French & German Courts Disagree Whether Internet Companies Need To Filter

Recently, Techdirt reported on the ruling by a German court on the issue of filtering -- whether Internet sites have a responsibility to block files continually if they have been notified about infringing materials once, sometimes called "Notice and Stay Down". The German court basically said they do, but the highest French court has taken a different view (French original.) 

On Techdirt.

Digital Economy Act: Respond or Repeal?

As I and many others noted at the time, the Digital Economy Act was one of the most disgraceful abuses of the parliamentary process in recent years. It was a badly-drafted bill, with lots of glaring problems, but it was pushed through a near-deserted House of Commons in the dying hours of the previous government. Despite its incorrect premises, shoddy framing and outright final stupidities, it is still hauling its unlovely carcass through the implementation process after several legal challenges failed to put it out of its misery.

On Open Enterprise blog.

EU To Open Up Secret Clinical Trial Data; TPP Looking Even More Retrogressive

Openness is really beginning to sweep through the European Union at all levels. Yesterday we wrote about the European Commission's ambitious plans to make the results of publicly-funded research freely available as open access; now comes news of a major opening up in the world of pharmaceutical data: 

On Techdirt.

Open Access: Not All That is Gold Glisters

I've written elsewhere about how open access - the idea that academic research paid for by the public should be freely available online - was directly inspired by open source. So it's great to see open access making huge strides recently, including the following:

On Open Enterprise blog.

EU Proposes To Provide Open Access To The Results Of Research It Funds

Yesterday, Techdirt reported on the UK government's plans to make publicly-funded scientific research freely available as open access. One concern was that its approach required funds to be diverted from research to pay for the article processing charges levied by so-called "gold" open access titles. One figure being bandied around was about $80 million per year, but a new report in the Guardian suggests this is a huge over-estimate, and that the true cost will be more like a fifth of that figure. 

On Techdirt.

Italian Local Government Warms to Open Source

There is a natural tendency to concentrate on what is happening locally, and so most of the stories here on Open Enterprise are about what's happening in the UK, or developments that affect it directly. But it's important to remember that open source is a global development, and that things are bubbling away everywhere, all the time.

On Open Enterprise blog.

Is This Chemical Why File Sharers Buy More Music?

One of the great divides in the digital world is between those who believe that people who share files online are selfish, thieving pirates who just want something for nothing, and those who see them simply as ordinary people who want to swap cool stuff with the world. The first group views them as a canker eating at the heart of the music industry, while the second sees them as providing free marketing to the artists concerned. What evidence we have supports the latter view -- not least because the music industry is thriving, not dying as you might expect if piracy were a problem. 

On Techdirt.

Is Open Data A Boon Or A Bane?

Techdirt often writes about the benefits of openness and sharing. One area that is increasingly coming to the fore is open data -- for example, for some time both the US and UK have had major projects aimed at opening up the stores of data held by their respective governments, and other countries are rapidly joining the club. But amidst all the enthusiasm for such projects, it's easy to get swept away, and to accept the idea of open data uncritically. That's what makes this fascinating blog post entitled "Seeing Like a Geek" from Tom Slee so valuable, because he calls out what he sees as a serious problem with open data initiatives: 

On Techdirt.

Russia And China Both Want To 'Protect Children'; Both Want To Do It By Increasing Censorship

As expected, Russia has passed a law that will allow Web sites to be blacklisted, ostensibly to "protect children". According to this AFP report, the very vague "harmful information" category has been narrowed somewhat, but future threats remain: 

On Techdirt.

UK Government Wants To Give Itself Power To Change Copyright Law Without Full Parliamentary Scrutiny

A common feature of democracies is that new laws are scrutinized and debated by representatives of the people before they are passed -- the hope being that bad proposals can be amended or discarded. Laws giving governments the power to change other laws with only minimal oversight are therefore generally regarded as a Bad Thing. But that's exactly what the UK government plans to introduce, as this article on the Out-Law.com site explains: 

On Techdirt.

Is The EU's Proposed Reform Of Music Licensing Doomed From The Start?

Music collection societies often figure in Techdirt thanks to their attempts to wring licensing payments from people on absurd grounds, like trying to make them pay for playing music to horses, or for singing old folk songs. But in Europe, there's another issue. Because each country has its own music collection society, digital music startups wishing to operate across Europe must negotiate not one, but dozens of separate licenses – a major obstacle to overcome. 

On Techdirt.

South Korea Gives Mobile Operators Permission To Ignore Net Neutrality By Surcharging Or Blocking VOIP Services

Net neutrality arguments are often couched in rather theoretical terms, and many people can't really see what all the fuss is about. A recent decision in South Korea gives a handy example of what the loss of net neutrality means in practice: 

On Techdirt.

Are Books Printed With Disappearing Ink Really The Best Way To Make People Read Them?

As Techdirt has noted, the main threat to artists is not piracy, but obscurity -- the fact that few know they are creating interesting stuff. As passive consumers increasingly become creators themselves, and the competition increases, that's even more of an issue. For writers, there's a double problem: not only do people need to hear about a work, they also have to find the time to explore it once acquired, and that's often a challenge in our over-filled, stressed-out lives -- unless we're talking about haiku. Here's an unusual approach to encouraging people to find that time to read books: 

On Techdirt.

India Moves Even More Of Its Healthcare Away From Western Pharma

A few years back, Techdirt noted that India had 16,000 licensed drug manufacturers in the 1990s, and became a net exporter of pharmaceutical products. Things changed somewhat when India joined the WTO, which forced it to recognize pharmaceutical patents, but more recently it has started moving back towards generics, notably with the compulsory licensing of a kidney and liver cancer drug that was being sold by Bayer in the country for around $70,000 a year. 

On Techdirt.

DCMS: Who Cares What the Public Thinks?

The UK government's communications review is likely to have a big impact on the digital world. As part of that investigation, the Department for Culture, Media and Sport (DMCS) is organising five seminars to canvas people's views on various aspects of communications. These are:

On Open Enterprise blog.

What Happens If File Sharing Can Also Be Prosecuted As Trademark Infringement?

In the arguments over ACTA, one criticism seemed widely accepted: that it tries to bundle together two quite different challenges -- tackling counterfeit goods, like fake medicines, and dealing with unauthorized file sharing. One popular suggestion was that ACTA should be split in two in order to handle those separately – for example, David Martin, the politician who played a key role in convincing the European Parliament to reject ACTA this week, supports this approach. 

On Techdirt.

ACTA's Back: European Commission Trying To Sneak In Worst Parts Using Canada-EU Trade Agreement As A Trojan Horse

Even in the face of a resounding rejection of ACTA by the European Parliament last week, the European Commission seems determined to keep pushing for its eventual adoption. Techdirt noted some ways in which it might try to do that, but an important article by Michael Geist lays out what seems to be an alternative approach that is already close to fruition: 

On Techdirt.

Help Stop Software Patents in Europe (Again)

A couple of weeks ago I wrote about the danger that the Unitary Patent would usher in software patents to Europe. The proposal was supposed to be voted upon last week in the European Parliament's plenary session, but was postponed, thanks to our very own David Cameron.

On Open Enterprise blog.

UK Ministry of Defence Close To Gaining Patent On Key GPS Technology; US Not Amused

Normally, we think of the US as the champion of patenting "anything under the sun that is made by man," while the UK is generally more reticent. So it's rather surprising to find the roles reversed in the following story about a new standard for the GPS navigation system: 

On Techdirt.

The Warehousing And Delivery Of Digital Goods? Nearly Free, Pretty Easy, Mostly Trivial

One of the most important moments in the rise of a radical idea is when the fightback begins, because it signals an acceptance by the establishment that the challenger is a real threat. That moment has certainly arrived for open access, most obviously through moves like the Research Works Act, which would have cut off open access to research funded by the US government. That attack soon stalled, but the sniping at open access and its underlying model of free distribution has continued. 

On Techdirt.

EU Directive On Orphan Works So Bad It Makes Things Worse

Orphan works (or maybe that should be "hostage works") have become a really hot area in the copyright debate. That's because increasing numbers of people have realized how insane the current situation is whereby millions of older works, that are out of print and have no obvious owners, remain locked away because of copyright. This has led to various proposals around the world to liberate them, while still protecting the copyright holders if they later appear and assert ownership. 

On Techdirt.

So We Won on ACTA Yesterday: Now What?

Well, we did it: ACTA was resoundingly defeated in the European Parliament yesterday by 478 votes to 39, with 165 abstentions. That's largely because so many of us contacted our MEPs, wrote emails and even took to the streets. Leaving aside the victory in itself, that's important too because people across Europe have worked together on a massive scale in the defence of the Internet and its freedom. 

On Open Enterprise blog.

UK Pensioner Could Face Arrest For Atheist Poster

Along with ridiculous libel cases, the UK is also infamous for laws that are designed to stop people hurting the feelings of others. Maybe that's a laudable aim, but the end-result is that they can cast a chill over freedom of speech. Here's a classic case from the English town of Boston in Lincolnshire: 

On Techdirt.

ECJ Decision: You *Do* Own Software That You Buy

Although all eyes have been on the European Parliament this week, that doesn't mean things have stopped elsewhere in the EU machine. In particular, the European Court of Justice, the highest in the EU, has just delivered a stunning and really quite unexpected judgment that could have major implications for the digital world.

On Open Enterprise blog.

European Parliament Declares Its Independence From The European Commission With A Massive Rejection Of ACTA. Now What?

In a plenary vote today, the European Parliament has rejected ACTA by 478 votes to 39, with 165 abstentions. That followed a failed attempt by the right-of-center EPP Group to call for a postponement. Although the final result was not totally unexpected, since the signs had been pointing this way for a time, it nonetheless represents a huge victory for campaigners who had more or less given up hope of stopping ACTA in Europe even a few months ago. So the question now becomes: what are the ramifications? 

On Techdirt.