Is EU Parroting the ACTA Lie?

I've written several times about the trick that ACTA uses to blur the distinction between large-scale, criminal counterfeiting, and domestic, personal copyright infringement. Sadly, the EU seems to be following the same script:

In Europe, counterfeiting and piracy have a dramatic and damaging effect on business and they have the potential to become even more problematical due to the recent economic downturn and the growing range of fake products being sold. While luxury goods, fashion, music and film products have traditionally been targeted, today counterfeiting and piracy affect a wider variety of mass consumption goods such as foodstuffs, cosmetics, hygiene products, spare parts for cars, toys and various types of technical or electrical equipment. In particular, the increase in fake medicinesis of growing concern.

IPR infringements cause widespread economic harm and an increasing number of counterfeit products now pose a real threat to consumer health and safety. It is therefore in the interest of stakeholders and consumers alike to have a responsive enforcement system which is robust, proportionate and fair.

Notice how "piracy", which presumably includes file-sharing, morphs into counterfeit products that "pose a real threat to consumer health and safety" - not to mention that weasel word "proportionate"?

As La Quadrature du Net points out:

The communication calls for so-called “voluntary agreements” between rights holders and ISPs in order to fight filesharing, without prescribing the practical measures that could be implemented through such agreements. We know however that the Commission has held several meetings in the past few months with representatives of both rights holders and ISPs. Also, it seems that the Anti-Counterfeiting Trade Agreeement (ACTA) currently negotiated at the international level could provide a basis for the strategy the Commission calls for in the communication.

All-in-all, worrying stuff that we need to keep a close eye on.

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From Open Source to Open Hardware

This column mainly talks about open source software, for the simple reason that code dominates the world of openness. But open source hardware does exist, albeit in a very early, rudimentary form. Last Friday, I went along to NESTA for what was billed as an “Open Hardware Camp”. Fortunately, I didn't see any tents, since that's not really my kind of thing; what I did see was a huge amount of enthusiasm, and some interesting hints of things to come...

On Open Enterprise blog.

Nothing to See Here, Absolutely Nothing At All...

As we all now know, Climate Change is fake. Sure the precarious resource and geo-political struggle fossil fuels continues to place us in are clearly real but instead of investing in clean alternatives, we should continue to destroy and re-build nations half way around the world. That’s a much cheaper and more productive alternative than investing in our own infrastructure and innovating our way out of the very real logistical and foreign-policy problems we’ve created for ourselves.

Speaking of cost, we can’t afford to save the planet or invest in our future. That could hurt the economy and we can’t risk that. We can just switch planets or go back in time when the planet dies. At least the economy will be safe though. There’s no possible way that comparing the needs of the economy to the whole planet is a false dichotomy. Sure, the economy depends on the fact that our world remains as it is today – No mass migrations due to new extreme climates. No real shortage of energy. No resulting wars (well, not too many anyway). Land to grow things. The status quo is the most likely future scenario right?

To my shame, I fell, hook, line and sinker, for the first paragraph of this hilarious piece...

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Intellectual Monopolists Scorn the Blind

The ever-vigilant James Love pointed to this fascinating submission from the UK's venerable Royal National Institute of the Blind [.pdf]:

Royal National Institute of Blind People (RNIB) is the UK's leading charity offering information, support and advice to over two million people with sight loss.

...

Even in the wealthiest markets, less than 5 percent of published books are made accessible in formats that reading disabled people can use. In many developing countries the figure drops to one per cent. We call this a “book famine”.

...

In theory, reading disabled people can read any book a non-reading disabled person can read, thanks to so-called “accessible formats”. These formats do not change the content of a work, but rather the way in which the person reading accesses it. They include large print audio, Daisy [http://www.daisy.org/] and braille.

...

What is certain is that the market has failed to deliver anything like this ideal scenario, despite the best efforts over many years of campaigning organisations like ours and of some examples of “best practice” from publishers.

The five per cent figure shows that mainstream publishing, which quite legitimately exists to make a profit, has not catered for the “reading disabled market” to any significant extent. To hope therefore that “market forces” will resolve the book famine problem would be to put faith in a tried and thus far failed model.

This, then, is the reality of "modern" copyright: it fails to serve huge numbers of people, many of whom are already suffering from discrimination in other ways.

Given this situation, various organisations are not unreasonably trying to facilitate access to copyrighted works for those who are visually disabled with a new WIPO treaty that would define basic rights for this group. Who could object to such a humanitarian cause? Well, the publishers, of course.

The RNIB explores the reasons for this:

At WIPO, broadly speaking, rights holders and some Member States maintain that the solution can be found entirely through the use of voluntary, cooperative measures between rights holders and members of the reading disabled community. They therefore “back” the WIPO Stakeholder Platform and oppose the treaty proposal.

...

A worldly observer might therefore suggest that opposition to a treaty stems more from a dislike of any kind of exception to copyright, than from a conviction that a treaty would not help increase access to books.

A worldly observer might indeed - just as an equally wordly observer might suggest that publishers don't give a damn about those with visual impairments, and are prepared to fight tooth nail against even the blind to preserve their intellectual monopolies.

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Publisher, Know Thyself

If it weren't sad - and serious - this would be hilarious:

Springer, which publishes the biggest daily in Europe, the tabloid Bild, as well as other newspapers in Germany and Eastern Europe, says it wants publishers to get paid for their work on the Internet, at a time when many people assume that online news should be free.

“The meta-philosophy of free — we should get rid of this philosophy,” said Christoph Keese, Springer’s head of public affairs and an architect of its online strategy. “A highly industrialized world cannot survive on rumors. It needs quality journalism, and that costs money.”

OK, that sounds fair. So what exactly had Herr Keese in mind?

What kind of content would come at a cost? Any “noncommodity journalism,” Mr. Keese said, citing pictures of Prime Minister Silvio Berlusconi of Italy cavorting poolside with models at his villa in Sardinia — published this year by the Spanish daily El País — as an example.

“How much would people pay for that? Surely €5,” he said.

Er, no comment.

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Microsoft Gets in on the ACTA

The other day I was writing about the great digital bait and switch:

Counterfeiting morphed into copyright infringement

...

there's clearly a collateral campaign underway to support ACTA by hammering on the wickedness of counterfeiting - allowing the bait and switch game to be played again.

Now it looks like Microsoft is joining in:

a common tactic of intellectual property holders is to blur the distinction between counterfeit and pirated goods (and even legal generic goods, in the case of the pharmaceutical industry). Microsoft's press release exemplifies this, talking about "counterfeit Microsoft software purchased at resellers" and the "black market for pirated software" as if the two were synonymous. In fact, most consumers who obtain pirated goods on the black market realise that they are not original. Whilst Consumers International discourages consumers from using pirated goods, in many countries they have little choice, because originals are either unavailable or are priced far beyond their means.

The post, from Consumers International, also points out:

there is a strong argument that copyright protection of computer software is skewed against the interests of consumers. In most countries computer software is protected for between 50 to 70 years after publication - so for example Windows 95 will not become free to copy until at least 2045. Even after the copyright expires, it may be impossible to make a copy due to technological restrictions (which, in many countries, are illegal to bypass). Assuming that you can make a copy, you still won't have access to the original source code that was used to create the software - which means that it can't be used as a building block for new works in the same same way as public domaini music or literature.

It also offers a solution to this state of affairs:

So if copyright on computer software is unbalanced against the interests of consumers, but if Consumers International does not advocate the use of pirated copies, how can consumers around the world have access to safe and high quality computer software? One option that many consumers around the world have found useful is the use of free and open source software.

Great to see people connecting the dots.

Why the UK's “Smarter Government” Plan is Not So Clever

There's no doubt that the area outside computing where the ideas underlying open source are being applied most rapidly and most successfully is that of open government. Alongside the US, which is has made great strides in this area, Australia, too, has caught the transparency bug. So what about Blighty?

On Open Enterprise blog.

Declaration of Open Government by Australia

The Australian government is emerging as one of the leaders in the sphere of open government. It has now published a draft report of the Government 2.0 Taskforce, entitled "Engage: Getting on with Government 2.0" (hmm, not quite sure about that phraseology). Here's the central recommendation:

A Declaration of Open Government by the Australian Government

Accompanying the Government’s announcement of its policy response to this report, the Australian Government should make a Declaration on Open Government, stating that:

* Public sector information is a national resource and that releasing as much of it on as permissive terms as possible will maximise its economic, social value to Australians and reinforce its contribution to a healthy democracy;

* Using technology to increase collaboration in making policy and providing service will help achieve a more consultative, participatory and transparent government;

* Online engagement by public servants involving robust professional discussion, as part of their duties and/or as private citizens, benefits their agencies, their professional development, those with whom they are engaged and the Australian public. This engagement should be enabled and encouraged;

* The fulfilment of the above at all levels of government is integral to the Government’s objectives including public sector reform, innovation and utilising the national investment in broadband to achieve an informed, connected and democratic community.

What's interesting is that in addition to this strong central declaration in favour of openness, the draft report is peppered throughout with references to "open source"; indeed, the whole thing is permeated by its spirit - which is probably why it is such an inspiring document. Let's hope that other governments are indeed inspired by it, and come out with something similar themselves.

Update: As people in the comments have rightly reminded me, this plan to open up some data is rather negated by the Australian government's moves to censor massively the Internet. Interestingly this schizophrenia mirrors almost exactly that of the UK government.

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US ACTA Official Squirms, Talks Drivel

Great work by James Love here:

After attending the three day WTO Ministerial meeting in Geneva, I took the non-stop United Airlines Flight back to Washington, DC. On the airplane were a number of U.S. government officials including the head of USTR, Ambassador Ron Kirk. I had a chance to talk to Kirk about the secrecy of the ACTA agreement. He said the ACTA text would be made public, “when it is finished.” I told him it that was too late, and the public wanted the text out now, before it is too late to influence anything.

Kirk said he was aware there were those that wanted the text public, but the issue of transparency was “about as complicated as it can get,” and they didn't want people “walking away from the table,” which would likely happen if the text was public, he said.

*Who* exactly would walk away from the table? Why on earth would they do such a thing if there's nothing to hide, and the treaty will be made public anyway? This answer is pure and utter drivel - evidently the weak best that he could come up with after being put on the spot by the quick-thinking Love.

It basically amounts to each delegation trying to suggest that while *they* are in favour of opening up, the other delegations would go bananas, and so, regretfully, everything remains shrouded in secrecy. It's a kind of sick variant of the prisoner's dilemma, as implemented by and for self-serving delegations.

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RSS Feed for All Comments for Opendotdotdot

After some prodding by a reader (thanks Rob), I've finally switched on the RSS feed for *all* comments, not just on a per-story basis, for anyone who might want such a thing.

You can find it in the top right-hand corner of the main page at http://opendotdotdot.blogspot.com/.

The Great Digital Bait and Switch

One of the (many) things that get my goat about ACTA is the sheer dishonesty of the project. It was originally put forward as aiming to curb large-scale counterfeiting - hence its name, Anti-Counterfeiting Trade Agreement.

It was sold as only going for the "big fish", with promises that ordinary people wouldn't be inconvenienced. In fact, it was purely for their benefit, its proponents explained, since one of the most heinous kinds of counterfeiting it attempts to tackle is counterfeit drugs - an undeniable health hazard.

But then something strange happened. Counterfeiting morphed into copyright infringement, and yet all the legal heavy guns aimed at massive, criminal counterfeiting remain, now ranged against little you and me.

What's interesting is that there's clearly a collateral campaign underway to support ACTA by hammering on the wickedness of counterfeiting - allowing the bait and switch game to be played again. Here's an example:

Canada trails far behind the United States, United Kingdom, Japan and France by not enacting tougher laws and penalties for selling imported bogus goods, an anti-counterfietting conference heard yesterday.

Lorne Lipkus, of the Canadian Anti-Counterfeiting Network, said a private members' bill will soon lobby Parliament for expanded copyright laws, seizure rights similar to those that block suspected fake goods entering the U.S., plus heavier sentences for convicted sellers and importers.

The Toronto lawyer and conference organizer estimated Canadian manufacturers lose $20 to $30 billion and thousands of jobs to cheaper knockoffs.

We are warned against "knock-offs": counterfeit goods are clearly knock-offs, but so, in the minds of the media cartel, are unauthorised copies of copyright material. The difference between counterfeit and copyright has been subtly elided. As a result, the solution demanded for this large-scale counterfeiting of goods - clearly *physical* goods - is "expanded copyright law".

Nor is this the only underhand attack. Here's a very poor article in the Wall Street Journal:

The palm-sized Arduino serves as an electronic brain running everything from high schoolers' robots to high-end art installations. But perhaps the oddest thing about the device is the business model behind it.

Plans for the Arduino, a simple microcontroller board, are available online, and anybody may legally use them to build and sell knockoffs.

This, in some ways, is even worse. It's equating the ability to *build* on the work of others, and improve upon it, as another kind of "knock-off". This is not just wrong-headed, but really pernicious, because it implies that open source is little better than counterfeiting.

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Smart Grid, Dumb Government

Now, what could possibly go wrong with this?

The government has announced the results of its consultation with the public and other interested parties on plans for "smart" energy meters to be installed in all British homes and businesses. The most controversial aspects of the devices - the fact that they will effectively allow remote control of a home by energy companies and/or the grid authority - have apparently passed unchallenged.

More specifically:

But this pales into insignificance compared to the more radical ideas. The smart meter is also supposed to enable remote cut off or restoration of supplies - though there has been a row over the cut-off valve which would be required in the case of gas, and the government says it will have another think before deciding on that.

Apart from being able to turn a house off and on remotely, however, the unspecified people who control the "meters" from afar will also have other capabilities. Specifically, the boxes will have "load management capability to deliver demand side management - ability to remotely control electricity load for more sophisticated control of devices in the home".

These are fairly complex operations that will need to be carried out across millions of homes; so, inevitably, the smart meters will be controlled by computers. And, equally inevitably, those computers will be part of the supplier's network, otherwise it wouldn't be possible to monitor and control *them*.

And, of course, those computers controlling the computers will be accessible - and vulnerable - from the Internet. Which means that at some point terrorists will have the perfect way to take down an entire city from the comfort of their own homes on the other side of the world.

Smart thinking, lads. Not.

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James Hansen: the RMS of Climate Change

Under the rather, er, dramatic headline "Copenhagen climate change talks must fail, says top scientist", we have the following:

In Hansen's view, dealing with climate change allows no room for the compromises that rule the world of elected politics. "This is analogous to the issue of slavery faced by Abraham Lincoln or the issue of Nazism faced by Winston Churchill," he said. "On those kind of issues you cannot compromise. You can't say let's reduce slavery, let's find a compromise and reduce it 50% or reduce it 40%."

Wow: someone whose refusal to compromise matches that of RMS. Respect.

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LexPublica: Open Sourcing the Legal Process

Yet more innovation around open source ideas, from an outfit called LexPublica (with a clever URL, too):

There is a crying need for access to legal help. No one can afford lawyers. Individuals, professionals and small businesses can’t afford lawyers. Startups can’t afford lawyers. Big companies with large budgets for legal services struggle to afford lawyers. Even lawyers complain, genuinely, that they can’t afford lawyers.

LexPublica aims to solve this problem by opening up the world of legal knowledge to everyone.

The first practical step we’ll take is to make common contract templates available free of charge. These will include things that many businesses need, such as employment agreements, website development agreements and non-disclosure agreements (NDAs for short). The contract templates will be written in plain language and have supporting guides to help you use them properly.

It's plans are splendidly ambitious - nothing less than to create a global legal commons:

Tackling an enterprise of this magnitude requires an enormous team effort. LexPublica will need to be a global online community of lawyers and non-lawyers working together to create contract templates and informational guides for those templates.

The grand vision is to harness this community effort to create the reference source for contract templates generally, for practical legal information, and beyond that, for all legal knowledge across all areas of law. You might call it a global legal commons.

Think we're crazy? Wikipedia, Linux and other similar projects provide successful and similarly sized examples for us to follow.

And yes, it has a business plan:

There’s a commercial twin to LexPublica, called 8.5x14 (named after legal size paper). It will provide a wide range of commercial services, both for people and businesses who need legal services, and for the lawyers who serve them. These services will be built around LexPublica’s open content and open APIs.

As one example, imagine an online workspace to manage your business’s standard contract templates, your contract negotiations and your dealings with your lawyer. The service is simple contract management, something like the Basecamp project management web service, but for contracts and negotiations.

Wow, exciting stuff. (Via Rory MacDonald.)

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Making Government IT Better - and Open

As I've noted many a time, the UK government has been one of the most backward when it comes to adopting open source solutions.

The fact that over the last few years it has started to make vague noises about doing so shows more that it's realised it looks pretty dumb compared to other governments as a consequence, not that it's serious about things. Indeed, it's still the case that closed-source software dominates government procurement. A leaked copy of the government's IT strategy has the following imaginative attempt to explain why that is...

On Open Enterprise blog.

Crowdsourcing Tony Blair

This is brilliant:

The former prime minister Tony Blair has received millions of pounds through an unusual mixture of commercial, charitable and religious income streams. Since he stepped down from office in 2007, his financial affairs have been described by observers as "Byzantine" and "opaque". The Guardian is now launching an online competition offering a prize to the person who can shine the brightest light on those financial structures.

Blair has a commercial consultancy, called Tony Blair Associates, plus jobs advising a US bank and a Swiss insurer. He has a multimillion pound book deal. He also has a charity, the Tony Blair Africa Governance Initiative, and another called the Tony Blair Faith Foundation. But much of the income, which includes charitable donations from other sources, has been funnelled through a structure called Windrush Ventures No 3 Limited Partnership. Our contest asks: what is Windrush?

What could be more condign than for a man who frequently manifested his complete contempt for the view of the ordinary voters (Iraq war, anyone?) should have his money-obsessed and vulgar post-PM life investigated by those self-same little people?

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Estonia's Open Source Shame

Last week I wrote about the curious case of Mr Kallas, vice president of the European Commission. He seemed to have problems with the word “open”, imagining that this meant “unprotected”, judging by his comments. I put this down to some linguistic misunderstanding as a result of the distance of the Estonian language from English, rather than an intentional and wrong-headed attack on openness. Looks like I was wrong....

On Open Enterprise blog.

Harnessing Openness in Higher Education

Surprisingly, perhaps, education was one of the late-comers to the openness party (couldn't be all those fiercely protective academic egos, could it?) Happily, ground is rapidly being made up in areas like open access, open courseware and open educational resources (OER), with a steady stream of important studies looking at how openness can be applied to make education better.

I've not come across the Committee for Economic Development before, but I like their thinking in this new report "Harnessing Openness to Improve Research, Teaching and Learning in Higher Education". Here's a sample from the summary:

We do not expect OER to simply replace more closed, proprietary educational materials which themselves are increasingly becoming digital. And there are many issues that must be addressed if OER is to live up to its potential. OER has been supply driven, with creators posting whatever interests them regardless of how or even whether it is used; to be successful OER must meet the needs of users. We need to know how OER is actually being used, how effective it is, particularly in comparison with existing materials, and what impact it has on learners. We need to rethink our copyright rules to allow increased non-commercial educational uses of copyrighted materials beyond the traditional classroom in order to facilitate the further development of OER. Just as new approaches to sustainability are being developed to support open-source software and open-access scientific journals, we will need to see if there are ways to sustain the development and distribution of free high-quality, academically rigorous, and pedagogically sound OER that take full advantage of its digital nature.

It also shows a good appreciation of one of the key obstacles to openness in education - and elsewhere:

The intellectual property arguments that have been invoked to oppose public-access mandates for government-funded research and the digitization and partial display of the world’s books suggest to us the need to recalibrate our intellectual property rules for the digital age. Intellectual property rules should serve not only those who first create a work (and subsequent rights holders) but should also recognize the needs of users who often are follow-on creators. When the application of existing intellectual property rules appear to regularly have perverse effects — electronic books having text-to-speech capabilities turned off to the detriment of the visually impaired, or university presses, created to increase the accessibility of scholarly materials, invoking copyright protections to have their material removed from the globally accessible Web — it is time to step back and revisit not only the specific applications of the rules but the rules themselves. Given the complexity of these issues, universities should be forceful proponents for greater openness in legislative debates about IP, and should be educating their faculties about their intellectual property rights.

That's truly remarkable given the background of the Committee for Economic Development that is behind the report:

CED is a Trustee-directed organization. CED's Trustees are chairmen, presidents, and senior executives of major American corporations and university presidents. Trustees alone set CED's research agenda, develop policy recommendations, and speak out for their adoption. Unique among U.S. business organizations, CED offers senior executives a nonpolitical forum for exploring critical long-term issues and making an impact on U.S. policy decisions.

CED is proud of its reputation as a group of business and education leaders committed to improving the growth and productivity of the U.S. economy, a freer global trading system, and greater opportunity for all Americans. CED's Trustees understand that business, government, and individuals are jointly responsible for our mutual security and prosperity.

These are clearly not a bunch of sandal-wearing hippies, but a bunch of hard-headed business people who can see the economic case for more openness in education.

The rest of report offers useful potted histories of openness in education, and even broadens out to include transparency - an interesting indication of this rising meme. Overall, well worth reading for those interested in this area.

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Open Source House

One of the central questions this blog tries to answer is to what extent the principles behind open source software can be applied to other fields. One issue that emerges is whether or not the area in question possesses something like underlying source code: if it does, then the open source techniques can generally be applied; if it doesn't, it's much harder (not suprisingly, really.)

One area that seems ripe for open source ideas is architecture, which does indeed possess something close to source code with its blueprints. So perhaps we shouldn't be surprised to see things like this:

You are about to witness a quantum leap in design and accessibility of housing in developing countries. The event is the birth of an open source on the web that offers professional designs for affordable, durable, modular and climate-specific houses. The designs are brought in by architects from all over the world and are continually under construction in search of the solutions most suitable to the needs and preferences of the local buyers and future owners of these houses.

We want to make knowledge and creativity in housing accessible to a large group of people and are looking for architects to bring in new ideas. Welcome to Open Source House.

Crucially, the Open Source House project is collaborative, actively soliciting "code" from external contributors:

Discover the OS House platform while becoming an active member

Once inside you'll rapidly get familiar with the intuitive environment we have set for you. By clicking through our 100% sustainable architecture content you'll find ready-to-download designs and information created during our workshops and creative sessions.

This content is our open knowledge database. To keep it growing os-house's platform is currently open to receive any material you have. So, if you have any sketch ideas, drawings or vision on sustainable housing, upload it and share it.

The extent to which these other aspects of open source software practice are implemented is probably a good rough guide as to whether the larger ideas are applicable or not.

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Time to Abolish the Olympics?

This is incredible:

An American author and broadcaster claims Canadian border officials questioned her about whether she would discuss the 2010 Vancouver Olympic Games at a speaking engagement Wednesday evening in Vancouver.

...

They began to search her notes and computers and those of her two colleagues, Ms. Goodman alleged. They then photographed the journalist and gave her a stipulation to leave the country by Friday night. They were delayed over an hour.

Now, there are two explanations for this. One, is that free speech no longer exists in Canada, which is news to me. I can't imagine even the most zealous border official was really trying *in principle* to restrict Ms Goodman's general right to talk about anything.

The other possibility, seems much more likely: that this was another epiphenomenon of the Olympic trademark insanity, whereby ordinary words are suddenly forbidden to lesser mortals - unless they pay.

In other words, it is precisely the privatisation of language that is used as an analogy for the patenting of algorithms - something so manifestly absurd, that no one would ever do it. Except that in the case of anything touching the Holy Olympics, we are already there.

If it's got to the point where border officials are checking people for "prohibited Olympic words" that they may be about to use without permission, perhaps it's time to call a halt to this corporatisation of language by abolishing the Olympics in their present, hypertrophied form. How about going back to basics: a competition in Olympia, for amateurs, with none of the commercial superstructure that has accrued: just pure sport?

Too much to ask? Yes, probably, until the widespread assumption that intellectual monopolies like copyright, patents and trademarks are in some sense *good* for us, despite all evidence to the contrary, is preceived to be the con-trick it really is.

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Openness as the Foundation for Global Change

What do you do after Inventing the Web? That's not a question most of us have to face, but it is for Sir Tim Berners-Lee. Heading up the World Wide Web Consortium to oversee the Web's development was a natural move, but valuable as its work has been, there's no denying that it has been sidelined somewhat by the rather more vigorous commercial Web activity that's taken place over the last decade.

Moreover, the kind of standards-setting that the W3C is mostly involved with is not exactly game-changing stuff – unlike the Web itself. So the recent announcement of the World Wide Web Foundation, also created by Sir Tim, has a certain logic to it.

Here's that new organisation's “vision”:

On Open Enterprise blog.

Of Government 2.0, Open Source and Open Data

Great to see this in Australian Senator Kate Lundy's big speech "Government 2.0: co-designing a better democracy":

Open source software as an example of another, often less thought of opportunity for open and transparent government is through the tools we choose to use. Software underpins almost everything we do, whether it be for work, play or creative endeavour. To be able to scrutinise software – to see the human readable instructions and trust it has, if you will – becomes almost a democratic issue, for many in the technology community.

...

So we consider that the time is now right to build on our record of fairness and achievement and to take further positive action to ensure that Open Source products are fully and fairly considered throughout government IT; to ensure that we specify our requirements and publish our data in terms of Open Standards; and that we seek the same degree of flexibility in our commercial relationships with proprietary software suppliers as are inherent in the open source world.

There's also good stuff on open data:

as has been evident in the US for many years, open access to government data can dramatically increase the value created from the data both socially and economically. This means the society as a whole benefits from access to the data.
Public sector information ought to be available in the public not just to facilitate innovation in the public and private spheres, but to enable individual citizens to make informed choices.

Just to be clear, I am not talking about personal information that we expect to be private and secure. I am talking about general information about the places we live, the environment we live in, the things we do as a society.
A general policy of openness in this area would create a culture of scrutiny and collaboration rather than a culture of secrecy.

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UK Data Retention: the First 70 Years

If you thought retention of communications data was a new habit of the UK government, think again:

What was also new to me is the fact that the British even back then [during the Second World War] demanded that Cable+Wireless provides copies of all telegraphs through their network. And that's some 70-80 years before data retention on communications networks becomes a big topic ;)

Nothing new under the sun...

Who Owns Science? The Manchester Manifesto

One of my heroes, Sir John Sulston, has a piece in the Guardian today with the intriguing headline "How science is shackled by intellectual property":

The myth is that IP rights are as important as our rights in castles, cars and corn oil. IP is supposedly intended to encourage inventors and the investment needed to bring their products to the clinic and marketplace. In reality, patents often suppress invention rather than promote it: drugs are "evergreened" when patents are on the verge of running out – companies buy up the patents of potential rivals in order to prevent them being turned into products. Moreover, the prices charged, especially for pharmaceuticals, are often grossly in excess of those required to cover costs and make reasonable profits.

IP rights are beginning to permeate every area of scientific endeavour. Even in universities, science and innovation, which have already been paid for out of the public purse, are privatised and resold to the public via patents acquired by commercial interests. The drive to commercialise science has overtaken not only applied research but also "blue-skies" research, such that even the pure quest for knowledge is subverted by the need for profit.

Great stuff, but this is actually just a teaser for the launch today of something called rather grandly "The Manchester Manifesto" [.pdf], which states the problem as follows:

It is clear that the dominant existing model of innovation, while serving some necessary purposes for the current operation of innovation, also impedes achievement of core scientific goals in a number of ways. In many cases it restricts access to scientific knowledge and products, thereby limiting the public benefits of science; it can restrict the flow of information, thereby inhibiting the progress of science; and it may hinder innovation through the costly and complicated nature of the system. Limited improvements may be achieved through modification of the current IP system, but consideration of alternative models isurgently required.

Unfortunately, after asking the right questions, the answer that the manifesto comes up with is pretty thin gruel:

We call for further research towards achieving more equitable innovation and enabling greater fulfilment of the goals of science as we see them.

Further research?

Modified and alternative models of innovation have the potential to address problems inherent in the current system. An investigation and evaluation of these models is required in order to determine whether they are likely to be more successful in facilitating the goals of science and innovation identified above, and if so how they may be deployed.

Hey, let's not get too radical, eh?

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A Proportionate Response to "Proportionate"

There is a nauseating piece of troll-bait in the Guardian today. It's called "My DNA dilemma", and in it Alan Johnson attempts to convince readers he suffers as much as any of us bleeding-heart liberals at the thought of the terrible, terrible sacrifices of freedom we must make for the sake of security.

I won't bother demolishing the rickety edifice of its spin and half-truths, since that has been done expertly elsewhere. Instead, I'd like to concentrate on the key argument of the piece, implicit in its title:

This is a classic home secretary dilemma. It is not a clear-cut choice between liberty and security – between siding with the civil liberties lobby or the forces of law and order. The far less headline-friendly reality is the need to balance all these factors – protecting the public, but in a way that's proportionate to the threat. I believe that the government's proposals do precisely that but I also welcome the debate as a necessary part of implementing such sensitive measures.

There's a tell-tale word in there that I have been tracking for many months as it silently worms its way into public discourse in this country: "proportionate".

It's the ultimate argument-killer when people raise the big issues like liberty to defend themselves from ever-more intrusive "security" legislation - which strangely always turns out to be "surveillance" of the little people like you and me. Yes, it seems to say, you're right, this *is* a tricky one, but we must find a compromise "to balance all these factors", as Alan Johnson puts it. And the way we do that is by making a *proportionate* response.

How could anyone argue with something so reasonable? After all, that's exactly what we all want: a proportionate response that represents a compromise position.

There's just one little problem. As the UK government has shown by its use of this word time and again to justify everything from ID cards and policing to Internet monitoring and DNA databases, what they really mean is: we're going to do what we've said because it's what we've decided. In effect, this use of "proportionate response" is simply shorthand for the tautological "our response", but dressed up in a costume of apparent concession.

If you don't think this is a serious problem, just watch out next time you read or hear a government discussion of why they realise something is a contentious area, and that there are many people who disagree profoundly: I can almost guarantee that at some point they will roll out the "p"-word, and that will be the end of the argument - because if you argue for something else, you are clearly *against* a proportionate solution, and can therefore be dismissed as part of the lunatic fringe.

Because it is such a slippery, weaselly word, I think we need to try to pre-empt these attempts by claiming immediately that *our* solutions are proportionate. Then, when the government inevitably claims the same for theirs, it comes down to a slanging match - which at least makes it clear that there is no "consensus".

The more we point out the UK government's constant invocation of "proportionate" responses to hide a complete refusal to engage with critics - despite Alan Johnson claiming to "welcome the debate" - the sooner it will drop that tactic. It might not start to listen - that would be too much to hope - but at least we will have reduced the verbal undergrowth in which it can hide.

So, please pass it on about the UK government's "proportionate" meme: after all, it's a proportionate response.

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