When Transparency Is A Matter Of Life And Death

Against a background of the leaks about NSA spying, transparency -- or lack of it -- is a hot topic at the moment. But there are situations where it can be even more important than just a matter of enhancing confidence in government actions and acting as a check on them, as this Wired story about Middle East Respiratory Syndrome (MERS) makes clear: 

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European Commission Report Says Open Access At 'Tipping Point'

Techdirt has been reporting for some time on the growing number of moves towards making academic work freely available to the public -- for example this recent major boost from the University of California. But what about the bigger picture? How is open access doing overall? The European Commission has just published a new report trying to answer those questions, which offers an extremely upbeat assessment:

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Guantanamo Bay Authorities Ban Solzhenitsyn's 'The Gulag Archipelago'

Some stories, you just couldn't make up. Like this one, reported on the UK site Reprieve, about a failed attempt to pass some reading material to one of the people detained at Guantanamo Bay. Something unsuitable you might guess, perhaps advocating terrorist ways? Well, not exactly:

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Did New Zealand Spooks Tap Into PRISM To Spy On Dotcom?

As Techdirt has reported, the attempts to extradite Kim Dotcom from New Zealand to the US have turned into one of the most catastrophically bungled legal cases in a long while. One of the biggest scandals to emerge was that New Zealand citizens had been wiretapped in an effort to gain evidence against Dotcom, since domestic spying was forbidden there just as it is in the US (oh, wait...). Unfortunately, rather than rapping knuckles and telling the local spooks not to do it again, the New Zealand government has instead just brought in new legislation to make it legal in the future.

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Russia Prepares To Block Tor And Anonymizing Proxies

As more and more countries start introducing Web blocks, some people console themselves with the "at least there's always Tor" argument. Politicians may be slow, but they are not all completely stupid, and they are beginning to get the message that Tor and other anonymous services potentially render their Web blocks moot. It's then not a huge leap for them to move on to the next stage -- banning or blocking Tor -- as Russia now seems to be contemplating, according to this article on Russia Today: 

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German Supreme Court Confirms RapidShare Must Police The Internet And Restrict Anonymous Use

A post on TorrentFreak updates us on the continuing saga of the file-hosting site RapidShare. The Supreme Court in Germany has apparently confirmed a regional High Court decision that had itself confirmed two earlier verdicts concerning the Swiss company: 

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Undownloading: Further Proof Those eBooks You Paid For Really Aren't Yours

Over the years Techdirt has run a number of stories that make it abundantly clear that you don't own those ebooks you paid for. But in case you were still clinging to some faint hope to the contrary, here's a cautionary tale from Jim O'Donnell, a classics professor at Georgetown University. He is currently attending the IFLA World Library and Information Congress in Singapore, and naturally wanted to bring along some serious reading material; ebooks on an iPad seemed the perfect way to do that. As O'Donnell explains: 

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Who Will Take The Privacy Seppuku Pledge?

When Techdirt wrote recently about yet another secure email provider opting to close down its service rather than acquiesce in some future US government demand to spy on its users, we noted that Cryptocloud has promised something similar for a while -- what it terms "corporate seppuku": 

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Massive Overblocking Hits Hundreds Of UK Sites

Two years ago, Techdirt reported on a very troubling ruling in the UK courts that BT had to block access to the Usenet service provider Newzbin2. At the time, many feared that this would be the thin end of the wedge, giving copyright companies an easy way to shut down other sites. And with that power, of course, would come the inevitable errors, blocking completely unrelated sites. Just how seriously those mistakes could be is shown by this recent case of massive overblocking, reported here on PC Pro: 

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The Getty Gets It: 'Open Content, An Idea Whose Time Has Come'

Techdirt has published a number of posts that explore the issue of whether art organizations can stop people sharing images of works in their collections when the latter are indisputably in the public domain. Even if museums might be able to claim copyright in their "official" photographic images, the more important question is whether they ought to. The good news is that some institutions are beginning to realize that using copyright monopolies in this way contradicts their basic reason for existing -- to share the joy of art. Here, for example, is a wonderful statement of that principle from the Getty Museum entitled "Open Content, An Idea Whose Time Has Come": 

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Extending The Spectrum Of Openness To Include The Moral Right To Share

Prefixing concepts with the epithet "open" has become something of a fashion over the last decade. Beginning with open source, we've had open content, open access, open data, open science, and open government to name but a few. Indeed, things have got to the point where "openwashing" -- the abuse of the term in order to jump on the openness bandwagon -- is a real problem. But a great post by David Eaves points out that the spectrum of openness actually extends well beyond the variants typically encountered in the West: 

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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: 

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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: 

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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: 

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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: 

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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. 

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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: 

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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. 

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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. 

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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: 

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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: 

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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. 

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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. 

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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. 

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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): 

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