17 January 2012

Two Fatal Flaws in the O'Dwyer Judgment

So the long-awaited verdict on the extradition of Richard O’Dwyer has finally arrived, and, as feared, it's ridiculous. There are many others better qualified than I am to comment on the detailed legal issues of the lop-sided extradition treaty that lies at the heart of the case, so I would like to concentrate on two aspects that I feel better able to comment on. Both touch on what I think are fatal errors in the judgment; either is enough undermine its arguments.

On Open Enterprise blog.

13 January 2012

Indian Judge Tells Google And Facebook To 'Check And Remove Objectionable Material' Or Be Blocked

A few weeks back, Techdirt reported on an Indian minister asking Internet companies to do the impossible: 

On Techdirt.

German Court: ISP Must Not Block Access To Foreign Sites, Even If They Are Illegal

Against a background where some European courts are telling ISPs that they must block access to certain sites (in Finland and the UK, for example), this news from Germany comes as a refreshing change (original German article in Der Spiegel): 

On Techdirt.

Why Apple Will Not Be Part Of The Real Tablet Revolution

You don't have to be a marketing genius or industry pundit to foresee that tablets will be an extremely hot sector in 2012. The launch of Apple's iPad in 2010 largely defined the category, just as the launch of the iPhone defined a new kind of smartphone in 2007; in 2012 we will probably begin to see Android tablets start to gain major market share just as Android smartphones have done this year.

On Techdirt.

12 January 2012

Is Microsoft Blocking Linux Booting on ARM Hardware?

Back in September last year, there was a bit of a to-do about Microsoft's UEFI Secure Boot technology in Windows 8, when a Red Hat engineer posted the following:

On Open Enterprise blog.

11 January 2012

"An Open-Source World"? Where's The Open Source?

If we are to believe the early signs, 2012 may well be the year that British schools finally start to address the continuing shame that is ICT teaching. As I and many others have noted, the current approach essentially consists of sitting people in front of Microsoft Word and Excel and making them learn a couple of commands on the menus. It seems that the message has finally got through to the powers-that-be:

On Open Enterprise blog.

10 January 2012

How "Throwing One Away" Makes Open Source Better

There's a wonderful line in Fred Brooks' book "The Mythical Man-Month", where he says that when writing a program, plan to throw one way - you will anyway. But that's a bit of a problem for conventional software development, because it's not clear when the best time is to throw that one away.

On Open Enterprise blog.

Jazz Pioneer 'Jelly Roll' Morton's Music Finally Free For Re-use In Europe -- A Hundred Years Too Late

A recent Techdirt post reminded us that thanks to its crazy copyright laws, the US won't be seeing anything new in the public domain for many years. But even in those "fortunate" countries that get to use cultural works a mere 70 years after the creator's death, the situation is still pretty absurd. 

On Techdirt.

09 January 2012

UK Government Betrayal of Open Standards Confirmed

Just before Christmas I wrote a fairly strongly-worded condemnation of what I saw as the imminent betrayal of open standards by the UK Cabinet Office. This was based on reading between the lines of a new Procurement Policy Note, plus my thirty years' experience of dealing with Microsoft. At the time, I didn't have any specific proof that Microsoft was behind this shameful U-turn, but Mark Ballard has, it seems:

On Open Enterprise blog.

07 January 2012

Why SOPA Would Be A Disaster For Scientific Publishing

One of the many dangerous aspects of SOPA/PIPA is that its backers seem to have given no thought to what the unintended consequences might be. In particular, there is no awareness that it might wreak serious damage in areas that are very distant from the core concerns of unauthorized copies of music or films – such as scientific publishing. 

On Techdirt.

06 January 2012

Will The Food Industry Ever Swallow Transparency's Bitter Pill?

A fascinating trend in recent years has been the gradual move from a presumption of secrecy to one of openness, transparency and sharing. This began with free software/open source, and has progressively spread to include areas such as open content, open access, open data, open science and open government.
Here's the latest field where people are advocating a more open approach:

On Techdirt.

05 January 2012

If Libraries Didn't Exist, Would Publishers Be Trying To Kill Book Lending?

Against the background of today's war on sharing, exemplified by SOPA and PIPA, traditional libraries underline an inconvenient truth: allowing people to share things – principally books in the case of libraries – does not lead to the collapse of the industry trying to sell those same things. But publishers really don't seem to have learned that lesson, judging by this article in the New York Times about the nonsensical attitude they have to libraries lending out ebooks

On Techdirt.

Is Monmouthpedia The Future Of Wikipedia?

One of the central questions the Wikipedia community grapples with is: What exactly is Wikipedia trying to achieve? For example, does it aspire to be a total encyclopedia of everything? What is the appropriate level of detail? 

On Techdirt.

German Court Decisions Make Everyday Use Of The Internet Increasingly Risky There

Perhaps there's something about the German legal system that encourages judges to push their interpretation of the law to the limit, without any concern for whether the results of that logic are absurd. At least that is the impression you might get from two recent cases whose judgments both make use of the internet by ordinary citizens increasing fraught with legal risks. 

On Techdirt.

04 January 2012

Of Open Source and the European Commission

At the end of last year I reported on the worrying signs of vacillation from the UK government over its support for truly open standards. At least it's relatively straightforward to keep tabs on what's happening in Blighty; Europe is another matter - I find the labyrinthine bureaucracy and its digital shadow pretty hard to navigate. So I was pleased to come across the following page, entitled "Strategy for internal use of OSS at the EC".

On Open Enterprise blog.

Beyond The Internet Of Things Towards A Sensor Commons

Already it's clear that one of the hot tech topics of 2012 will be "The Internet of Things" – the idea that even the most mundane objects will be hooked up to the Net and communicating over it. So far, pundits have concentrated on trivial applications like being able to check your fridge's contents from a browser, but potentially it could be much more than that if the "things" are groups of sensors whose data can be usefully aggregated. 

On Techdirt.

03 January 2012

What should free software do in 2012?

In my last column, I suggested that one of the best things that Mozilla could do in order to promote the Open Web and openness in general would be to support the battle for online freedom in more general ways. That's something it has already started doing, notably in trying to halt the passage of the awful Stop Online Piracy Act (SOPA) that is currently grinding through the US legislative process.

On The H Open.

30 December 2011

Johnson & Johnson Refuses To License Three HIV Drugs To Medicines Patent Pool; Invites Patent Override

By their very nature, drug patents can create monopolies that allow prices to be kept artificially high. In other domains that may be simply an annoyance or inconvenience, but in the world of medicines, it can be a matter of life or death for those unable to afford those inflated prices. 

On Techdirt.

OpenStreetMap: The Next Wave Of Commoditization For Startups?

One of the striking features of some of the most successful startups over the last ten years – companies like Google, Facebook and Twitter – is that their infrastructure is based almost entirely around open source. Of course, that shouldn't really be surprising: open source allows people to get prototypes up and running for the price of a PC, which is great for trying out ideas with live code. And yet despite these zero-cost origins, open source software scales up to supercomputing levels - the perfect solution for startups that hope to grow. 

On Techdirt.

29 December 2011

The Great Digitization Or The Great Betrayal?

One of the great tasks facing humanity today is digitizing the world's books and liberating the huge stores of knowledge they contain. The technology is there – scanners are now relatively fast and cheap – but the legal framework is struggling to keep up. That can be seen in the continuing uncertainty hovering over Google's massive book scanning project. It can also be observed in some recent digitization projects like Cambridge University's Digital Library

On Techdirt.

27 December 2011

How Even Highly-Targeted Censorship Can Lead To Overblocking

As the battle rages over SOPA and PIPA, censorship is very much on people's minds. But there are many different kinds of censorship, operating at different levels of precision. For example, while some forms are crude and inexact, like Homeland Security's shutdown of 84,000 sites, others are highly targeted, and designed to block in a very specific way. 

On Techdirt.

23 December 2011

Daft Idea Of The Week: Giving People Copyright In Their Faces

Copyright maximalism has proceeded along two axes. The first is the term of copyright, which has been steadily extended from the basic 14 years of the 1710 Statute of Anne to today's life + 50 or 70 years, depending on the jurisdiction. The other is the scope of copyright, where there are constant attempts to make yet more fields of human endeavor subject to it – for example fashion or food

On Techdirt.

Brazil's Copyright Reform Draft Bill: The Good, The Bad And The Confused

As this timeline indicates, Brazil's attempts to draw up a copyright reform bill have been dragging on for five years now. That in itself wouldn't matter too much – the process of updating major laws is by its very nature a complex and slow process; but during those five years there has been a change of administration, and with it, apparently, some major shifts in policy. 

On Techdirt.

22 December 2011

UK Government Open Standards: The Great Betrayal of 2012

Back in February of this year, I wrote about PPN 3/11, a Cabinet Office “Procurement Policy Note - Use of Open Standards when specifying ICT requirements” [.pdf], which contained the following excellent definition of open standards:

On Open Enterprise blog.

21 December 2011

BT Joins the Patent Hall of Shame

Those with good memories may recall the following amusing episode when BT wanted to sue people for daring to use its super-duper patented hyperlink invention:

On Open Enterprise blog.