Why Intellectual Property Does Not Exist, Part 3502

A nice point from Mike Masnick:

Those who insist that copyright is the same as real property break their own rule by also insisting that they retain perpetual rights to the good, even after it's been sold. If copyright were like real property, after the creator sold it, the buyer could do whatever they want with it, including giving it out for free.

A hit, a very palpable hit.

The Inq Has the Dirt on the One

More details on the Elonex £100 ultraportable:

Elonex claims the whole caboodle is optimised for the Linux software it runs. The Linux is Debian flavoured and the little office suite that is bundled with it is all branded ONE. ONEInternet, ONEMail, ONEWord, etc.

As we surmised, storage comes in a 1Gb flash flavour. There's 128Mb of DDR-II memory, a seven-inch 800 by 480 LCD screen with stereo two-channel audio, built-in speakers, a microphone and audio Jack. Wibbling comes courtesy of a Lan/WLAN 10/100M Ethernet with WLAN 802.11g Antenna.

Update: And someone else has spotted that it seems to be this machine, rebadged.

Hip-hip-Hadoop!

Just one more reason why the Microsoft-Yahoo merger, if it happens, will be hell:

Yahoo is following in Google’s footsteps again in search. Today, it is shifting a crucial part of its search engine to Hadoop, software that handles large-scale distributed computing tasks particularly well. Hadoop is an open-source implementation of Google’s MapReduce software and file system.

...

Yahoo is replacing its own software with Hadoop and running it on a Linux server cluster with 10,000 core processors.

Go that? 10,000 core processors running GNU/Linux at the heart of Yahoo. Microsoft is damned if they do (rip and replace) and damned if they don't. Go on, make our day, Steve....

Document Freedom Day a Month Too Late?

It all sounds jolly japes:

On 26 March 2008, the Document Freedom Day will provide a global rallying point for Document Liberation and Open Standards. It will literally give teams around the world the chance to "hoist the flag": A 'DFD Starter Pack' containing a flag, t-shirt, leaflets and stickers is in preparation and is planned to be sent out in the first weeks of March to the first 100 teams that sign up. Sixteen teams already signed up during the preparation phase of the DFD prior to this release. Sign your team up now!

Hurry, hurry, hurry.

But I can't help feeling that they have missed a trick here. Surely the obvious time to try to raise awareness of open documents and open standards was just before the meeting beginning on February 25 in Geneva to decide the fate of Microsoft's soi-disant Open Office XML format?

Dell Fails to Deliver

On Open Enterprise blog.

Welcome to ... The Spittoon

Last night I had the pleasure - and privilege - of attempting to hack the minds of a roomful of young scientists. It was my usual Digital Code of Life riff, and in the course of preparing my thoughts I wandered over to the 23AndMe site. This, you will recall, is:

a web-based service that helps you read and understand your DNA. After providing a saliva sample using an at-home kit, you can use our interactive tools to shed new light on your distant ancestors, your close family and most of all, yourself.
It is also the company set up by the wife of one of the Google founders - you can join the dots yourself.

But one thing I'd not come across before was the company's blog - called, rather charmingly, The Spittoon....

Cock-a-Hoop Over Open Source VoIP

On Open Enterprise blog.

Thunderbird is Go

On Open Enterprise blog.

Adobe Flash - Now with Added Evil

Another reason to hate Flash:

Now Adobe, which controls Flash and Flash Video, is trying to change that with the introduction of DRM restrictions in version 9 of its Flash Player and version 3 of its Flash Media Server software. Instead of an ordinary web download, these programs can use a proprietary, secret Adobe protocol to talk to each other, encrypting the communication and locking out non-Adobe software players and video tools. We imagine that Adobe has no illusions that this will stop copyright infringement -- any more than dozens of other DRM systems have done so -- but the introduction of encryption does give Adobe and its customers a powerful new legal weapon against competitors and ordinary users through the Digital Millennium Copyright Act (DMCA).

(Via Techdirt.)

Microsoft's DreamSpark - What a Giveaway

On Linux Journal.

Bank Julius Baer, Meet Barbra Streisand

One of the claims to fame of Techdirt's Mike Masnick is for coining the phrase "the Streisand effect":

The phenomenon takes its name from Barbra Streisand, who made her own ill-fated attempt at reining in the Web in 2003. That's when environmental activist Kenneth Adelman posted aerial photos of Streisand's Malibu beach house on his Web site as part of an environmental survey, and she responded by suing him for $50 million. Until the lawsuit, few people had spotted Streisand's house, Adelman says--but the lawsuit brought more than a million visitors to Adelman's Web site, he estimates. Streisand's case was dismissed, and Adelman's photo was picked up by the Associated Press and reprinted in newspapers around the world.

So attempts by the Bank Julius Baer to shut down the Wikileaks site are not only doomed, but doomed to make things much, much worse than if the bank had just put up with it. Fighting openness is just not a good idea.

Monopoly in the DNA

It seems that Bill Gates' foundation is affected with the same love of monopolies and keeping things closed as its creator:

The chief of the malaria program at the World Health Organization has complained that the growing dominance of malaria research by the Bill and Melinda Gates Foundation risks stifling a diversity of views among scientists and wiping out the health agency's policy-making function.

In a memorandum, the chief of the malaria program, Arata Kochi, complained to his boss, Margaret Chan, the director general of WHO, that the foundation's money, while crucial, could have "far-reaching, largely unintended consequences."

Many of the world's leading malaria scientists are now "locked up in a 'cartel' with their own research funding being linked to those of others within the group," Kochi wrote. Because "each has a vested interest to safeguard the work of the others," he wrote, getting independent reviews of research proposals "is becoming increasingly difficult."

Amazing: exactly the same dynamics seem to be operating here for research as for software. Must be something in the DNA. (Via Slashdot.)

AsteriskNOW Now

On Open Enterprise blog.

Bye-bye US Business Method Patents?

On Open Enterprise blog.

Is Elonex the ONE?

One emerging trend is that of ultra-cheap ultraportables powered - of course - by GNU/Linux. As I've noted before, Microsoft simply cannot follow down this particular rabbit-hole: Windows is too big and too expensive for such cheap hardware.

And to prove the point that the only way is down, here are tantalising hints about a new sub £100 - yes, you read that correctly - machine called the ONE from the UK manufacturer Elonex:

The ONE has been specially designed to aid and encourage learning. The user-friendly unit comes with a full software suite including a word processor, spreadsheet, scientific calculator, and an imaging and graphics package. Linux is at the core of the ONE. This has not only massively reduced the cost and has been a major factor in making the ONE available sub £100, but also corresponds with the governments startegy on software interoperability. “I want to see young people access all sorts of software, to feel confident with the use of open-source and proprietary software." Jim Knight MP.

Nice one: let's see what the UK government's reaction to *that* is....

Vista's Poor Outlook

On Open Enterprise blog.

Hacking Ashley Highfield

Some might say I've been overly critical of the BBC's digital boss, Ashley Highfield (no, no). Be that as it may, it's certainly true that I've not offered any concrete solutions for changing his mind about the urgency of divorcing iPlayer from Microsoft (and no, Macintosh implementations do *not* count). Maybe this is the way:

The BBC's George Wright and Ubuntu Community Manager Jono Bacon offered to install the OS on a laptop for Ashley to take home and experiment with. We're hoping that both George and Ashley will be posting about the experience.

Nice move, Jono.

Open Enterprise Interview: Stefane Fermigier

On Open Enterprise blog.

Photoshop on GNU/Linux

As I've noted elsewhere, free software is absolutely central to Google's success and future. Here's some further proof - it's helping to get Photoshop running on GNU/Linux using Wine:

"Photoshop is one of those applications that Desktop linux users are constantly clamoring for, and we're happy to say they work pretty well now," Google engineer and Wine release manager Dan Kegel wrote. "About 200 patches were committed to winehq, and as of wine-0.9.54, Photoshop CS2 is quite usable," Kegel noted in a separate post.

(Via tuxmachines.org.)

Motivation of Open Projects Volunteers

More info is always good, especially when it's about open source. So here's what sounds a worthy endeavour:

My name is Zbigniew Braniecki and I'm a sociology student at Leon Koźmiński Academy in Warsaw.

The goal of this survey is to extend our knowledge about nature of volunteer participation in the Internet open communities. To learn why people participate and what keeps them going.

It will allow us to better understand how open communities (should) work and who the people building them are.

The survey is made of two parts, socio and psychological. It will be most helpful if you make it to the end.

The whole survey will take you no more than 12 minutes to complete.

Thank you for your help. The results will be publicly available on the Interent.

Is Europeana Too Flash?

I've written before about the nascent European Digital Library:

Consistent with the i2010 digital library initiative, this thematic network will build consensus to create the European Digital Library. It will find solutions to the interoperability of the cultural content held by European museums, archives, audio-visual archives and libraries in the context of The European Digital Library.

Now we have a chance to try it out - at least as a demo. It's cross-linking is impressively rich, but I do worry that we're going to end up with something too flashy - or, rather, too Flashy, with lots of invisible code that makes deep linking impossible. We shall see - or maybe not....

Charlie's Not My Darling (Again)

Charlie McCreevy is a one-man disaster area: first he tries to bring in software patents for the European Union, now he wants to extend copyright for performers. I could rant about this but Mike Masnick has already said everything that needs to be said:

It's important to be entirely clear here: this is a total and complete bastardization of copyright law. Copyright law was intended to grant the creator of content a deal: you create new content and we will give you a limited time monopoly on the rights to that content before passing it on to the public domain, from which everyone can benefit. It was designed as an incentive system, providing a gov't backed monopoly in exchange for the creation of content. By creating content and accepting that deal, musicians clearly said that it was a reasonable deal. To later go back and change the terms for content already created and extend copyright makes no sense and is violating the contract made with the public. You can't newly incent someone to create content that they already created 50 years ago. Thus, the only reason to extend copyright is if you believe that it's really a welfare system for musicians. If that's the case, then we should be explicit about it, and present it that way, rather than calling it copyright.

That's not all that McCreevy has up his sleeve either. He's also apparently a huge fan of copyright levies that add taxes to any blank media for the sake of reimbursing musicians just in case you happen to use that blank media to record unauthorized material. It's effectively a you must be a criminal tax. So, basically, McCreevy's plan is to treat all consumers as criminals, forcing them to cough up extra money for musicians, while also setting up a welfare system for musicians hidden in the copyright system. Musicians must love him, but it's a bit ridiculous for him to claim these proposals make sense because "copyright protection for Europe's performers represents a moral right to control the use of their work and earn a living from their performances". Does Mr. McCreevy earn a living from something he did 50 years ago? Does Mr. McCreevy get a cut every time a consumer buys something just in case they commit a crime?

Superb stuff, Mike.

Code is Law is Code

Code and law have been inextricably mixed ever since Richard Stallman drew up the first GNU GPL. Indeed, in many ways, the logical processes for crafting both are similar - which is probably handy. Nonetheless, law does present special problems that hackers need to be aware of.

To provide some help, the Software Freedom Law Center has just put together a useful legal issues primer for open source and free software projects:

This Primer provides a baseline of knowledge about those areas of the law, intending to support productive conversations between clients and lawyers about specific legal needs. We aim to improve the conversation between lawyer and client, but not to make it unnecessary, because law, like most things in life, very rarely has clear cut answers. Solutions for legal problems must be crafted in light of the particulars of each client’s situation. What is best for one client in one situation, may very well not be best for another client in the same situation, or even the same client in the same situation at a later date or in a different place. Law cannot yield attainable certainty because it is dynamic, inconsistent, and incapable of mastery by pure rote memorization. This is why we do not provide forms or other tools for “do it yourself” lawyering, which are almost always insufficient and, in fact, can be very harmful to a project’s interests.

The specific topics addressed herein are:

1. copyrights and licensing,
2. organizational structure,
3. patents, and
4. trademarks.

They are presented in this order because that most closely aligns with the life-cycle of the legal needs of a typical FOSS project. When code is written, copyrights immediately come into being. The terms under which the owner of those copyrights allows others to copy, modify and distribute the code determine whether it is considered “free” and/or “open source.” Once a project gains speed, many benefits can be achieved by the creation of an organizational entity for the project that is separate from the project’s individual developers. After successful public release of a project, patent and trademark issues may arise that need attention.

Happy Birthday, Budapest Open Access Initiative

The Budapest Open Access Initiative (BOAI) is the nearest thing to an official definition of open access that we have. Today is apparently its sixth birthday. If you want to find out more about BOAI and what's happened in those six years, where better to go than the man who helped draw up that definition, Peter Suber?

And what better birthday present could open access have have than this announcement that Harvard, or at least The Faculty of Arts and Sciences, will be adopting it as standard policy?

The Faculty of Arts and Sciences of Harvard University is committed to disseminating the fruits of its research and scholarship as widely as possible. In keeping with that commitment, the Faculty adopts the following policy: Each Faculty member grants to the President and Fellows of Harvard College permission to make available his or her scholarly articles and to exercise the copyright in those articles. In legal terms, the permission granted by each Faculty member is a nonexclusive, irrevocable, paid-up, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do the same, provided that the articles are not sold for a profit.

What Davos Can Teach Us

The World Economic Forum is a fairly disgusting dance of power and money, but even in this context intelligent observers can learn something useful. For example, here are Brian Behlendorf's thoughts on the problems of getting people to understand and engage with true openness:

On the downside: twice, I mentioned ODF vs. OOXML in conversations with people, and each time, there was a lack of awareness of the issue. I really don't want to embarrass them so I won't name names, but they were people who really should have known; one was a leader of a business that has been around for years and has serious document management and longevity issues, the other a government official who was charged with preserving his country's culture but sadly non-technical. In both cases, the initial response was along the lines of "this is a mess that you techies have created, I expect you to clean it up", as if it was simply a matter of defects in code that a company like Microsoft would be cleaning up quickly. If it turned out that valuable company data from 1993 were in a Word file format that couldn't be properly read by Office 2008, then they'd simply hire someone or a firm to dive in and repair it by hand. I believe I brought both of them around to understanding how it's not just a matter of bugfixing or outsourcing the problem, that it is a knowlege and institutional threat, and the role they need to play as informed customers in pressuring vendors to do the right thing. But, Microsoft's judo-move with OOXML of appearing to do the "right" thing that isn't actually right in practice has more power than I think you or I would wish were true.