09 March 2013

China's Censorship Hits Internet Users In Other Countries

It's hardly a surprise these days that Chinese Internet companies routinely self-censor what appears on their services: the world knows there's not much it can do about what happens within China's borders. But here's a disturbing story about how that censorship has started spreading further afield

On Techdirt.

How Lobbyists' Changes To EU Data Protection Regulation Were Copied Word-For-Word Into Proposed Amendments

Everyone knows that politicians are lobbied, sometimes massively. But it's rare to be able to track directly the detailed effects of that lobbying. That's why a new site called LobbyPlag is so interesting: it allows people to do precisely that in the case of the controversial data protection rules in the EU, which aim to regulate how personal information harvested from users of online services can be used. Naturally, many large Net companies -- mostly in the US -- are unhappy about these moves; some US diplomats are even talking of a possible "trade war" if the proposals go through in their current form. That's unlikely, not least because the lobbying is starting to pay off, as LobbyPlag's analysis makes clear. 

On Techdirt.

China Tries To Bolster Claim To Disputed Pacific Islands By Upgrading Mobile Coverage There

The Spratly Islands are some 750 reefs, atolls and islands in the South China Sea that are claimed variously by Brunei, the People's Republic of China, the Republic of China (Taiwan), Malaysia, the Philippines and Vietnam. That's largely because of the rich fishing grounds that surround them, and the possibility of significant oil and gas reserves nearby. 

On Techdirt.

EU Data Protection: Proposed Amendments Written by US Lobbyists

It's becoming clear that the lobbying around the proposed EU directive on Data Protection is some of the most intense ever seen - some activists have said it's even worse than during ACTA, while on the US side there's mutterings about starting a "trade war" if it's passed in its present form.

On Open Enterprise blog.

Digital Copyright Principles, According To The Davos Set

Maybe it's just me, but this year's annual meeting of the global elite at the World Economic Forum in Davos seemed particularly irrelevant. In fact, all those movers and shakers had packed up and flown off in their private jets before I had even noticed that they had flown in, and it's hard to detect much of a ripple from anything that happened there (or maybe I just move in the wrong circles....)
On Techdirt.

11 February 2013

Canada Denies Patent For Drug, So US Pharma Company Demands $100 Million As Compensation For 'Expropriation'

An increasingly problematic aspect of free trade agreements (FTAs) is the inclusion of investor-state provisions that essentially allow companies -- typically huge multinationals -- to challenge the policies of signatory governments directly. The initial impulse behind these was to offer some protection against the arbitrary expropriation of foreign investments by less-than-democratic governments. But now corporations have realised that they can use the investor-state dispute mechanism to challenge all kinds of legitimate but inconvenient decisions in any signatory nation. Here's a good example of how this provision is being invoked to contest a refusal by Canadian courts to grant a patent on a drug, as explained on the Public Citizen site: 

On Techdirt.

UK National Curriculum: A Level Playing-Field?

Just over a year ago, I reported on a remarkable speech by the UK Education Secretary Michael Gove that contained the following words:

On Open Enterprise blog.

NZ, Don't Make Our Mistake on Software Patents As Such

A couple of months ago, an MEP asked the European Commission an interesting question:

On Open Enterprise blog.

Another Terrible Idea From Russia: Using Whitelists To Control Access To The Internet

Techdirt has been reporting on a steady stream of bad tech ideas coming out of Russia, including content monitoring, banning children from using WiFi, anti-piracy laws requiring takedowns in 24 hours and -- of course -- site blocking. But such blacklists are too permissive for some Russians: over on Google+, Peter Lemenkov pointed out that one region is now introducing whitelists (original in Russian): 

On Techdirt.

Here's A Taste Of What Publishers Will Do If First Sale Rights For Foreign Goods Disappear

As Techdirt reported a few months back, the Supreme Court Justices seem rightly concerned about the "parade of horribles" -- things that would happen if the decision in the Wiley v. Kirtsaeng copyright case over whether or not you have the right to resell a foreign-made product you bought were applied generally. In the oral arguments, the line of Wiley's lawyer was essentially: nothing bad will happen, because copyright holders would never dream of using the decision to make outrageous demands. 

On Techdirt.

European Court Of Human Rights: No, Copyright Does Not Automatically Trump Freedom Of Expression

As many know, copyright had its origins in censorship and control. But over the last few hundred years, that fact has been obscured by the rise of the powerful publishing industry and the great works it has helped bring to the public. More recently, though, laws and treaties like SOPA and ACTA have represented a return to the roots of copyright, posing very real threats to what can be said online. That's not because their intent was necessarily to crimp freedom of expression, but as a knock-on effect of turning risk-averse ISPs into the copyright industry's private police force. 

On Techdirt.

10 February 2013

Copyright: Finally, the Evidence is Coming

Back in 2011, I noted that one of the most significant achievements of the Hargreaves report was its shockingly revolutionary suggestion that copyright policy should be based on the available evidence, not "lobbynomics". The fact that this even had to be said shows to what depths policy-making had sunk - something clearly demonstrated by the disgraceful Digital Economy Act, or the extension of copyright term for musical performances, both of which were passed despite the evidence, rather than because of it.

On Open Enterprise blog.

What's the next big platform for Linux?

Linux has a problem: it's running out of platforms to conquer. It's already the top operating system for smartphones and supercomputers, and is widely used in embedded and industrial systems. It's true the Year of the GNU/Linux desktop continues to be five years in the future, but the rise of tablets makes up for that in part. 

On The H Open.

First Big Pharma Company Announces Support For Clinical Data Transparency Campaign: Who's Next?

It would be something of understatement to say that the spiralling cost of healthcare has become a highly-charged political issue in the US (and elsewhere). But wherever people stand on the funding of medicine, there is an implicit assumption that it works, and is worth even the exorbitant prices that pharmaceutical companies may charge. Sadly, that's often not true. 

On Techdirt.

New UK Copyright Research Center Immediately Under Attack For Daring To Ask About Evidence

As Techdirt reported last year, some copyright maximalists in the UK seem to be against the whole idea of basing policy on evidence. Last week saw the launch of CREATe: Creativity, Regulation, Enterprise and Technology, a new UK "research centre for copyright and new business models in the creative economy." One of the things it hopes to do is to bring some objectivity to the notoriously contentious field of copyright studies by looking at what the evidence really says; so it was perhaps inevitable that it too would meet some resistance from the extremist wing of the copyright world. What's surprising is that it seems to have happened during the launch itself, as Paul Bernal, an academic who was there, reports: 

On Techdirt.

Japan Wonders Whether It Is Worth Joining TPP Negotiations After All

The Trans-Pacific Partnership (TPP) agreement began as a cosy treaty between just three nations: Chile, New Zealand and Singapore. But once the US joined in 2010, this small-scale partnership suddenly became something much more significant. As USTR Ron Kirk put it in a press release at the time

On Techdirt.

Bayer Fights India's Compulsory Licensing Of Cancer Drug By Claiming It Spent $2.5 Billion Developing It

Back in March last year, the Indian government announced that it was granting its first compulsory license, for the anti-cancer drug marketed as Nexavar, whose $70,000 per year price-tag put it out of reach of practically everyone in India. Nexavar's manufacturer, the German pharmaceutical giant Bayer, naturally appealed against that decision, and the hearing before the India Intellectual Property Appeals Board (IPAB) has now begun. Jamie Love has provided a useful report on the proceedings; here's his summary of what's at stake: 

On Techdirt.

UK Government Fails Its First Big Procurement Test

As regular readers of Computerworld UK know, the UK government has repeatedly said that it wishes to move on from the past patterns of procurement that have seen the UK spending far more on IT than comparable governments elsewhere. For years the UK has been the IT industry's dream: a rich but gormless customer that believes everything it is told by suppliers, and happy to pay through the nose for projects that consistently fail to deliver, assuming they are even completed. Indeed, the UK government has become proverbial in the IT world for its inefficiency and incompetence in this area.

On Open Enterprise blog.

Of netbooks, tablets and Linux's revenge

Five years ago, I wrote an article about the relatively new class of netbook computers. I suggested the ultra-low price machines running GNU/Linux posed a problem for Microsoft. That's because it needed to charge something for Windows, pushing the price of Windows-based netbooks above similar systems running free software. As I wrote:

On The H Open.

Google's Other Bad Idea: Offering 50 Million Euros To French Newspapers [Updated]

Earlier this week we wrote about a strange move by Google: apparently agreeing to pay the French telecoms company Orange extra to deliver its traffic -- thus abandoning the principle of net neutrality it has championed for so long. And now here's another dubious decision: allegedly offering to pay French publishers 50 million Euros in order to settle the dispute over the display of news snippets in its search results

On Techdirt.

French National Library Privatizes Public Domain Materials

Copyright is sometimes described as a bargain between two parties: creators and their public. In return for receiving a government-backed monopoly on making copies, creators promise to place their works in the public domain at the end of the copyright term. The problem with that narrative is that time and again, the public is cheated out of what it is due. 

On Techdirt.

Russian Ministry Of Culture Publishes Draft Anti-Piracy Law; Requires Takedowns Within 24 Hours

Presumably as part of the overall agreement for Russia to be allowed to join the WTO, the Ministry of Culture there has published a draft of its anti-piracy law (via @PostActa). Here's the google translation of a story on the roem.ru site

On Techdirt.

VLC Multimedia Player Shows Changing Open Source License Is Hard, But Possible

Licenses lie at the heart of open source -- and many other kinds of "open" too. That's because they are used to define the rights of users, and to ensure those rights are passed on -- that the intellectual commons is not enclosed. Their central importance explains in part the flamewars that erupt periodically over which license is "best" -- many people have very strong feelings on the subject. 

On Techdirt.

Google Decides Smartphone Market Share Is More Important Than Net Neutrality

As a recent post noted, net neutrality is under threat in France, with ISPs like Free asking Google to pay extra for delivery of its traffic. According to this post on the Forbes Web site, Google has already agreed to pay the French telecoms company Orange in precisely this way. As well as damaging the whole principle of net neutrality, something that Google has been championing for many years, this would seem to be a pretty bad business decision. After all, if Orange is now getting paid to carry Google's traffic, why shouldn't every other telecom company out there also receive money for delivering Google's services? 

On Techdirt.

Taking open source foundations to the next level

Krita is a fine sketching and painting program, but few would claim that it is one of the big names in the open source world, such as Firefox or LibreOffice. That makes the following recent announcement noteworthy:

On The H Open.