ACTA Update VII

One of the widely-recognised problems with ACTA is the lack of transparency surrounding its negotiation. Since I have addressed this issue at length elsewhere, I won't repeat myself here. But it occurred to me that there is another way of looking at transparency, and that is in terms of consultation. In a sense, it's the flip side of transparency.

On Open Enterprise blog.

Twitter Suspends Four Accounts Critical of Sarkozy: Is This What He Meant By 'Civilizing' The Net?

Nicolas Sarkozy, who hopes to be re-elected as French President this year, seems to have little love for the Internet. At best, he regards it as a "Wild West" that needs taming. Despite that, Sarkozy joined Twitter last week -- you can follow him @NicolasSarkozy. Posts are mainly written by his re-election team, although there seem to be a handful of personal tweets (marked "NS"). But at least he's finally engaging with the new medium on its own terms. 

On Techdirt.

Open Season on Open Standards

The increasingly heated debates about the traditionally dull area of computer standards is testimony to the rise of open source. For the latter absolutely requires standards to be truly open - that is, freely implementable, without any restrictions - whereas in the past standards were pretty much anything that enough powerful companies agreed upon, regardless of how restrictive they were.

On Open Enterprise blog.

Shining Light On ACTA's Lack Of Transparency

One of the key problems with ACTA is the lack of transparency during its negotiation. That this is becoming a big issue in Europe is shown by the fact that the European Commission has tried to dispose of the question twice -- first in its "10 myths about ACTA", which I discussed recently on Techdirt, and now with a page entitled "Transparency of ACTA negotiations": 

On Techdirt.

Australian Government Holds Secret Anti-Piracy Meetings; The Public Is Not Invited

As Techdirt noted recently, policy-making behind closed doors is no longer acceptable. Until the end of the 20th century, it was hard for the general public to make their views heard, and so governments didn't really bother asking them. But that's no longer the case: the Internet has blown government wide open, and there is now no excuse for not consulting as widely as possible -- including the public -- before passing legislation or signing treaties. 

On Techdirt.

DMCA Takedown Service Tells Copyright Companies: 'Adapt Your Business To The New Digital World'

Although DMCA takedown notices figure quite frequently here on Techdirt -- especially abusive ones that use the system to remove material covered by fair use or even in the public domain -- the industry that has grown up around them remains somewhat in the shadows. That's what makes the site with the self-explanatory name "Takedown Piracy", found via the 1709 Blog, so fascinating: it offers a glimpse of the world of DMCA takedowns as seen from the other side. 

On Techdirt.

SOCA's Frightening New Approach to Music Piracy

Yesterday I wrote about the unusual aspects of the Serious Organised Crime Agency's take-down of the music site RnBXclusive. As I noted then, there are still lots of questions to be answered here, but another piece of the puzzle has been given to us in the form of the following statement on SOCA's Web site:

On Open Enterprise blog.

Would Steve Jobs Have Approved? Artist Offers His Apple Monologue, Performance Rights, For Free

As sales of its products soar, and its share price continues to climb, Apple has come under increasing scrutiny because of the working conditions in the Chinese factories where its iPhone and iPad are manufactured. This has led Apple's CEO, Tim Cook, to announce recently that the Fair Labor Association will be conducting audits of Apple’s final assembly suppliers, including Foxconn factories in China. 

On Techdirt.

Portuguese Artists Association Struggles To Get Even 100 Members On List In Favor Of Exorbitant New Private Copying Levies

Few ideas display a sense of entitlement better than that of private copying levies. For they assume, by definition, that artists' representatives have a right to money from the public simply because there is some kind of storage that could be used to hold digital copies of copyright files, and that every time such a file is copied, money must be paid (never mind if you are just making backups or transferring your holdings to bigger storage sizes.) 

On Techdirt.

Serious Organised Crime Agency Takes Down Music Site

One of the positive outcomes of the debate that has raged around SOPA/PIPA is that more people have looked at the facts, rather than listened to the rhetoric, surrounding piracy. In particular, the copyright industries' hitherto unchallenged claim that piracy is destroying their business is finally being challenged – not least by reports like "The Sky is Rising" that consolidate industry figures to show that things are really looking pretty good across the board. 

On Open Enterprise..

How Do We Know That Piracy Isn't Really A Big Issue? Because Media Companies Still Haven't Needed To Change As A Result Of It

One of the positive outcomes of the debate that has raged around SOPA/PIPA is that more people have looked at the facts, rather than listened to the rhetoric, surrounding piracy. In particular, the copyright industries' hitherto unchallenged claim that piracy is destroying their business is finally being challenged – not least by reports like "The Sky is Rising" that consolidate industry figures to show that things are really looking pretty good across the board. 

On Techdirt.

UK Publishers Pretend To Embrace Copyright Reform... In Order To Kill Copyright Reform

One of the bolder ideas in the UK's Hargreaves report was the suggestion that a Digital Copyright Exchange should be set up. The idea here is to promote innovative uses of digital content by making it much easier to acquire the necessary licenses from rightsholders. So it's interesting to see the UK Publishers Association (PA) backing the idea: 

On Techdirt.

Head of Mozilla Says ACTA Is 'A Bad Way To Develop Internet Policy'

One telling sign of the widespread concern about SOPA/PIPA was that the non-profit Mozilla Foundation, which oversees the open source Firefox and Thunderbird projects, abandoned its non-interventionist policy, and came out strongly against the bills. It first signed a joint letter sent to the key sponsors of both bills, and then modified its home page, pointing to further information about SOPA. That, in its turn, linked to a post entitled "PIPA/SOPA and Why You Should Care," written by Mitchell Baker, the Chair of the Mozilla Foundation. 

On Techdirt.

ACTA Update VI

Yesterday, a disturbing story appeared on the German taz.de site:

EU MPs have received thousands of emails from ACTA opponents. But no more: the Parliamentary authorities have decided that all ACTA emails will go straight into the spam folder.

On Open Enterprise blog.

The World Of Open Textbooks Just Became A Little More Crowded -- And A Little More Open

Open e-textbooks are hardly new: Techdirt has been reporting on the pioneer in this market, Flat World Knowledge, for several years now. But a new entrant called OpenStax College is noteworthy for a number of reasons: 

On Techdirt.

Dutch Government: Make European Copyright Exceptions More Flexible

Well, here's a turn-up for the books. At a time when the European Commission is insisting that the copyright ratchet should be tightened up a few notches by bringing in ACTA, with its perilously vague terms that potentially criminalize even low-level acts of online sharing, here's the Dutch government planning to go in the opposite direction: 

On Techdirt.

Debunking The EU Commission's 'Myths About ACTA'

It's a sign of the European Commission's increasing desperation over ACTA that it has been forced to send out a document entitled "10 Myths About ACTA" [pdf] that purports to debunk misinformation that is being put around. Unsurprisingly, the EC's document is itself full of misinformation. Here are just a few of the more outrageous examples. 

On Techdirt.

ACTA Update V

The European Commission's defence of ACTA has essentially two prongs. The first is that "ACTA changes nothing for Europeans"; I discussed why that was simply not true in my previous two updates. The other is: "we need ACTA to protect our economies from counterfeiting." Leaving aside the sleight of hand that blurs the distinction between physical counterfeits and digital copies - something I've noted before - I want to show why this claim too is false.

On Open Enterprise blog.

'The Economist' And 'Financial Times' Already Writing Off ACTA As Dead

In the last few days, we've seen an extraordinary wave of announcements by governments in Europe, particularly its eastern part, that they would not be ratifying ACTA immediately. That sequence of events, culminating in today's news that Germany, too, would be holding off, has suddenly made lots of people sit up and take notice.


But even against that tumultuous background, few of us would have expected that two of the most serious business publications in Europe, The Economist and Financial Times, would both go much further than simply noting the problems the treaty now faces, and declare that ACTA is pretty much dead. 

On Techdirt.

Do The Differences Between Software Piracy And Media Piracy Matter?

Danah Boyd (or danah boyd as she prefers to be called) is widely recognized as an authority on privacy, identity and social networks. A couple of weeks ago, in the context of the fight against SOPA, she wrote a blog post where she made an interesting distinction between different kinds of piracy: 

On Techdirt.

ACTA Update IV

This is a continuation of my previous post examining the European Commission's attempt to dispel what it calls ten "myths" about ACTA [.pdf]. I'm commenting only on the most egregious attempts by the Commission to talk away the issues - it would be too tedious to go through every point in detail.

On Open Enterprise blog.

Publishing 2.0: Content Is Marketing, Profits Come From The Packaging

Publishers find themselves confronted by a difficult dilemma at the moment. On the one hand, they might want e-books to succeed, because digital devices represent a huge new market to which they can sell their back catalogs. On the other, they might want them to fail, because e-books will cannibalize sales of traditional books, and it's not yet clear how low the price of e-books will have to go in order to avoid the kind of piracy problems the recording industry exacerbated through persistent overcharging.

On Techdirt.

ACTA Update III

It's a sign of the European Commission's increasing desperation over ACTA that it has been forced to send out a document entitled "10 Myths About ACTA" [.pdf] that purports to debunk misinformation that is being put around. Unsurprisingly, the EC's document is itself full of misinformation; over the next few days I'll be going through some of its most egregious attempts to obfuscate and generally explain away the deep problems of ACTA.

On Open Enterprise blog.

USPTO Says Copies Of Academic Articles Submitted As Prior Art Are Covered By Fair Use

With all the heat that publishers are starting to feel from the academic community, you might have thought that they'd avoid upsetting anyone else. But it seems that some publishers have decided to go after lawyers who make patent applications that include copies of academic articles as prior art. As the PatentlyO blog explains: 

On Techdirt.

We Don't Have A 'Wild West' Internet Now, But We Will If SOPA Or Similar Is Passed

Nicolas Sarkozy, the President of France, has the sad distinction of being in the vanguard when it comes to really bad ideas concerning the Internet. On his initiative, France became the testing-ground for the three-strikes approach of throwing people off the Internet upon multiple accusations of copyright infringement, without the need for proof or a court order, known there as HADOPI. He also helped put into circulation a view that is much in vogue at the moment: 

On Techdirt.