27 October 2013

Latest 'Think Of The Children' Scaremongering: Pirated Films Might 'Disturb' Them

Just last week we heard how Russia has extended its "think of the children" law to include copyright infringement. That was a classic case of function creep, but here's a more direct invocation of "the children" in order to attack unauthorized downloads of files, this time in the UK: 

On Techdirt.

Copyright Lawyers vs Patent Lawyers Smackdown: And The Winner Is...

You may remember a rather wonderful court case from 2012 that pitted copyright lawyers against patent lawyers over the issue of whether submitting journal articles as part of the patenting process was fair use. Well, we now have the judge's decision, as GigaOm reports: 

On Techdirt.

University Of California Gives Big Boost To Open Access, Still Confused About Sharing Knowledge

Techdirt has been monitoring for a while the inexorable rise of open access in the academic world. But even against a background of major wins, this latest news from the University of California (UC) is still big, not least because it seems to represent a major shift there: 

On Techdirt.

British Library Network Blocks 'Hamlet' For 'Violent Content'

The use of Web blocks -- usually "for the children" -- is becoming depressingly common these days. So much so, that many people have probably come to accept them as a fact of online life. After all, the logic presumably goes, we can't do much about it, and anyway surely it's a good thing to try to filter out the bad stuff? Techdirt readers, of course, know otherwise, but for anyone who still thinks that well-intentioned blocking of "unsuitable" material is unproblematic, the following cautionary tale from the British blogger W.H. Forsyth may prove instructive: 

On Techdirt.

Australian Copyright Industry Says Proposal To Bring In Fair Use Is 'Solution For Problem That Doesn't Exist'

A couple of months back, Techdirt wrote about Australia's proposals to shift from the current fair dealing approach to fair use as part of wide-ranging reform of copyright there. When something similar was mooted in the UK as part of what became the Hargreaves Review, it was shouted down by the copyright maximalists on the grounds that it would lead to widespread litigation. As Mike pointed out at the time, that's nonsense: the existence of a large body of US case law dealing with this area makes it much easier to bring in fair use without the need for its contours to be defined in the courts. 

On Techdirt.

How To Solve Overclassification: Give Government Departments A Limited Annual 'Secrecy Budget'

Recently we noted that "overclassification" of sensitive material actually leads to more secrets being revealed. The New York Times has published an interesting article that picks up on this theme, and gives the following concrete example of how overclassification has been harmful to the US: 

On Techdirt.

US Government War On Hackers Backfires: Now Top Hackers Won't Work With US Government

Techdirt has noted the increasing demonization of hackers (not to be confused with crackers that break into systems for criminal purposes), for example by trying to add an extra layer of punishment on other crimes if they were done "on a computer." High-profile victims of this approach include Bradley Manning, Aaron Swartz, Jeremy Hammond, Barrett Brown and of course Edward Snowden

On Techdirt.

UK's Ofcom Recognizes That Copyright Can Be A Threat To User Generated Content

One of the central problems of laws that deal with copyright is that they are essentially products of a time when the distinction between creator and audience was clear-cut. The move to digital and the rise of the Internet has changed all that, allowing hundreds of millions of people to become new kinds of creators. They may not write entire symphonies or paint the ceiling of the Sistine Chapel, but what they lack in scale and intensity they make up for in frequency and spontaneity. 

On Techdirt.

New Vietnam Decree Says Blogs And Social Media Must Contain Only Personal Information, Not News Reports

Around the world, we have been watching the gradual taming of social media, especially in countries where governments keep mainstream media on a tight leash. But even against that background, this news from the Bangkok Post about Vietnam's latest moves to censor online content is pretty extraordinary: 

On Techdirt.

As Russia Expands Its 'Think Of The Children' Laws To Copyright, Agency In Charge Investigated For Infringement

Last week we wrote about how the Russian equivalent of SOPA had been amended in order to ban swearing online. Although that was worth noting for its entertainment value, probably more important is the fact that the same law -- originally brought in to take down sites about drugs, suicide and child pornography -- has also been widened to include copyright infringement, as TechWeekEurope reports: 

On Techdirt.

Survey: Most Italian Internet Users Think Ignoring Copyright Harms Publishers, But Not Society As A Whole

One of the heartening recent developments in the world of digital copyright is that we have moved on from manifestly biased surveys about the evils of piracy and how the solution to everything is harsher punishment for infringement and longer copyright terms, to independent analyses that seek to understand rather than judge and lecture. There's also been a new focus on learning what the public thinks might be an appropriate balance for modern copyright -- something that nobody cared about in the past. 

On Techdirt.

TPP Negotiations Deprive New Zealanders Of Promised Copyright Consultation -- For Secret Reasons

One of the myths perpetuated by governments taking part in major international treaty negotiations like ACTA, TPP and TAFTA/TTIP is that somehow no national sovereignty is given up during the process, and that therefore the public shouldn't worry about what goes on in those secret meetings. That's clearly absurd, because negotiations involve concessions, usually by the weaker parties, which often touch on national competences. 

On Techdirt.

Could Open Source Make GMOs More Palatable?

As a recent DailyDirt noted, opinions on the safety of genetically modified organisms (GMOs) are sharply divided. But that heated argument tends to obscure another problem that Techdirt has often written about in other fields: the use of patent monopolies to exert control, in this case over the food chain. By inserting DNA sequences into plants and animals and obtaining patents, the biotech industry is granted surprisingly wide-ranging powers over how its products are used, as the Bowman case made clear. That's potentially problematic when those products are the foods that keep us alive. 

On Techdirt.

Peru Proposes Default Internet Censorship Requiring Opt-in To View Pornography

Techdirt has run a number of posts about David Cameron's dangerous plans to apply default online censorship and make porn opt-in in the UK, supposedly to "protect the children". Now it looks like Peru is following suit (original in Spanish): 

On Techdirt.

26 October 2013

Trade Agreements With Mexico And South Korea Turned Out To Be Disasters For US: So Why Pursue TPP And TAFTA/TTIP?

Two massive trade agreements currently being negotiated -- TPP and TAFTA/TTIP -- could potentially affect most people on this planet, either directly or indirectly through the knock-on effects. Like all such agreements, they have been justified on the grounds that everyone wins: trade is boosted, prices drop, profits rise and jobs are created. That's why it's been hard to argue against TPP or TAFTA -- after all, who doesn't want all those things? 

On Techdirt.

What Exactly Does The EU Plan To Do On Net Neutrality?

There are few areas in tech policy where the waters are so muddied as those swirling around net neutrality. That's as true for the EU as it is for the US. The latest statement by the person responsible for this area in the European Commission, Neelie Kroes, does little to clarify things

On Techdirt.

Discontent With Secrecy And One-Sided Nature Of TPP Spreads Among Participating Nations

Last week Mike wrote how frustration at the unremitting secrecy surrounding TPP, and the refusal to allow members of the public in whose name it is being negotiated to express their views, has led to the creation of a new participatory Web site by the "Fair Deal Coalition." Many of the best-known groups fighting for more balanced copyright laws in the US, Canada, Australia and New Zealand have signed up, including Techdirt. 

On Techdirt.

Another Problem with UK's 'Nudge Censorship': No Clear Accountability

As Tim Cushing has noted, David Cameron's half-baked plan to make online pornography opt-in in the UK has continued to earn him ridicule around the world. Despite that fact, there is already talk about extending this censorship approach to a host of other completely legal areas. The UK Open Rights Group (ORG), which discovered that slide into general censorship, not just of porn, has published another post which points out a further reason why what they call "nudge censorship" -- using default blocks that require a conscious opt-in to remove -- is so dangerous: the lack of clear accountability

On Techdirt.

Russia To Ban Swearing On The Internet

A year ago, we wrote about a Russian law that introduced a blacklist designed to block access to information on drugs, suicide and child pornography (all for the children, of course.) Strangely, that same law was then used to silence leading reporters who dared to criticize the government (bet nobody saw that coming....) 

On Techdirt.

Tell Old Pharaoh: Let My Postcodes Go

The story of open data in the UK has been fairly uplifting in recent years, as more and more public datasets are released under liberal licences. Even the big holdouts - things like Ordnance Survey - have gradually loosened their grip. The same is true for the Postcode Address File (PAF), which has a surprising long history:

On Open Enterprise blog.

TTIP Update I

At the start of this year I flagged up the likelihood that hugely important trade negotations between the EU and US would start in due course. A few months later, I gave some more background to that move, as well as the text of a document calling for the participants to avoid repeating the grave mistakes of ACTA, which ultimately led to that agreement being rejected in the European Parliament on July 4 last year.

On Open Enterprise blog.

Russia to Ban Swearing Online: UK to Follow?

Yesterday I wrote about the slide into censorship and self-censorship that the UK government's misbegotten plans to impose a default set of Net blocks could bring about. Of course, the UK is not alone in seeking to introduce disproportionate schemes. Here's one from Russia:

On Open Enterprise blog.

UK Sliding into Something Worse than Censorship

Unless you have been living under the proverbial rock, you will have heard and probably read plenty about the UK government's grandstanding proposals to make pornography opt-in. I won't waste your time by going through the many reasons why that is a foolish idea and won't achieve the things the government says it will. Instead I'd like to concentrate on some disturbing hints about where this could be going, and why we need to start fighting any such plans now.

On Open Enterprise blog.

Yet More Security Reasons to Give Microsoft a Miss

In the wake of Microsoft's dire financial results, it might seem a little unsporting to draw attention to more of the company's problems. But its continuing stranglehold on companies and governments around the world means that such measures are justified, not least because people are suffering as result - millions of them.

On Open Enterprise blog.

EU Kills Net Neutrality, Threatens Online Openness

I've been trying to fathom what exactly Neelie Kroes, Vice-President of the European Commission with responsibility for the Digital Agenda, intends to do about net neutrality in Europe for a while. Back in January of this year, I asked: "Will Neelie Kroes Defend or Destroy EU Net Neutrality?", and in June I was still wondering: "What's the Net Net on Neelie Kroes's EU Net Neutrality?"

On Open Enterprise blog.