The Copyright Emperor Has No Clothes

Tim Lee has a stonker of a post on Ars Technica drawing parallels between copyright today and property rights debates of the 18th and 19th centuries in the US. It's a hugely-enjoyable, thought-provoking piece.

He also offers some commentary on his own words:

Copyright maximalists love to draw parallels between property rights and copyrights. But if we take that analogy seriously, I think it actually leads in some places that they aren't going to like. Our property rights system was not created by Congressional (or state legislative) fiat. Property rights in land is an organic, bottom up exercize. The job of government isn't to dictate what the property system should look like, but to formalize and reinforce the property arrangements people naturally agree to among themselves.

The fact that our current copyright system is widely ignored and evaded is a sign, I think, that Congress has done a poor job of aligning the copyright system with ordinary individuals' sense of right and wrong. Just as squatters 200 years ago didn't think it was right that they be booted off land they cleared and brought under cultivation in favor of an absentee landowner who had written a check to a distant federal government, so a lot of people feel it's unfair to fine a woman hundreds of thousands of dollars to share a couple of CDs' worth of music. You might believe (as do I) that file sharing is unethical, just as many people believed that squatting was unethical. But at some point, Congress has no choice but to recognize the realities on the ground, just as it did with real property in the 19th century.

As I've noted elsewhere on this blog, the copyright debate is really hotting up as people start to question the outrageous claims and assumptions of the maximalists. The great thing is, it's becoming increasingly obvious that the copyright emperor has no clothes.

Getting the Facts About Copyright Infringement

Copyright infringement is an emotive area, generating more by heat than light. Hard facts are hard to come by, which makes this mammoth report on the subject in the UK particularly valuable. It's full of good stuff, but for me the killer was page 209, which looked people's attitudes to copyright infringement.

Here are the numbers: 70% don't think that legal download sites have the range of materials that illegal ones do and 64% would pay for stuff if it were available. As for the "three strikes and you're out" idea, 70% said they would stop if they got an email from they're ISP - but practically the same number, 68%, thought it very unlikely that they'd get caught anyway, suggesting that things aren't quite as black and white as some would have us think. (Via TorrentFreak.)

Vyatta (Hearts) Its Community

On Open Enterprise blogs.

The Sheer Ordinariness of Craig Newmark

I've written before about the excellent writing of Mark Pesce. He's at it again with a piece entitled "That Business Conversation". Although there's nothing hugely new there, it's well worth reading. I particularly liked the following section:

At one of the first of those meetings I met a man who impressed me by his sheer ordinariness. He was an accountant, and although he was enthusiastic about the possibilities of VR, he wasn’t working in the field – he was simply interested in it. Still, Craig Newmark was pleasant enough, and we’d always engage in a few lines of conversation at every meeting, although I can’t remember any of these conversations very distinctly.

Newmark met a lot of people – he was an excellent networker – and fairly quickly built up a nice list of email addresses for his contacts, whom he kept in contact with through a mailing list. This list, known as “Craig’s List”, because a de facto bulletin board for the core web and VR communities in San Francisco. People would share information about events in town, or observations, or – more frequently – they’d offer up something for sale, like a used car or a futon or an old telly.

As more people in San Francisco were sucked into the growing set of businesses which were making money from the Web, they too started reading Craig’s List, and started contributing to it. By the middle of 1995, there was too much content to be handled neatly in a mailing list, so Newmark – who, like nearly everyone else in the San Francisco Web community, had some basic web authoring skills – created a very simple web site which allowed people to post their own listings to the Web site. Newmark offered this service freely – his way of saying “thank you” to the community, and, equally important, his way of reinforcing all of the social relationships he’d built up in the last few years.

The rest, of course, is history.

Latin America Loves GNU/Linux

I was vaguely aware of the open source activity going on in Latin America, but I lacked the big picture. Matt Asay points to this feature, which provides a nice overview of the situation, country by country. It concludes:

In South American countries, as in most other areas of the world, the government is by far the biggest purchaser of software. Thus the Open Source trend that is now established in the government sector across the continent will doubtless spur Open Source adoption in the private sector.

There are a variety of motives for Open Source adoption in play in there, from the reduction in software costs to the desire to provide a "leg-up" to the local software industry. However, the motivation of the Peruvian government is unique in that the Peruvian supporters of the bill see "Open Source" as a citizen's right. The ownership and responsibility for the use of data and software have become a political issue in Peru.

This is an idea that is unlikely to go away.

A Privacy Disaster Waiting to Happen

I was already teetering on the brink of opting out of the NHS patient database; this just pushed me over:

A new national database of confidential patient records is being opened to access by NHS staff who need no professional qualifications - despite official assurances that records will only be accessed by specialists who are providing care or treatment.

A document obtained by Computer Weekly under the Freedom of Information Act also provides evidence that NHS Connecting for Health - which runs part of the £12.4bn National Programme for IT [NPfIT] - has quietly decided to weaken assurances given to patients about the confidentiality of records.

Doctors are angry because they say that patients were given an assurance that non-clinical staff would be unable to access the national summary care record database which is being trialled at NHS trusts in various parts of England.

Flash of Inspiration

One of the many flashes of insight that the Asus Eee PC has provided me with is that DVDs are dead. The Eee PC has no CD/DVD drive, but lets you plug in both USB drives and flash memory of suitably capacious volumes: who needs spinning bits of plastic when you can have totally poised transistors doing the work?

It seems someone else has had the same flash of inspiration:

AN IRISH OUTFIT, PortoMedia, is to open kiosks at which people can download the latest films straight onto a flash memory card in less than a minute.

The kiosks, in shopping centres or stations, will have up to 5,000 films available for rent or sale using a PIN number.

All punters need do in order to buy or rent a flick is to plug in their memory device, a key bought from the company resembling a standard USB, enter a PIN code, and then when they arrive home, connect the device into a dock attached to their TV and hey presto! Movie madness!

Galway-based PortoMedia reckons that a standard-definition film can be transferred to the card in 8 to 60 seconds, depending on the feature's length and the chip's speed.

Visible Body - Visibly Stupid

Here's a great idea:

Features:

*
Complete, fully interactive, 3D human anatomy model
*
Detailed models of all body systems
*
Dynamic search capability
*
Easy-to-use, 3D controls
*
Seamless compatibility with Internet Explorer

Scratch that "great idea," bit, here's a *stupid idea*: only Internet Explorer.... I thought this kind of suicidal shortsightedness went out in the 1990s. After all, who cares that Firefox has nearly 50% market share in some European countries?

The Rise and Rise of Mozilla

On Open Enterprise blog.

The (Intellectual Monopoly) Empire Fights Back

I've chronicled how WIPO is beginning to shift towards some semblance of fairness when it comes to intellectual monopolies. This is clearly bad news for those that have used WIPO to impose all kinds of unfair regimes on developing countries. It seems those forces of monopoly murkiness are fighting back - dirtily:

The World Customs Organisation is recommending far-reaching new rules on intellectual property rights that some say may extend beyond the organisation’s mandate.

Staff at the WCO’s Brussels headquarters are preparing what they describe as voluntary ‘model legislation’ to provide guidance on how IP rights can be upheld at border posts.

While they are hoping that the model will be approved by the 171-country body in June, representatives of developing countries were meeting this week to address concerns raised by Brazil over the proposal’s likely breadth.

Brazil is perturbed by a WCO recommendation that customs authorities need to be conferred with powers and be able to take measures that are additional to those set out in the key international accord on IP issues: the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS does not oblige its signatories to introduce border control measures relating to exports or goods in transit.

During discussions in February, Brazil argued that a WCO working group known as SECURE (Standards to be Employed by Customs for Uniform Rights Enforcement) had no mandate to alter the international legal framework on intellectual property.

I'm sure they won't let a little detail like having "no mandate" get in the way....

Amazon the Bellwether

On Open Enterprise blog.

Really Googling the Genome

When I wrote a piece for the Guardian four years ago called "Googling the Genome", it was more of a metaphor than a specific warning about Google rummaging through your DNA. But it's a metaphor no more:

A Harvard University scientist backed by Google Inc. and OrbiMed Advisors LLC plans to unlock the secrets of common diseases by decoding the DNA of 100,000 people in the world's biggest gene sequencing project.

The *first* 100,000 people, I think they mean....

Japan Falls Back on the "Terrorist" Trope

Godwin's Law states:

"As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one."

I'd like to propose Moody's Law as a variant:

"When governments can't come up with a real argument, they invoke terrorism."

And here we have it from the Japanese authorities:

Die Auseinandersetzung zwischen japanischen Walfängern und Tierschützern ist erneut eskaliert: Die Organisation Sea Shepherd hat ein Walfangschiff mit Buttersäure beworfen. Die Aktivisten sprechen von harmlosen Stinkbomben, Japans Regierung von einem Terrorangriff.

[The confrontation between the Japanese whalers and animal rights activists has escalated again: the Sea Shepherd Organisation has thrown Butyric Acid at a whaling ship. Activities speak of "harmless stinkbombs", the Japanese government of a "terror attack."]

What Planet Are They On?

First there were RSS feeds, but that soon became too messy. So people have bundled up similar feeds into planets - clever. Here's one of the latest: Planet Creative Commons

This page aggregates blogs from Creative Commons, CC jurisdiction projects, and the CC community.

If nothing else, it will give you a chance to practise your Slovenian.

Microsoft's Finances

Much of Microsoft's power - particularly the kind used in bluffing - flows from an unwritten assumption that it is a huge, vastly-profitable company, with almost limitless resources. The limitless resources bit will certainly change if it acquires Yahoo, since it has admitted that it will need to borrow something like $20 billion to finance that transaction. But there is increasing evidence that even without that gargantuan meal to pay for, Microsoft's financials are not as rosy as they seem.

One of the most assiduous followers of this angle is Roy Schestowitz. The only problem has been that his posts on the subject have been running for so long that there is something of a rat's nest of links to follow on on his site if you want to see the big picture.

Happily, he has just put together a consolidated piece that links to all the main pieces of the puzzle:

Here is a summary of about half of our posts which cover this area. To make them digestible (readable without having to follow the link), a summary of references (external) and key points are provided for each.

Worth keeping an eye on.

Bruce Schneier Knows Alice and Bob's Shared Secret

I want one, too.

Elonex One Sighted

So now there's a Web site with some details.

Also worth taking a look at is this BBC video. One thing I noticed was the little stand to prop the macine up: this doesn't surprise me, since it looks slightly top heavy with its big screen and thin keyboard.

It's obviously slightly underpowered compared to the Asus Eee PC, but may well be "good enough", especially for the education market. I hope it does well, not least because it's innovative.

Microsoft's New Meme: "Marketplace Relevance"

Well, you can probably guess what Microsoft's Jason Matusow writes in his post about the Geneva BRM from the headline:

The Open XML Ballot Resolution Meeting (BRM) Was An Unqualified Success

That, of course, was to be expected. But what interests me is a new Microsoft meme that seems to hint at how they will try to play this going forward:

ISO/IEC standards are not only technically sound, but they should also be relevant to the marketplace.

* DIS 29500, as improved through the rigorous review of the past year and the decisions made by delegations during the BRM, is a specification that meets both bars of technical quality and marketplace relevance.
* Independent implementations of the specification are already available on most major operating systems platforms and in hundreds of applications. The statement that Open XML is about a single vendor is specious and empirically false.
* Open XML has brought more attention to, and interest in, international standardization than any specification in the history of the ICT industry. The reason for this is simple - greater openness in all document formats (not just Open XML) is a good thing for everyone. There is general recognition that there will be broad adoption of this format around the world. Open XML delivers on that promise and is part of the rich ecosystem of open document formats that are driving this issue forward.
* At the end of the day, customers should be able to choose the format(s) that best meet their needs and should not be told which technology to use. Open XML, as improved through the hard work of national bodies over the past year, is an attractive alternative for them.

This seems to be preparing the ground for an eventual rejection of OOXML. The line would be well, being an official ISO standard isn't *so* important: what matters is "marketplace relevance". And we all know what that means: just keep that status quo rolling...

Geneva BRM Vote Result: It's Clearly "Zlthoy"

If anyone can make sense of what happened this week in Geneva during the BRM process it's Andy Updegrove. He has an unrivalled grasp of both standards in general and the specific background to the whole sorry business. So the fact that I don't really understand his post of what exactly the final result of the meeting was is a worrying indication that my brain has started to rot.

Here's the summary:

There are two ways in which you may hear the results of the BRM summarized by those that issue statements and press releases in the days to come. Perhaps inevitably, they are diametrically opposed, as has so often happened in the ODF - OOXML saga to date. Those results are as follows:

98.4% of the OOXML Proposed Dispositions were approved by a two to one majority at the BRM, validating OOXML

The OOXML Proposed Dispositions OOXML were overwhelmingly rejected by the delegations in attendance at the BRM, indicating the inability of OOXML to be adequately addressed within the "Fast Track" process

Oh, thanks, Andy. I think what I'm looking for here is a kind of Hegelian synthesis of those two contradictory statements.....

On Being Open

Interesting thoughts from Cory Ondrejka on the virtues of telling people what you're doing when you start a new company, rather than trying to keep everything secret:

It may seem slightly counterintuitive, but once you noodle on it a bit, being open is a tremendously positive and competitive move. It forces your ideas to survive far broader scrutiny, makes it easier to hire, and lets your early employees do what they want to be doing anyway: brag about their cool, new company.

He also makes another crucial point:

It’s similar to considering how to talk about competitors. Sure, having enemies can be motivational and useful when you are getting started, but you and your competitors are collaboratively shaping the landscape for your new companies. Spending time publicly bashing them makes you look like an ass and hurts your ability to work together down the road. It is rare for any sector to be winner-take-all – even eBay has competitors – and multiple, high-quality products in a space can help ensure the overall business grows far quicker than any one company could on its own.

Such "bashing" is much rarer in the open source world, since everyone is effectively working together - the code is open, after all. Your competitor is also your collaborator, since ideas - and even code - can generally flow freely between you.

Microsoft Using NGOs in India to Lobby for OOXML?

If this is true - and I have no reason to think it isn't - then I predict that it will come back to bite Microsoft very badly one day:

Mail from Microsoft India's Corporate Social Responsibility group to the NGO

As per our discussion please find attached the draft letters -­ please cut/edit/ delete and change it any which way you find useful. Also attached is the list of NGOs who have sent the letters. And attached is also a document that details wht (sic) this debate is all about. Look forward to hear from you in this regard. In case you decide to send the letters, can you please send me a scan of the singed (sic) letters that you send out. Thanks this will help me track the process.

Thanks

Form letters on OOXML sent by Microsoft to NGOs

To

Mr. Jainder Singh, IAS
Secretary
Department of IT
Ministry of Communications & IT,
Electronics Niketan
CGO Complex
New Delhi - 110 003

Respected Sir

Please write a paragraph about your organization

Please paraphrase "We support OXML as a standard that encourages multiplicity of choice and interoperability giving us the ultimate consumer the choice. * recognizes that multiple standards are good for the economy and also for technical innovation and progress in the country, especially for smaller organizations like us, who require choice and innovation"

Please write about your work

Please paraphrase "*** also supports OXML as this does not have any financial implications thus releasing our resources for welfare and development of society."

Thanking You

Yours Faithfully

Name Designation

(Via Open Source India.)

Do You Dare to Brainstorm?

On Open Enterprise blog.

Sounding Off Against Sound Copyright

Talking of petitions, here's one against extending the copyright in sound recordings, open to anyone. It includes the following excellent summary of what we're fighting for:

Copyright is a bargain. In exchange for their investment in creating and distributing sound recordings to the public, copyright holders are granted a limited monopoly during which are allowed to control the use of those recordings. This includes the right to pursue anyone who uses their recordings without permission. But when this time is up, these works join Goethe, Hugo and Shakespeare in the proper place for all human culture – the public domain. In practice, because of repeated term extensions and the relatively short time in which sound recording techniques have been available, there are no public domain sound recordings.

This situation is about to change, as tracks from the first golden age of recorded sound reach the end of their copyright term. The public domain is about to benefit from its half of this bargain. Seminal soul, reggae, and rock and roll recordings will soon be freed from legal restrictions, allowing anyone (including the performers themselves and their heirs) to preserve, reissue, and remix them.

Major record labels want to keep control of sound recordings well beyond the current 50 year term so that they can continue to make marginal profits from the few recordings that are still commercially viable half a century after they were laid down. Yet if the balance of copyright tips in their favour, it will damage the music industry as a whole, and also individual artists, libraries, academics, businesses and the public.

The labels lobby for change, but have yet to publicly present any compelling economic evidence to support their case. What evidence does exist shows clearly that extending term will discourage innovation, stunt the reissues market, and irrevocably damage future artists' and the general public's access to their cultural heritage.

As Europe looks to the creative industries for its economic future, it is faced with a choice. It can agree to extend the copyright term in sound recordings for the sake of a few major record labels. Or it can allow sound recordings to enter the public domain at the end of fifty years for the benefit of future innovation, future prosperity and the public good.

Everyone Loves an Open Source Hacker

On Open Enterprise blog.

End Software Patents Now!

One of the most remarkable - and heartening - changes in recent years has been in the attitude to software patents. Until a few years back, there was a certain fatalism regarding these particularly pernicious intellectual monopolies, as if they belonged, with death and taxes, to the inevitable and immutable. But people have started fighting back, both in terms of seeking to have patents revoked, and trying to get the entire category abolished.

The latest manifestation of this is the End Software Patents site:

Every company is in the software business, which means that every company has software liability. We estimate $11.4 billion a year is spent on software patent litigation (see our resources for economists page), and not just by Microsoft and IBM—The Green Bay Packers, Kraft Foods, and Ford Motor are facing software patent infringement lawsuits for their use of the standard software necessary for running a modern business.

Software innovation happens without government intervention. Virtually all of the technologies you use now, was developed before software was widely viewed as patentable. The Web, email, your word processor and spreadsheet program, instant messaging, or even more technical features like the psychoachoustic encoding and Huffman compression underlying the MP3 standard—all of it was originally developed by enthusiastic programmers, many of whom have formed successful business around such software, none of whom asked the government for a monopoly. So if software authors have a proven track-record of innovation without patents, why force them to use patents? What is the gain from billions of dollars in patent litigation?

Best of all on what is sure to become one of the central sites in the fight against patents, are the resources. Even though I follow this area closely, I was amazed at just how much hard evidence there is that software patents are harmful from just about every point of view. Victory just got closer.