How Sick Are Patents? Ask Indonesia

Some time back I noted that one of the crazier consequences of an obsession with intellectual monopolies was that vital health information - specifically, DNA sequences of bird flu viruses - were not being released to other laboratories for fear that the unscrupulous might patent the damn things (as if naturally-occuring DNA could be patented). Fortunately, the country in question, Indonesia, was persuaded to release them to the scientific community for the common good. And what happens? This:

A recent patent search has revealed that the CDC, which is a WHO collaborating centre, is applying for a patent for a new vaccine against influenza, particularly for bird flu (H5N1). The vaccine incorporates genes from a H5N1 strain isolated from an Indonesian human victim of bird flu in 2005.

The strain that contains the genes was transferred to the WHO GISN by Indonesia for characterization for public health purposes, but may wind up as the property of the US government.

Under US law, the US government agencies would offer licenses to the technology to pharmaceutical companies. The patent application indicates that the US government intends to pursue the claim in most countries of the world, including Indonesia itself, as well as neighboring countries.

Got that? Indonesia releases the sequences, and the US CDC does indeed patent that information, a situation which could then force Indonesia to pay for vaccines based on its own sequence data to protect its citizens. This probably means that fewer vaccines will be bought, more people will die, more mutations in the flu virus, and more deaths globally. So how, exactly, is this particular intellectual monopoly good for the world?

I just hope that one day a book is written about this, and the people responsible are named - and utterly shamed - for actions that are not only morally despicable in themselves, but which endanger literally the whole of humanity. How sick is that...? (Via How the World Works.)

Why Kindle Must Support ODF

I'm not a Kindle user. In part, because it's not available in the UK, but also because it seems too closed in terms of its overall architecture. But it's clearly winning fans - and I think that's going to be a problem.

Why that might be is revealed by this interesting posting:

Reading .DOC and (some) .PDF files. This part of the Kindle's function turns out to be much more important than I anticipated.

Mine can't be the only line of work that involves an endless stream of material to read, often arriving as Word .DOC or Adobe .PDF files. I resist printing them out, and I resent the additional hours of sitting in front a computer screen to read them.

By moving them instead to the Kindle, (a) I have them all in one place, (b) I avoid lugging around, or forgetting, that much additional paper, and (c) I have them in a much nicer form for reading than the computer itself.

I think this is right: I, too, would be tempted by a very lightweight system with a high-quality screen specifically designed for reading electronic texts. But as the writer notes, Kindle is great for two main formats: .doc and PDFs. As far as I am aware, there is no support for ODF. Assuming Kindle catches on, that's going to be an increasing problem for those of us pushing ODF.

Maybe time to start a campaign for ODF support on the Kindle....

Net Neutrality Explained for Old Technologists

Neat:

the argument over net neutrality is essentially a rehash of the argument between whether a network is more efficient if it uses circuit switching or packet switching. To recap, circuit switching is where a network holds open a dedicated network channel between two endpoints, whereas packet switching is when the data transferred between the endpoints is split up into packets, which may traverse the network by different routes, and even arrive out of order (and are re-sequenced at the receiving end).

POTS telephony traditionally ran on circuit switching, but tcp/ip networking introduced the packet switching paradigm, which happens to be much more efficient. It appears that opponents of network neutrality want, in effect, to scrap packet switching and make parts of the net run on a less efficient paradigm.

Thus fighting net neutrality emerges as a nostalgia for the days when men were men, and a circuit was a circuit.

Opening Up Democracy's Source Code

Given that the body of law forms a kind of source code for democracy, this is extremely good news:

We already have a substantial free legal web, but it is not joined up. We have the resources and the technologies to join it up — now — for the benefit of lawyers and the community at large. Those of us who have an interest in access to the law and justice and the efficient provision of legal services have a duty to make this happen.

There has in the past 18 months been a sea change in Government’s attitude to the provision of Public Sector Information (PSI) and the encouragement of user-generated services supporting government. In particular, the independent Power of Information Review recommended changes that have been substantially accepted by Government, who, through the Power of Information Task Force are now committed to making this happen.

The time has come to build the Free Legal Web.

More thoughts on what needs to be done from the Open Knowledge Foundation.

Two Japans

Why does Japan do brilliant things like this:

Japan is to carry carbon footprint labels on food packaging and other products in an ambitious scheme to persuade companies and consumers to reduce their greenhouse gas emissions.

The labels, to appear on dozens of items including food and drink, detergents and electrical appliances from next spring, will go further than similar labels already in use elsewhere.

While, at the same time, it does cretinous things like *this*?

Linux Foundation Interview with Mozilla's Mitchell Baker

On Open Enterprise blog.

Open Source Pro-Tibet Protest in Beijing

Five pro-Tibet activists unfurled a banner spelling out “Free Tibet” in English and Chinese in bright blue LED “throwie” lights in Beijing’s Olympic Park tonight. The five were detained by security personnel after displaying the banner for about 20 seconds at 11:48 pm August 19th. Their whereabouts are unknown.

So far, so uplifting. But wait:

The lights used on the banner are blue 10 mm light-emitting diodes (LEDs) powered by small batteries, commonly known as “throwies.” Throwies are open-source technology attributed to OpenLab and Graffiti Research Lab, developed as a means of creating non-destructive graffiti and light displays. This is the first time ever that they have been used on a banner. James Powderly, free speech activist and co-founder of the Graffiti Research Lab (GRL), was detained in Beijing early this morning (see http://freetibet2008.org/globalactions/jamespowderly).

Open source throwies: what will they think of next? (Via Boing Boing.)

The UK Super-Snoop DB: DOA

The government is pressing ahead with plans to spend hundreds of millions of pounds on a massive central silo for all UK communications data, The Register has learned.

Home Office civil servants are working on plans for the database under the banner of the Interception Modernisation Programme (IMP). The team has recently been expanded and a director-level official appointed to run the project, which is not yet official policy in public.

Sources said secret briefings revealed the cost of the database would run to nine figures and has already been factored into government spending plans. The IMP budget was part of the intelligence agencies' undisclosed allocation in the Comprehensive Spending Review last year. In an answer to a parliamentary question on 8 July, the Home Office refused to provide any budgetary details, citing national security concerns.

The sum will dwarf the £19m we recently reported the government has given telecoms companies to service authorities' data requirements since 2004. The überdatabase will render existing arrangements for sharing communications data with government agencies obsolete.

It's a times like these that I fall on my virtual knees and bless the cyber-gods that ensure every single major UK government project is a complete and utter failure, so this doesn't stand a snowball's chance in hell of ever working properly. Phew.

Number 10 Goes to Digistan

Well, not exactly, but that's we were asking for in an e-petition:

“We the undersigned petition the Prime Minister to adopt the Hague Declaration of the Digital Standards Organisation.”

Details of Petition:

“We call on the UK government to: (1) Procure only information technology that implements free and open standards; (2) Deliver e-government services based exclusively on free and open standards; (3) Use only free and open digital standards in their own activities. as adopted and proclaimed by the founders of the Digital Standards Organization in The Hague on 21 May 2008.”

And this is what that nice Mr Brown replied:

The UK Government champions open standards and interoperability through its eGovernment Interoperability Framework Version 6.0, 30th April 2004 (eGIF) and through the publication of its Open Source Software Policy which is available in the document “Open Source Software, Use within UK Government, Version 2.0, 28 October 2004”.

This and eGIF are available from www.govtalk.gov.uk. Where possible the Government only uses products for interoperability that support open standards and specifications in all future IT developments.

So there you go.

Ubuntu + Dell = The Ultimate Ultraportable?

On Open Enterprise blog.

Authoriterrorism...

...is:

the practice of (i) mislabeling as property a limited monopoly granted by society as a means to get, after an originally short period of deprivation, more creative works available for all to enjoy and build upon; (ii) promoting the extension of the monopoly and other authoritarian laws that grant authoriterrorists technical and legal means to steal from society the fulfillment of the goal of copyrights; (iii) using these technical and legal measures and scare tactics to stop people from using works in ways that fall outside the scope or the period of the monopoly; (iv) brainwashing people so they believe they don't and shouldn't have the right to use works in these ways, that it would somehow harm authors (as if authoriterrorists didn't), and that it is the moral equivalent of invading ships, stealing the cargo and enslaving or murdering the tripulation.

Not quite sure what a tripulation is, but anyway....

Open Source (Still) Seeds the Startups

On Open Enterprise blog.

ID Cards Break the Laws (of Identity)

Regular readers of this blog will know that I follow the wacky world of ID cards and related matters quite closely, and it will come as no surprise that the following "short version" of the Laws of Identity by Mr Identity himself, Kim Cameron, piqued my interest:

People using computers should be in control of giving out information about themselves, just as they are in the physical world.

The minimum information needed for the purpose at hand should be released, and only to those who need it. Details should be retained no longer than necesary.

It should NOT be possible to automatically link up everything we do in all aspects of how we use the Internet. A single identifier that stitches everything up would have many unintended consequences.

We need choice in terms of who provides our identity information in different contexts.

The system must be built so we can understand how it works, make rational decisions and protect ourselves.

Devices through which we employ identity should offer people the same kinds of identity controls - just as car makers offer similar controls so we can all drive safely.

What struck me was how badly our dear ID cards will do against these, especially:

It should NOT be possible to automatically link up everything we do in all aspects of how we use the Internet. A single identifier that stitches everything up would have many unintended consequences.

I think we can safely say that however they implemented, the UK ID card will comprehensively break these laws of ID, not least through the process of "stitching everything up"...

Blood-Spattered Japan Plays Dirty

Japan today said it would take legal action against three members of the Sea Shepherd conservation group, including one Briton, whom it accused of obstructing its whaling fleet during clashes in the Antarctic early last year.

In a further sign of Japan's hardline stance against anti-whaling activists, police will place the men, a Briton named by sources as Daniel Bebawi, 28, from Nottingham, and two Americans on an international wanted list as soon as arrest warrants are issued.

Well, two can play at that game. I'm sure we can find a court somewhere to declare the members of the Japanese government guilty of crimes agaisnt humanity for permitting whaling....

Has YouTube Just Been Saved?

On Open Enterprise blog.

Determined Determinists

Human free will might seem like the squishiest of philosophical subjects, way beyond the realm of mathematical demonstration. But two highly regarded Princeton mathematicians, John Conway and Simon Kochen, claim to have proven that if humans have even the tiniest amount of free will, then atoms themselves must also behave unpredictably.

That might seem bad news for dyed-in-the-wool determinists like me (sorry, I can't help it). But no, it was all pre-ordained that no less a personage than Gerard 't Hooft, long ago the top man of instantons, the subject of my PhD, would step in and save the (determinist) day:

Gerard ’t Hooft of the University of Utrecht in the Netherlands, who won the Nobel Prize in physics in 1999, says the pair’s conclusions are legitimate — but he chooses determinism over free will. “As a determined determinist I would say that yes, you bet, an experimenter's choice what to measure was fixed from the dawn of time, and so were the properties of the thing he decided to call a photon,” ’t Hooft says. “If you believe in determinism, you have to believe it all the way. No escape possible. Conway and Kochen have shown here in a beautiful way that a half-hearted belief in pseudo-determinism is impossible to sustain.”

So where do *you* stand - and remember, you have no choice in the matter....

The Olympian Apache

Here's a nice reminder that open source - in the form of Apache - has been head of the field for more than 12 years, despite what certain companies would have us believe:

In 1996 the World Wide Web was truly in its very early stages. The Olympics took place less than a year after Netscape went public, which many consider the key event marking the transition of the Internet from a research network used primarily by the technical community to the commercial behemoth that it went on to become.

The new World Wide Web had the feeling of magic, but, in 1996, it was pretty primitive magic. To begin with, the vast majority of people accessing the Web at the time were doing so over slow dial-up modems with bandwidths of 56 kilobits per second or less. Only at work, if you were lucky, did you have access to faster broadband speeds. It wasn't until years later that broadband usage in the home became commonplace.

As we were planning the IT infrastructure for the Olympics website, hardware was not an issue. We used IBM's SP family of parallel supercomputers which we were confident would provide us with all the computing power we could want.

But the software for web servers was quite immature. Netscape's web software was the most widely used in those days, and while it was adequate for small workloads, its scalability was suspect. We could not use it. Instead, we used the open source Apache Server as the basic web server, and custom built the extensions needed to support its content, applications and other capabilities.

We were pretty sure that the Atlanta Olympics website was the largest such web project anyone had undertaken so far. Because it was all so new, we did not know how many people would come to our website and what features they would use once they got there. We were well aware of the considerable risks inherent in doing such a complex, new project on such a global stage. We knew, for example, that beyond a certain number of users, the response time would start to degrade, and if sufficiently stressed beyond its capabilities, the system could become unstable and crash.

...

Our Olympics website worked quite well, except for some unduly slow response times when traffic got very heavy. Overall, the site handled 187 million hits – that is, individual pieces of information served to users. We learned a lot about the requirements for building and operating large, complex websites. All in all, it was a very successful experiment.

The Bankruptcy of Patents

One of the difficulties of fighting patents is that they are so abstract. This makes explaining their deficiencies doubly difficult. It's one of the reasons why I like to hammer home that they are monopolies: most people understand - and hate - monopolies, and can see why getting rid of them might be a good idea.

Analogies are useful, too, and the idea of using the concept of subprime patents by analogy with the crisis in the financial world wrought by subprime mortgages is brilliantly effective:

In many countries, many regulations (financial controls) were removed and so the market was finally flooded by what any common person would denominate "fake money". The same fake money as the one created with a fake notes machine, but just that much more complex and nicely sold.

But equally, and curiously roughly matching in dates, it has happened in the patent system during the last ten to fifteen years mainly. The regulations have been raised time ago. To get a patent has become almost for free. No innovation effort is almost needed. No innovative step almost. No disclosing of technical knowledge is needed. No invention "as such" is needed, using the patent jargon words. Artificial complexity of the system has reached levels where only the experts bureaucrats working on it understand it. The innovation of the bureaucracy reigns. Real inventors, formerly experienced and brightly engineers, have been replaced by patent technocrats and patent trolls. Those same patent technocrats who indeed decide, with little or no political implication, the patent policy of some of the biggest economical sectors of the world.

The result of this is a patent inflation. The most important patent offices of the world (mainly the namely "Trilateral") have granted surely some millions of subprime patents… that at the end mean fake assets and fake money. Many of these patents are fake because imprecise, too wide and/or non inventive, but many others are fake because are just out of the limits of the patentability. Their subject matter never should have constituted an "invention", but they were granted. "Obvious" is a word who lost it sense time ago.

Another Reason Open Source Is Unbeatable

The post by Tom Evslin is talking about ad networks on blogs, but the insight is general:

Big profits attract lots of competitors. Would-be competitors can point to your profits and easily get funding. Funded competitors can undercut your rates and "steal" your bloggers. Whoops; the circle is now turning in the non-virtuous direction. If you're doing well but running at or close to breakeven, you've made it impossible for anybody to undercut you without running at a deficit which is hard to get funding for – at least in this market. The biggest danger to you is someone who finds a way to substantially cut costs or to deliver a better product. Obviously you've got to be vigilant about that and ought to lose some sleep over these possibilities – but keeping prices down keeps a plague of me-too competitors from cutting off your growth.

This is why it's so hard to compete with free software: it's free, and the profits made around it are much smaller the the price-gouging that proprietary software has traditionally gone for. (Via Jeff Jarvis.)

ISO's Day of Shame

So ISO has decided it wants to be irrelevant:

The two ISO and IEC technical boards have given the go-ahead to publish ISO/IEC DIS 29500, Information technology – Office Open XML formats, as an ISO/IEC International Standard after appeals by four national standards bodies against the approval of the document failed to garner sufficient support.

Oh, and why would that be?

None of the appeals from Brazil, India, South Africa and Venezuela received the support for further processing of two-thirds of the members of the ISO Technical Management Board and IEC Standardization Management Board, as required by ISO/IEC rules governing the work of their joint technical committee ISO/IEC JTC 1, Information technology.

Riiiight: so there was insufficient support among the technical boards for their dirty laundry to be aired in public. What a surprise. The fact that standards bodies representing the second- and fourth-most populous countries in the world were unhappy with the way the standardisation process was carried out doesn't matter, apparently.

Time for a new international standards body, methinks....

What Comes After the Windows Era?

On Linux Journal.

Gawd Bless Whingeing Brits

Britons are still not convinced the 2012 London Olympic Games will be a success, according to a new survey.

Only 15% of the 2,006 people who were quizzed online think the Games will be good for the United Kingdom's international reputation.

That's the kind of attitude we want to see, none of this pathetically up-beat 加油 nonsense....

From Great Firewall to Great Flamethrower

Brilliant analysis of why the Internet has not led to the huddled masses of China seeing "the light", but rather led to them seeing red over mistakes in Western coverage. Interestingly, it's specifically about Russia, but applies equally to China - which suggests that this is going to be an important technique widely used by authoritarian regimes as away of taming the Internet through stoking up an anti-Western nationalism:

One of the chief ways to create such a climate was to fund the proliferation of sites that would selectively pick reports from the Western media, translate them into Russian, and offer ample space for commentary, often resulting in many articles amassing thousands of comments from angry Russians. The primary pillars of this e-smear campaign in Russia have been sites like Inosmi.ru (a shorthand for "Foreign Media", owned by the infamous RIA Novosti agency) and, to a lesser extent, Inopressa.ru (a shorthand for "Foreign Press", it belongs to Newsru agency ).

These sites would typically pick a dozen articles from the foreign media - mostly American and British, but also that of the Baltic states and Eastern Europe - and translate them into Russian. Needless to say, they usually do their best to pick the most heinous articles, most of them full of bad reporting and stereotypes about Russia. This may seem relatively innocent but Inosmi has quickly gained a large following, which particularly delights in commenting on articles, mostly to report on inaccuracies in the articles and ignorance of their authors.

Sites like Inosmi do their best perpetuate the myth of the "great brainwashing" -- that the Western media is either utterly biased against Russia or simply incompetent - and that the Western public and policy-makers are being constantly kept in the dark as to the true nature of things in Russia (this in itself is quite comical, as Russians themselves squandered most of their independent media in the early Putin years; arguably, they are in much greater darkness).

Understanding this makes it easier to counter - for example, by translating articles in Chinese and Russian into English, so that people on the other side can see and comment on the slants in reporting. Of course, the best approach would be for Western media to check for blatant errors *before* publishing....

British Libel Laws Violate Human Rights - UN

Ha!

The British libel laws have come under attack from the United Nations committee on human rights for discouraging coverage of matters of major public interest. The use of the Official Secrets Act to deter government employees from raising important issues has also been criticised.

The intervention by the UN comes in the wake of international disquiet over the use of British courts for "libel tourism", whereby wealthy plaintiffs can sue in the high court in London over articles that would not warrant an action in their own country.

IOC Stays True to Olympic Spirit...

...the Beijing Olympics spirit, that is:

the IOC sent a take-down notice to YouTube for a video posted by Students for a Free Tibet.

The video, which showed a pro-Tibet candle-light vigil in New York City and images from the March protests in Tibet, was dutifully pulled by YouTube. However, it was unclear what infringement the IOC was claiming. Although their famous interlocking rings were briefly shown, that would seem to be a trademark, not covered by the DMCA. Even if they claimed the rings were copyrighted creative content, their creation in 1913 places them firmly in the public domain (on copyright, the trademark remains -- but the DMCA isn't for trademark). Luckily after a number of sites questioned the action, the IOC withdrew their complaint.