It's a Fair Cop (But Society's To Blame)

Here's a heartening sign that the change of management at the top of the UK government (no names, no pack drill) is resulting in a little more rationality.

A few months ago, the government announced its intention of reining in the Freedom of Information Act by making it possible to refuse to give information on the basis that it would cost too much to do so (trust Tony to use tricks like this to get what he wanted.) Now that nice Mr Brown has killed this absurd idea:

In the consultation process, the majority of respondents opposed the proposed changes to the fees regulations. This was particularly the case with responses from media organisations, other non-governmental organisations and members of the public.

However, some public authorities, especially local authorities, welcomed the prospect of some relief from the administrative burden of the FOI Act.

Taking account of the range of responses received, the Government has decided to make no changes to the existing fees regulations.

It does intend, however, to deliver a package of measures to make better use of the existing provisions to improve the way FOI works and to meet the concerns particularly of local authorities.

The last par is still a bit worrying, but kudos to the government for actually *listening* to people when they were asked for their opinions.... (Via The Reg.)

High-Def, Low Interest

worrying about the high-def format war is a waste of time. And to be quite honest, I don't see these formats being around much longer anyway--movie downloads will quickly supplant media as the chosen form of entertainment once our Internet access speeds increase.

Quite. Part of the problem is that the manufacturers are more interested in "solving" the problem of copying than providing something that users want. No wonder the public doesn't really give a damn.

The Battle for the Soul of WHOIS

I am sufficiently long in the Internet tooth to remember the blissful days before ICANN existed. I say blissful, because from where I sit practically every change it has wrought has led to a degradation of the Internet's naming system: it is more driven by financial rather than technical concerns, more subject to lobbying, and generally more of a mess than it was ten years ago.

And now it looks like ICANN is up to yet more of the same, according to this post by Doc Searls about the battle for the soul of WHOIS (and doncha just the Beowulf references?):

Raise your hand if you use whois every day. Even if your hand isn't up, and you just regard whois as am essential sysadmin tool, this post is for you.

Because if you're interested in keeping whois working for the those it was made for in the first place, you need to visit the battlefield where whois' future is being determined right now. That is, you must be Beowulf to the Grendel that is the Intellectual Property Community. Worse, you must confront him in the vast cave that is ICANN.

Except ICANN is more like Grendel's cave, only a helluva lot bigger, and far more boring. It's easy for an outsider to be daunted by ICANN's labyrinthine bureaucracy, its complex processes, its mountain of documents, the galactic scale of its influence, the ecclesiology of its high-level gatherings and its near-countless topics of concern.

The real problem is summarised thus:

the intellectual property folks see whois as their enforcement database, and are working toward making that its primary purpose. Those two purposes are at odds, and that's what the debate is all about. Except so far the public comments have come mostly from just one side.

This is largely because of the completely opaque way in which ICANN operates. If I had my way, we'd get rid of it entirely, and start again; but given the vested interests at play, that's not exactly likely to happen.

"Open Source Does Not Mean Free": Huh?

Here's an interesting little to do:

Open Source does not mean Free: Why we are declaring a license for the community database

...

Very shortly you will notice an important change to our GPLv3 Resource site [at http://gpl3.palamida.com/]. This week's events have led to the decision to add a Creative Commons License (CCL) to the site to ensure that recent blatant plagiarism of our database contents by a newly launched GPLv3 site will be duly credited and/or cease. After two days of intense investigation, we have confirmed that most of our database has been copied directly – word for word and misspelling for misspelling, with very few original additions to our initial work. We feel that that this secondary site does a disservice to the open source community that has for many months diligently contributed data to our database, assisted in correcting discrepancies, and supported the accurate and timely tracking of GPLv2 and v3 conversations and conversions. It has always been the aim of Palamida to run our Resource Site like an open source project – encouraging collaboration, edits, transparency and commentary – so we understand that our data has always been free for re-distribution. However, we did not anticipate the entirety of our database being re-copied and re-packaged as original information without appropriately referencing Palamida as the source. We are disappointed to have to add any sort of copyright but have chosen an open source license in hopes of continuing the spirit of the resource.

Well, I hate to break it to you chaps, but if your original licence allowed the database to be copied (and I don't know if that's the case, but let's assume it is) it's a bit unfair to complain when someone, er, copies it. If you want credit - which is a perfectly reasonable thing to want - make sure the licence reflects that. If you don't want people to copy it, fine, but then it ain't "like an open source project".

Basically, sharing means sharing - and open source *does* mean free (subject to complying with the licence.) (Via C|net.)

O(A) Look: Now There's a Surprise

As I've mentioned, getting OA to US-funded research is proving incredibly difficult. Here's one reason why:

In a list of Sen. James Inhofe's top contributors for the 2001-2006 Senate election cycle, Opensecrets.Org identifies Reed Elsevier Inc. as his 11th largest contributor, with $13,250 in contributions. Opensecrets.Org notes:

The organizations themselves did not donate, rather the money came from the organization's PAC, its individual members or employees or owners, and those individuals' immediate families. Organization totals include subsidiaries and affiliates.

Before he withdrew them, Sen. Inhofe was the sponsor of two amendments to delete or weaken the NIH Open Access Mandate in the FY 2008 Labor, Health and Human Services and Education Appropriations bill.

I'm almost ashamed to have worked for Reed Elsevier long, long ago.

Open Source Mathematics

Suppose Jane is a well-known mathematician who announces she has proved a theorem. We probably will believe her, but she knows that she will be required to produce a proof if requested. However, suppose now Jane says a theorem is true based partly on the results of software. The closest we can reasonably hope to get to a rigorous proof (without new ideas) is the open inspection and ability to use all the computer code on which the result depends. If the program is proprietary, this is not possible. We have every right to be distrustful, not only due to a vague distrust of computers but because even the best programmers regularly make mistakes.

Seems pretty obvious, really: no open source, no transparency, no way of following the logic, no proof: QED.

And if you can't really believe closed source for maths or science, why should you believe it in business? How can you check an accountancy program, say, if you can't see the code? And don't even get me started on closed-source e-voting machines... (Via The Inquirer.)

Gawd Bless Project Gutenberg

I wrote recently about the tragedy of losing the IMSLM music score commons. Well, it looks like Mr Digital Commons himself, Michael Hart (he was the first, remember - Project Gutenberg began over a decade before GNU) has stepped in with a great offer to take it under his wing:

Project Gutenberg has volunteered to keep as much of the IMSLM Project online as is legally possible, including a few of the items that were demanded to be withdrawn, as well as, when legal, to provide a backup of the entire site, for when the legalities have finally been worked out.

This is a doubly good outcome: all that hard work is not lost, and it gets better infrastructure (and probably more access to legal advice.) (Via Slashdot.)

SA Adopts ODF

The club just got larger:

Open Document format (ODF) yesterday became an official standard for South African government communications.

The ODF standard is included in the government's Mininimum Interoperability Standards for Information Systems in government (MIOS) released yesterday.

In the foreword to the document, department of public service and administration minister Geraldine Fraser-Moleketi, says that "this updated version of MIOS contains an explicit definition of open standards as well as the inclusion of the ISO Open Document Format".

(Via tuxmachines.org.)

Amigo: Open Source's New Friend?

Fifteen of Europe’s leading companies and research establishments in mobile and home networking, software development, consumer electronics and domestic appliances have joined together in Amigo – an integrated project that will realize the full potential of home networking to improve people’s lives.

...

The Amigo project will further support interoperability between equipment and services within the networked home environment by using standard technology when possible and by making the basic middleware (components and infrastructure) and basic user services available as open source software together with architectural rules for everyone to use.

Interesting in itself, there are couple of other aspects that make it even more so.

First, this is a massively-funded EU jobbie:

Budget
Total cost: 24 MEuro
Funding: 13 MEuro

Secondly, the list of participants in this, er, open source project is also of note:

Project participants:
Philips Research - Philips Design - Philips Consumer Electronics (the Netherlands), Fagor (Spain), France Telecom (France), Fraunhofer IMS (Germany), Fraunhofer SIT (Germany), Ikerlan (Spain), INRIA (France), Italdesign Giugiaro (Italy), SingularLogic (Greece), Microsoft (Germany), Telin (the Netherlands), ICCS (Greece), Telefónica I+D (Spain), University of Paderborn (Germany), VTT (Finland)

Oh look, there's those nice open source people from Microsoft. Well, maybe not exactly open source, since at the bottom of this massive list of downloadable files, we have the following Microsoft EMIC Amigo License, which actually turns out to be a shared source licence, not open source.

Apparently:

The Microsoft EMIC Amigo License applies to the following components:
- Content Distribution Interface
- Data Store
- .NET Programming & Deployment Framework
- Security & Privacy (.NET version)

Now, life is too short for me to try to get my head around this massive project to work out whether these components are indispensable to the entire project, or just bits of it; but if they are, I'd like to suggest, ever so 'umbly, that our super-duper Amigo may be a friend but it ain't really open source. And even if they aren't, it's still a tad confusing that we have Microsoft with shared source lumped in rather sneakily with the open source stuff. (Via Heise News.)

The US Slouches Towards Open Access

Good news, America:

Tonight the Senate passed the Labor-HHS appropriations bill containing the provision to mandate OA at the NIH. More, the vote was a veto-proof 75-19.

Ah, yes, but the bad news?

Yes, this is big, even if we cleared this hurdle only to face a Bush veto.

It is extraordinary how difficult it is proving to give the US people access to the research they pay for.

SCO Zombie May Take a Few More Steps

The SCO saga may stagger on awhile:

SCO has gotten a $16 million bid from York Capital for its Unix business. Coupled with the $10 million line of credit York is ready to provide, it's money enough to keep SCO's litigation against Novell and IBM going and to underwrite its budding mobile interests, the company says. SCO's lawyers will be filing papers related to the bid this afternoon with the bankruptcy court in Delaware.

...

The deal SCO has cut with York would reportedly leave SCO with ownership of the litigation and what is being called the "core IP," apparently any IP necessary to the lawsuits. York, a $12 billion Manhattan firm known to buy small software companies with declining revenues and turn them around, would get a 20% interest in any licenses SCO's litigation produces. Say, if circumstances conspired to allow SCO to restart its hated SCOSource Linux licensing scheme. York would also get the right to license SCO's Unix source code and get control of its contracts with licensees. York is expected to invest in the business, which includes a bunch of sterling accounts, and attempt to grow it.

Haven't people got better things to do with their lives?

Funk That (Gutsy) Gibbon

Like half the world and their dog, I have upgraded my Ubuntu box to Gutsy Gibbon. Many things have been written about this (the finest probably being this utterly quintessential masterpiece by Rupert Goodwins - geek writing at its finest), but one point that hasn't really been hammered home enough, in my opinion, is the fact that the upgrade required precisely three clicks (in my case - YMMV).

Think about it. For "other" operating system, you not only have *pay* to upgrade, but you have to stick in discs and god knows what. With Ubuntu, you just issue your peremptory command "upgrade", and Ubuntu toddles off to the right repositories, and does it. Automatically. I mean, how much easier can it be?

I'm sure that once people experience this they will never go back to those "other" operating systems. And that's not even taking into account the similarly trivial way in which you can install tens of thousands of new programs with the same single click command.

So, just how good does Ubuntu have to get before people see the (brown) light?

A Taste(Book) of the Future of Publishing

Publishers continue to fret over their precious texts appearing online, worrying that there's no business model for them if the content is already "out there". Well, take a look at this for an alternative vision of publishing in the future:

TasteBook is a service that lets users take their favorite recipes from partner sites (starting with Epicurious) and create printed cookbooks that are delivered to them and/or friends. Users can add their own recipes as well, and customize the book with their name and other information. Blurb, which was recently in the news, is somewhat similar but does not focus on recipes.

I predict this will happen more and more, and publishers realise their job is about, well, publishing - producing objects with words in them. In other words, the money is in the analogue stuff - the digital you give away as promotion.

Another One Bites the GNU GPL Bullet

A little while back, I wrote a piece for Linux Journal about how GPLv3 would supplant GPLv2. Why? Because the GPL has gradually supplanted other licences, simply because it has become the de facto standard that everyone now understands (or thinks they do).

And look, here's another one, doing it for the same reason:

Dimdim calls itself the world's first free Web meeting service based on an open source platform. Users can share their desktops and files while chatting and videoconferencing with meeting participants. Dimdim was originally licensed under the Mozilla Public License (MPL), but the possibility of a big deal with a university made Dimdim executives eventually change to the GNU General Public License (GPL) instead. By changing the software's license from the MPL to the GPL, "we are making it easier for the community to use our product," says Dimdim founder DD Ganguly.

We Need This...

...like we need a hole in the head:

the European Commission wants the EU to bypass WIPO and the WTO and move forward on a new anticounterfeiting trade agreement (ACTA) made directly with key trading partners.

The goal is to strengthen the intellectual property protections so important to the EU, the US, Korea, Japan, and others. Despite formidable protection offered by WIPO treaties and WTO rules, the Commission announced today that it needs to do more to protect European business, in part due to the "speed and ease of digital reproduction" and "the growing importance of the Internet as a means of distribution."

I Was Wrong: Microsoft Won

I could feel it in my bones: the great victory of the EU over MS is a sham. Here's why.

Ex-steely Neelie - to be renamed wheeler-dealer Neelie - said as follows:

I told Microsoft that it should give legal security to programmers who help to develop open source software and confine its patent disputes to commercial software distributors and end users. Microsoft will now pledge to do so.

And naively, I thought that meant what it said. Silly me. Reference to the rather low-profile EU FAQ clarifies:

Can open source software developers implement patented interoperability information?

Open source software developers use various “open source” licences to distribute their software. Some of these licences are incompatible with the patent licence offered by Microsoft. It is up to the commercial open source distributors to ensure that their software products do not infringe upon Microsoft’s patents. If they consider that one or more of Microsoft’s patents would apply to their software product, they can either design around these patents, challenge their validity or take a patent licence from Microsoft.

WTF?!? "Some of these licences are incompatible with the patent licence offered by Microsoft" - what, you mean like - choosing totally at random - the GNU GPL, as used by Samba, the only program that really cares about Microsoft's damn protocols?

And let's not forget that this "patented interoperability information" isn't even valid in Europe, because you can't patent software or business methods or whatever you want to call this stuff. And yet the EU has just passed a quick benedictus on the whole bloody thing.

This is a total and utter cop-out, and confirms my impression that politicians are a total waste of skin. But don't take my word for it, read those of someone who understands what's going on far better than me, Pieter Hintjens, of the FFII:

I've watched the emerging deal between the EU and Microsoft over the last weeks with increasing skepticism. From the moment the ECJ decided that Microsoft was indeed guilty of abusing its dominant position, it seemed clear that the vendor was negotiating its way through the wet paper bag that the EU - indeed the global - anti-trust policy has become.

The EU Commission steps down in 2009, and any appeal would have taken three years at least, damning Kroes and her department to eternal infamy as the anti-trust team who could not get Microsoft to back down.

Now Kroes can retire with glory, and Microsoft has to start behaving. But as the Las Vegas saying goes, every game has a patsy, and if you don't know who the patsy is, chances are it's you.

Microsoft pays the EU its fine, plus additional costs. It's perhaps a month or two of net profit for the vendor. The EU gets its paper victory. And what about open source?

Read it, and weep.

Update: More analysis from Groklaw seems to confirm the details.

Oracle Users (Heart) MySQL

The Independent Oracle Users Group (IOUG) recently surveyed their members about open source and has now published their findings. A few highlights:
-More than one third of the respondents reported that they have deployed an open source database in production, which is a higher rate than for open source tools, frameworks or applications.
-Nearly three-quarters of that group have MySQL installed

Three-quarters? Wow. Bear in mind that MySQL, just like Linux before it, will become more powerful, nudging Oracle from underneath. Classic Innovator's Dilemma stuff. Maybe time to worry a little, eh Larry?

Microsoft Changes Its Tune....

This is too cool. How do you follow up C#? Why, with F#, of course....

Pity they spoil it by using a shared source licence, rather than going fully open source. (Via Ars Technica.)

Groklaw Begins to Grok the iPlayer

I've written pretty extensively about the scandal that is the BBC iPlayer. The main man fighting the good fight here is the indispensable Mark Taylor, and it's good to see that Groklaw has caught up with him and the iPlayer saga in this interview. Do read it to learn the terrifying twists and turns in this sorry tale.

Mighty Mozilla Maketh Mucho Moolah

Mozilla's revenues (including both Mozilla Foundation and Mozilla Corporation) for 2006 were $66,840,850, up approximately 26% from 2005 revenue of $52,906,602. As in 2005 the vast majority of this revenue is associated with the search functionality in Mozilla Firefox, and the majority of that is from Google.

It's also doing rather well on just about every other metric, as Mitchell's post "Beyond Sustainability" explains. Recommended reading.

Tragedy of the (Music Score) Commons

Here's Wikipedia's info about the International Music Score Library Project (IMSLP):

a project for the creation of a virtual library of public domain music scores, based on the wiki principle. Since its launch on February 16, 2006, more than 15000 scores, for 9000 works, by over 1000 composers (as of October 2007) were uploaded, making it one of the largest public domain music score collections on the web. The project used the popular MediaWiki software.

A kind of Project Gutenberg for music - a digital commons, in other words, lovingly put together by hundreds, maybe thousands of volunteers, for the greater good.

And here's what has happened:

On Saturday October 13, 2007, I received a second Cease and Desist letter from Universal Edition. At first I thought this letter would be similar in content to the first Cease and Desist letter I received in August. However, after lengthy discussions with very knowledgeable lawyers and supporters, I became painfully aware of the fact that I, a normal college student, has neither the energy nor the money necessary to deal with this issue in any other way than to agree with the cease and desist, and take down the entire site. I cannot apologize enough to all IMSLP contributors, who have done so much for IMSLP in the last two years.

This tragic situation arises because of the discrepancy in copyright terms: what is in the public domain in Canada (where IMSLP is hosted) may still be in copyright in Europe (where Universal Edition is based). But trying to impose European terms on Canadian content is clearly wrong, as Michael Geist rightly points out:

As for a European infringement, if UE is correct, then the public domain becomes an offline concept, since posting works online would immediately result in the longest single copyright term applying on a global basis. That can't possibly be right. Canada has chosen a copyright term that complies with its international obligations and attempts to import longer terms - as is the case here - should not only be rejected but treated as copyright misuse.

Remind me never to buy a score from Universal Edition again.

Blogging in Italy: Not La DolceVita

I love Italy - wonderful people, wonderful scenery, wonderful art, wonderful food, wonderful wine - well, you get the picture; but I do sometimes wonder about the politicians:

The Levi-Prodi law lays out that anyone with a blog or a website has to register it with the ROC, a register of the Communications Authority, produce certificates, pay a tax, even if they provide information without any intention to make money.

...

the Levi-Prodi law obliges anyone who has a website or a blog to get a publishing company and to have a journalist who is on the register of professionals as the responsible director.

99% would close down.

The lucky 1% still surviving on the Internet according to the Levi-Prodi law would have to respond in the case of the lack of control on defamatory content in accordance with articles 57 and 57 bis of the penal code. Basically almost sure to be in prison.

Cazzarola!

Update: A blogospheric firestorm seems to have brought the Italian government - some of it, at least - to its senses. Dio sia ringraziato.

Microsoft Opens Its Gritted Teeth

I didn't write about Microsoft's capitulation to steely Neelie earlier because the open source aspect seemed unclear. Trust Matthew Aslett to dig up the official details of her announcement:

I told Microsoft that it had to make interoperability information available to open source developers. Microsoft will now do so, with licensing terms that allow every recipient of the resulting software to copy, modify and redistribute it in accordance with the open source business model.

I told Microsoft that it should give legal security to programmers who help to develop open source software and confine its patent disputes to commercial software distributors and end users. Microsoft will now pledge to do so.

I worry that there's some wiggle room here - just what exactly is "the open source business model"? - but given the soundness of its thrashing, maybe Microsoft really has given up fighting the EU. Let's hope.

I suppose it's worth pointing out the huge symbolism of this win. Microsoft, a company built on black box nature of its code, and on using its proprietary interfaces to lock out competitors, has been forced to open up those interfaces - something that would have been unimaginable ten years ago. So deeply has openness now entered the system.

Open Content Alliance - Good, but not New....

Nice story in the New York Times about libraries choosing to go with the Open Content Alliance rather than that nice Mr. Google or Mr. Microsoft:

Several major research libraries have rebuffed offers from Google and Microsoft to scan their books into computer databases, saying they are put off by restrictions these companies want to place on the new digital collections.

The research libraries, including a large consortium in the Boston area, are instead signing on with the Open Content Alliance, a nonprofit effort aimed at making their materials broadly available.

Libraries that agree to work with Google must agree to a set of terms, which include making the material unavailable to other commercial search services. Microsoft places a similar restriction on the books it converts to electronic form. The Open Content Alliance, by contrast, is making the material available to any search service.

That's all jolly well and good, but what I can't understand is that the blogosphere is going nuts about this "new" initiative:

The Internet Archive, whose main claim to fame is the Wayback Machine, designed to archive the internet's web history, has created a new project: the Open Content Alliance.

Well, no, not as such:

The Open Content Alliance (OCA) represents the collaborative efforts of a group of cultural, technology, nonprofit, and governmental organizations from around the world that will help build a permanent archive of multilingual digitized text and multimedia content. The OCA was conceived by the Internet Archive and Yahoo! in early 2005 as a way to offer broad, public access to a rich panorama of world culture.

So founded in 2005; and as its press archive shows, it's hardly been dormant since then....

Update: More details from Da Man himself, Brewster Kahle, here.

Open Tesco?

Tesco may not be a name that means much outside the UK, but the fact that this huge retailer is selling GNU/Linux-based systems - some for as little as £140 (without a screen) - is pretty significant. After all, it's not hard to imagine lots of people seeing the price tag and buying one without really noticing that it doesn't have Windows, discovering that it doesn't matter that much (aside from games). (Via 451 CAOS Theory.)