built around open-source products," Ballmer said during an onstage interview at the Web 2.0 Summit in San Francisco.

A refusal to consider acquisitions of open-source developers "would take us out of the acquisition market quite dramatically," Ballmer said -- a tacit acknowledgment of how thoroughly open-source development has reshaped the software market.

I don't think Steve really realises what he is saying: you can't just buy an open source company, you have to buy *into* the entire culture - it's the only way the company's product can survive. In other words, Microsoft would have to become - if only in part - an open source company, as I've maintained it would for a while, now. (See also Matt Asay's interesting thoughts on who exactly Ballmer might be getting his chequebook out for.)

A Library of Open Access Digital Libraries

If you're a fan of digital libraries - and, let's face it, who isn't? - you'll find this mega-list useful, especially because:

The sites listed here are mainly open access, which means that the digital formats are viewable and usable by the general public.

That's not to say it's anywhere near complete, not least because it has it's own, self-confessed biases:

This list contains over 250 libraries and archives that focus mainly on localized, regional, and U.S. history, but it also includes larger collections, eText and eBook repositories, and a short list of directories to help you continue your research efforts.

(Via DigitalKoans.)

Stil Rather Crode (Anagram)

I'm as keen as the next son of Albion to support Brit high-tech startups, but it's jolly hard when they insist on wedding themselves to the past rather than embracing the future. Take edocr (durable little meme, that), a new rival to Scribd:

www.edocr.com allows business documents such as press releases, white papers, case studies, product updates, brochures, analyst reports, etc (any .doc and .pdf) to be interacted within the business community.

Hey, chaps, every heard of ODF? Google has, Apple has: seems to be getting quite popular. Maybe time to, er, read around the subject a bit...? (Via TechCrunch.)

Of Open Source, Open Access and Donald Knuth

I often witter on about open access, assuming people know what I'm talking about. But if you'd like a little historical background, try this, which explains why people interested in open source should also be interested in open access:

Like all things that has to do with the Internet, the computer scientists are ahead of the curve in the flight from the old model of scientific publishing.

In probably one of the biggest shocks of the scientific publishing world, in 2003, the entire editorial board of the prestigious Journal of Algorithms resigned en masse. They subsequently re-formed as the editorial board of a new journal with the similar-sounding name of ACM Transactions of Algorithms.

In a sharply worded letter, the co-founder of the journal (and legendary computer scientist) Donald Knuth, explained the reasons for the mass defection. The reason being that Elsevier had been gouging the subscribers of the Journal of Algorithms for years. It had reached the point where the only defense was to bail ship.

Microsoft : Master of All It Surveys

I love Microsoft-sponsored surveys - not for what they purport to tell us, but for what they indicate Microsoft cares about. Here's another one:

In the IT industry, Microsoft and its "ecosystem" of parters are big--on the order of 40 percent of the market. And if any policy makers around the world doubted its influence, it now has the data to prove it.

The software giant commissioned research company IDC to survey 82 countries and measure the economic impact of the IT industry, and Microsoft specifically.

Overall, the results were not surprising, according to Craig Mundie, chief research and strategy officer at Microsoft. IT contributes to economic growth and job growth more than other industries, according to the IDC study.

The study managed to quantify the Microsoft business universe. There are about 14 million people working at companies that touch Microsoft software in some way, either as hardware distributors, services companies, or software developers.

That number represents about 42 percent of the overall IT market, according to the data. Mundie expects that number to stay consistent in the coming years.

The point is obviously to show how jolly important Microsoft is to all those economies, and how governments had better not fiddle with the delicate ecosystem. But of course what this necessarily overlooks is the huge value of the open source ecosystem - difficult to quantify using traditional economics - not least because open source saves people money, whereas Microsoft's ecosystem costs money. This means it looks smaller when it is simply leaner.

Amazon One-Click Patent Struck Down

Here's an amazing victory:

In a recent office action, the USPTO has rejected the claims of the Amazon.com one-click patent following the re-examination request that I filed on 16 February 2006.

My review resulted in the broadest claims of the patent being ruled invalid.

In its Office Action released 9 October 2007, the Patent Office found that the prior art I found and submitted completely anticipated the broadest claims of the patent, U.S. Patent No. 5,960,411.

I had only requested the USPTO look at claims 11, 14, 15, 16, 17, 21 and 22 but the Office Action rejects claims 11-26 and claims 1-5 as well!

What's particularly remarkable is that this has happened through the dogged perseverance of one individual: Peter Calveley.

Kudos, sir. (Via Boing Boing.)

Job Title of the Week

Red Hat, the world's leading provider of open source solutions, today announced the appointment of Nick Van Wyk to the role of Senior Transformation Executive, in addition to his current role as Vice President, Global Operations.

Senior what?!?? If I had an shares in Red Hat, I'd probably sell them now - they're clearly out of their pram.

WIPO to Wipe Itself Out?

I've written before that WIPO needs to change to reflect the new realities of intellectual monopolies, but it seems the organisation wants to go even further by melting down completely:

Hundreds of employees at the World Intellectual Property Organization, a prominent United Nations agency, have signed a petition calling on WIPO Director General Kamil Idris to put the organisation’s interests before his own in addressing allegations that he misrepresented his age on official documents and possibly engaged in other untoward activities. Idris is under pressure to step down by countries that see him as having lost the ability to lead the organisation.

First the World Bank, now WIPO...who's next?

Apple Supports ODF

At last:

OpenDocument and Word 2007 Formats

Take advantage of TextEdit support for the Word 2007 and OpenDocument formats for reading and writing.

OK, so maybe not huge news in itself, but further evidence that the barriers to ODF are gradually falling. (Via Erwin Tenhumberg.)

Patently Wrong, Mathematically Proved

Well, after yesterday's post about a paper drawing fascinating parallels between today's patent trolls and yesteryear's patent sharks, here's another zinger from academia, one of whose authors has just won this year's Nobel-ish prize for Economics. And look what it says:

the software industry in the United States was subjected to a revealing natural experiment in the 1980’s. Through a sequence of court decisions, patent protection for computer programs was significantly strengthened. We will show that, far from unleashing a flurry of new innovative activity, these stronger property rights ushered in a period of stagnant, if not declining, R&D among those industries and firms that patented most.

We maintain, furthermore, that there was nothing paradoxical about this outcome. For industries like software or computers, there is actually good reason to believe that imitation promotes innovation and that strong patents (long patents of broad scope) inhibit it. Society might be well served if such industries had only limited intellectual property protection. Moreover, many firms might genuinely welcome competition and the prospect of being imitated.

What's interesting about this - aside from the fact that a respected economist is arguing against patents for industries like software, and using maths to prove it - is that the whole idea of welcoming competition so that everyone can build on the communal advances is incredibly close to the underlying dynamic of open source, which gets better much faster because it can always draw on the work of others.

So essentially the result of the paper is that industries like software work better (a) without patents and (b) when they operate according to the open source development model. Imagine. (Via Slashdot.)

Wikimedia Commons Hits Two Million Mark

Hooray for the commons:

Wikimedia Commons, the multilingual free-content media repository managed by the Wikimedia Foundation, reached the milestone of two million uploaded files on October 9, 2007, less than a year after it reached one million. This makes Wikimedia Commons the fastest growing large Wikimedia project. The rapid growth reflects the young age of the project, launched just over three years ago in September 2004. Since March 2007, Wikimedia Commons has routinely had over 100,000 files uploaded every single month. It is now not uncommon for over 5,000 files to be uploaded in a single day. The largest single-day figure so far has been the 9th of September 2007, when a huge 9719 files were uploaded in a mere 24 hours.

(Via DigitalKoans.)