Privacy Trumps Copyright in EU?

This could be big:

Today the German Constitutional Court decided that the state may not engage in surreptitious surveillance of information technology systems. The case, a constitutional complaint against a law permitting such surveillance by intelligence services, was decided on the basis of a new human right in the confidentiality and integrity of information technology systems.

...

The decision may have a dramatic impact in relation to the constitutionality of protected rights management information systems deemed to protect copyright. Where a supplier of copyright works manipulates data stored on a customers computer, or where personal data are being collected in order to allow the right holder to trace the use of works supplied online, it appears that if the customer can invoke the new right there is little left to argue for right holders that such means are necessary to protect copyright.

Now let's watch this ripple through the European Union until it reaches that nice Mr Brown and his plans to get heavy with ISPs over alleged copyright infringements on their networks....

MySQL's Disappearing Anti-Patent Page

Here's a troubling observation:

Go to the MySQL Web site and try to click on the MySQL anti-software patent page, and you won't find it. It's the other shoe dropping as MySQL today became part of Sun Microsystems, which like the rest of the commercial software and services industry, considers software patents a necessary evil.

Let's hope this isn't part of a larger trend at the new MySQL....

Free As in ...."Free Love"?

Techdirt's Mike Masnick pointed to yet another exploration of free as a business model. It's called "Free Love":

which is all about the ongoing rise of 'free stuff', and the brands already making the most it. Not to mention the millions of consumers who are happily getting into a free-for-all mindset. Yes, expectations are being set. Absorb and apply!

In fact, this is probably the best round-up to date of all the different kinds of free business models. It had all the ones I had come across, and many I hadn't.

Mike concludes his post with an excellent - and self-referential - point:

It's neat to see all of these different things come out at the same time -- once again highlighting the concept that ideas generally aren't formed in a vacuum. The trends that resulted in so many people recognizing the same thing at once are all around us. Yet, if we believed in the world where artificial scarcity rules, then we'd be focused on who "owned" this concept and who got the rights every time someone else mentioned it. That, of course, would be silly. By allowing so many different people to express these concepts, not only do we all get to see different perspectives on the same concept, but we get to learn from each other and build on these ideas.

Peace, man.

Hardware's Race to the Bottom

I've written several times about the importance of the Asus Eee PC; here's another way of looking at it:

At Sony's annual Open House event, Sony's IT product division senior vice president Mike Abary said if the Asus Eee PC starts to do well, it could potentially shift the entire notebook industry into a race to the bottom.

If mainstream PC buyers start to find their needs met by a lightweight, simply featured, inexpensive portable, it's likely to impel all of the major players in the industry to pile on by lowering their prices.

This, of course, is precisely what open source has done to proprietary code, so it's interesting to see the same happening to hardware, again driven by free software.

The Council of the EU is Barking

Want some amusement? Try this, which comes from the Council of the EU:

In order to succeed in the transition to a highly competitive knowledge economy, the European Union needs to create a "fifth freedom" - the free movement of knowledge. Member States and the Commission are invited to deepen their dialogue and expand their cooperation in order to further identify and remove obstacles to the cross-border mobility of knowledge.

Now, the easiest and most obvious way of removing "obstacles to the cross-border mobility of knowledge" would, of course, be to mandate open access.

Of which there is no mention whatsoever in said communication. (Via Open Access News.)

Broadcast Treaty Threatened Again

This idea died at WIPO, and should now be laid to rest with the canonical stake through its heart:

in view of a standstill in WIPO (World Intellectual Property Organisation) negotiations on a convention on neighbouring rights of broadcasting organisations, the Committee of Ministers has asked the Council of Europe body entrusted with developing standards on freedom of expression, media and new communication services - the Steering Committee on the Media and New Communication Services (CDMC) - to take stock of the situation and, if justified, to elaborate a draft Council of Europe convention designed to reinforce the protection of those rights (near copyright of broadcast signals). Such a convention would add to existing Council of Europe instruments on this and related subjects, which include a number of recommendations and declarations as well as a 1994 convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite and the 2001 convention on the legal protection of services based on, or consisting of, conditional access.

(Via IP Justice.)

Open Enterprise Interview: Ivo Jansch

On Open Enterprise blog.

The Chumby Era Begins

Today is a Chumbylicious day:

Chumby Industries announced today the public launch of the chumby, its much-anticipated compact consumer Internet device that enables people to receive a constant personalized broadcast of their favorite parts of the Web. The chumby device is currently available in the U.S. at www.chumby.com for $179.95 including shipping.

A little bigger than a coffee cup, the Wi-Fi connected chumby provides people with a fun, hassle-free way to enjoy what they want most out of the Internet at a glance and wake up to thousands of different streaming Internet radio stations, custom "alarm tones," videos and more. With a large and growing base of content from the Internet, including the latest news, weather and entertainment, as well as the ability to share photos, widgets and e-cards with family and friends, the chumby is one of the most versatile and lifestyle-friendly Internet enabled devices on the market today.

One reason why it is so versatile is that it runs GNU/Linux and is designed to be hacked. Here's what Linux Journal had to say on the subject:

“Chumby Industries was formed by hackers who wanted to create something interesting, useful and different. The starting point was the humble clock radio”, its creators explain. Since then, Chumby has evolved from a clock in a cushion to an Any-purpose Net-native Linux device. That's any with a capital A, because the Chumby is built to be hackable at every level, including the physical. Not only does it sense motions and squeezings, but it also hosts an assortment of charms, through its “outerware API”. The charms and much more about the Chumby were designed by Susan Kare (who designed the original desktop icons for the Macintosh and Windows, among too many other things to mention). Susan is Creative Director for Chumby. The company might be cuddly, but it means business too.

And if that's not enough, one of the founders of Chumby is Bunnie Huang, ace hardware hacker. I'm sure that the Chumby will not only be hugely successful, but will spawn an entire industry of configurable consumer widgets.

The only blemish is that you can't currently buy the Chumby outside the US.....

All A-Twitter About Open Source

Here's a clever idea. For those - like myself - who don't Twitter, but want to keep up with the Twittersphere, Raven Zachary has put together a consolidated feed of some of the main open source Twitterers:

To highlight open source activity on Twitter, I have launched a new web application today called The Pulse of Open Source. This is the stream of collective consciousness from the open source community on Twitter. You can follow this stream by simply bookmarking the site and visiting regularly or by adding the RSS feed to your feed reader. You can also create a Twitter account and add the individuals you’d like to follow to your own Twitter friends list if you’d prefer. There is also a mobile version of the site for on-the-go viewing.

I particularly like the fact that I can subscribe to an RSS feed, which justs adds to flow of info that sloshes down every few minutes.

OOXML: "Insufficient and Unnecessary"

Google is pretty careful not to poke the Redmond behemoth too publicly, but apparently it couldn't resist over the upcoming OOXML vote:

Currently, the technology industry is evaluating a proposed ISO standard for document formats. Given the importance of a workable standard, Microsoft's submission of Office Open XML (OOXML ) as an additional international standard has caught the attention of many. In September 2007, the original request to ISO was defeated. After further technical analysis of the specification along with all the additional data available on OOXML, Google believes OOXML would be an insufficient and unnecessary standard, designed purely around the needs of Microsoft Office.

Still Not Learning from Past Experience

The intellectual monopolies lord giveth, and the intellectual monopolies lord taketh away:

Blackboard has prevailed in an e-learning patent dispute against Desire2Learn. A federal jury in Lufkin, TX made the determination Friday afternoon, following a two-week trial. Blackboard was seeking $17 million in lost revenue, as well as an injunction against the company, which is based in Canada.

As you may recall, Blackboard is claiming a ridiculous broad patent on a wide range of obvious ideas:

A system and methods for implementing education online by providing institutions with the means for allowing the creation of courses to be taken by students online, the courses including assignments, announcements, course materials, chat and whiteboard facilities, and the like, all of which are available to the students over a network such as the Internet. Various levels of functionality are provided through a three-tiered licensing program that suits the needs of the institution offering the program. In addition, an open platform system is provided such that anyone with access to the Internet can create, manage, and offer a course to anyone else with access to the Internet without the need for an affiliation with an institution, thus enabling the virtual classroom to extend worldwide.

(Via Techdirt.)

An Open Marriage Made in Heaven?

Maybe Microsoft and Yahoo *are* made for each other. After all, both seem to have got the hots for openness - first Microsoft, and now Yahoo:

"Yahoo Buzz is a good example of how we are continuing to innovate and open up our key starting points to third party publishers, making Yahoo! more social and personally relevant for our half a billion consumers," said Jeff Weiner, executive vice president, Yahoo! Network Division. "In addition, we recently announced that we will be opening up our user interface for Yahoo! Search, as well as creating a smarter inbox by opening up Yahoo! Mail, two other key ways that consumers start with Yahoo!."

Unfortunately, I'm with Hamlet on this one: words, words, words. (Via Mashable.)

Patents to Stifle Competition? - Surely Not

Another judge gets it:

A federal judge recently got so infuriated by the conduct of two highly regarded trial attorneys that he overturned a jury's $51 million verdict, then ordered the lawyers to pay the fees and costs of the opposing lawyers, a sum that could total several million dollars.

U.S. District Senior Judge Richard P. Matsch sanctioned attorneys Terrance McMahon and Vera Elson of the firm McDermott, Will and Emery, of Chicago and San Francisco, for "cavalier and abusive" misconduct and for having a "what can I get away with?" attitude during a 13-day patent infringement trial in Denver.

He ruled that the entire trial was "frivolous" and the case filed solely to stifle competition rather than to protect a patent.

(Via Slashdot.)

Get a Life? - Get a Clue

I came across the following at the weekend:

Speaking at a Microsoft-hosted event, analyst David Mitchell revealed he used to lecture police on riot control, before eventually becoming the senior vice president of IT research at Ovum. "I thought I would never come back to talking about riot control until I got into the Open XML debate," he claimed.

Mitchell said that people involved in riots fell into two camps: "decent orderly protestors and nutters", and claims that both are participating in the OOXML process. "There are a number of comments that are decent technical debate," he said. "There's also a fair amount of radical activists who are protesting just to cause disruption."

"I feel like getting hold of people and saying 'get a life'," he adds. "It's only a document format. It's just got too silly."

Only a document format?!? How can someone who's supposed to be an analyst be unaware of the larger issues? Document formats are the offline equivalent of HTML, and openness is just as critical off as on the Web. To say that "it's only a document format" misses the point entirely.

Having boiled up a nice vat of invective, I was going to lay into this wrong-headed thinking at some length, when I came across this post by Andy Updegrove, which is not only one of his best, but I would venture that it is also one of his most important. It says more less exactly what I was going to say, only rather better:

It should not go unmentioned that the stakes for society are even higher than I have thus far suggested, because the questions raised above extend beyond the field of ITC [information technology and communications]. Standards of equal importance are urgently needed in other areas as well. These will have as profound an impact on commerce and the human condition in areas such as global warming, and will tell us what we can and cannot do except at our peril, how we will determine whether we are winning or losing that battle, and how we can police ourselves from subjecting ourselves to further environmental degradation.

So it is we see that what happens in Geneva this week is about far more than whether Microsoft wins and IBM and its allies lose or vis-versa, even if that will be the superficial result. It is about fundamental human rights, about not only seizing but also securing the opportunities of the future for the benefit of all. Only by thinking clearly and deeply about these larger issues will we be able to adapt the practices of the past to meet the challenges of a future that has already arrived, whether we realize it or not.

Adobe Opens Up (A Bit)

On Open Enterprise blog.

Madness: ATMs Running Windows XP?

How stupid can banks get?

A white paper by security services company Network Box has said ATM's are less secure because of changes to the way they operate. It said that 70 per cent of current ATMs are essentially PCs running PC operating systems like Windows XP. This makes them more susceptible than when ATMs were mainly built with proprietary software and communication protocols.

...

"If [the banks] have got Windows XP-based ATM's then this is obviously something which is a concern. We don't want our details sent in plain text. The current firewall protection is not sufficient and they need to look seriously in how to rectify this so there isn't a breach," said Heron.

So *that's* why the collective noun for bankers is a wunch.

Open Voices – Mark Shuttleworth

On Open Enterprise blog.

The Value of Nothing

One of those joining this blog in pointing out the power of pricing at zero is Chris Anderson. His next book is called simply "Free", and he's published a convenient synopsis in the form of an article in his personal publishing vehicle, Wired:

It took decades to shake off the assumption that computing was supposed to be rationed for the few, and we're only now starting to liberate bandwidth and storage from the same poverty of imagination. But a generation raised on the free Web is coming of age, and they will find entirely new ways to embrace waste, transforming the world in the process.

Judging by the article, the book will be highly anecdotal - no bad thing for a populist tome. My only concern is that the emphasis will be too much on the "free as in beer" side, neglecting the fact that the "free as in freedom" aspect is actually even more important.

Digital Reputations

I've not read the book The Future of Reputation, but the fact that it's freely available and comes recommended by Danah Boyd is good enough for me:

This book examines the darker side of personal expression and communication online, looking at some of the social costs of what I'm always rambling on about as "persistence, searchability, replicability, and invisible audiences." Our reputation is one of our greatest assets. What happens when our own acts or the acts of others sully that? What role does the technology play in enabling or stopping that? How should the law modernize its approach to privacy and slander to address the networked world?

Reputations play a crucial role in the free software world - a good reason to give the book a whirl.

Let Us Now Praise Patent Troll Trackers

So the anonymous patent troll tracker is anonymous no more:

My name is Rick Frenkel. I started in IP over 10 years ago, as a law clerk at Lyon & Lyon in Los Angeles. After a few years there as a law clerk and attorney, I litigated patent cases for several years at Irell & Manella. Two years ago I moved to the Valley and went in-house at Cisco. In my career, I have represented plaintiffs, defendants, large companies, small companies, individual inventors, universities, and everything in between. I currently work at Cisco.

Do I care? Not a jot. What I care about is this:

Now that I have been unmasked, I’m not sure where the blog is going from here. I’d like to keep it going. For one, I still have quite a few post ideas in me (indeed, I have several already prepared, waiting to go). Further, there aren’t many in-house counsel blogging, and I think we deserve a voice. I’m going to take off the next couple of weeks to think it over.

He can be called Rick or Rumpelstiltskin for all I care: he performs a hugely valuable service that the world of computing would be poorer without. Let's hope those couple of weeks of thinking it over mark a hiatus and not a halt.

Why eGov UK is Doomed

Read this and weep:

Directgov welcomes and encourages other websites to link to it as the main UK central government website. By linking to Directgov you are deemed to have signed up to the terms and conditions.

Terms and conditions? For linking to a website??? If this is how little "the main UK central government website" groks the essential nature of the organic, evolving, pullulating Net, no wonder so many government IT projects are such an utter disaster.

Let a Thousand (Open Source) Blogs Bloom

Reading the various reactions to Microsoft's "big" announcement about openness, I was struck by the cumulative force of all the different open source blogs offering their two penn'orth. It made me realise how important it is to have ever more of the things to add to the blogospheric pressure.

And so, against that background, let me say: Welcome, Green Eggs and Ham.

No, I don't know either.

Firefox Hits 500,000,000 Downloads

Make mine half a milliard.

Microsoft Gets Open Source Religion – Or Maybe Not

On Open Enterprise blog.

UK Copyright Extension Alert

Even though the Gowers Review comprehensively trashed the idea of extending copyright for sound recordings, zombie-like it's back as a Private Member's Bill. The indispensable Open Rights Group has more and tells you what do about it. Hint: it involves writing to your MP:

What can you say to persuade your MP to show up to the Commons on a Friday? Perhaps you might point out that all the economic evidence points against term extension. Or that every other UK citizen is expected to contribute to their pension out of income earned in their working life. Or that retrospectively extending copyright term won’t encourage Elvis Presley to record any more new tracks. Or that if governments continue to draft intellectual property legislation on behalf of special interest groups, it will only further erode the respect that ordinary citizens have for the letter of the law.