23 October 2007

We Need This...

...like we need a hole in the head:

the European Commission wants the EU to bypass WIPO and the WTO and move forward on a new anticounterfeiting trade agreement (ACTA) made directly with key trading partners.

The goal is to strengthen the intellectual property protections so important to the EU, the US, Korea, Japan, and others. Despite formidable protection offered by WIPO treaties and WTO rules, the Commission announced today that it needs to do more to protect European business, in part due to the "speed and ease of digital reproduction" and "the growing importance of the Internet as a means of distribution."

I Was Wrong: Microsoft Won

I could feel it in my bones: the great victory of the EU over MS is a sham. Here's why.

Ex-steely Neelie - to be renamed wheeler-dealer Neelie - said as follows:


I told Microsoft that it should give legal security to programmers who help to develop open source software and confine its patent disputes to commercial software distributors and end users. Microsoft will now pledge to do so.

And naively, I thought that meant what it said. Silly me. Reference to the rather low-profile EU FAQ clarifies:

Can open source software developers implement patented interoperability information?


Open source software developers use various “open source” licences to distribute their software. Some of these licences are incompatible with the patent licence offered by Microsoft. It is up to the commercial open source distributors to ensure that their software products do not infringe upon Microsoft’s patents. If they consider that one or more of Microsoft’s patents would apply to their software product, they can either design around these patents, challenge their validity or take a patent licence from Microsoft.

WTF?!? "Some of these licences are incompatible with the patent licence offered by Microsoft" - what, you mean like - choosing totally at random - the GNU GPL, as used by Samba, the only program that really cares about Microsoft's damn protocols?

And let's not forget that this "patented interoperability information" isn't even valid in Europe, because you can't patent software or business methods or whatever you want to call this stuff. And yet the EU has just passed a quick benedictus on the whole bloody thing.

This is a total and utter cop-out, and confirms my impression that politicians are a total waste of skin. But don't take my word for it, read those of someone who understands what's going on far better than me, Pieter Hintjens, of the FFII:

I've watched the emerging deal between the EU and Microsoft over the last weeks with increasing skepticism. From the moment the ECJ decided that Microsoft was indeed guilty of abusing its dominant position, it seemed clear that the vendor was negotiating its way through the wet paper bag that the EU - indeed the global - anti-trust policy has become.

The EU Commission steps down in 2009, and any appeal would have taken three years at least, damning Kroes and her department to eternal infamy as the anti-trust team who could not get Microsoft to back down.

Now Kroes can retire with glory, and Microsoft has to start behaving. But as the Las Vegas saying goes, every game has a patsy, and if you don't know who the patsy is, chances are it's you.

Microsoft pays the EU its fine, plus additional costs. It's perhaps a month or two of net profit for the vendor. The EU gets its paper victory. And what about open source?

Read it, and weep.

Update: More analysis from Groklaw seems to confirm the details.

Oracle Users (Heart) MySQL

The Independent Oracle Users Group (IOUG) recently surveyed their members about open source and has now published their findings. A few highlights:
-More than one third of the respondents reported that they have deployed an open source database in production, which is a higher rate than for open source tools, frameworks or applications.
-Nearly three-quarters of that group have MySQL installed

Three-quarters? Wow. Bear in mind that MySQL, just like Linux before it, will become more powerful, nudging Oracle from underneath. Classic Innovator's Dilemma stuff. Maybe time to worry a little, eh Larry?

Microsoft Changes Its Tune....

This is too cool. How do you follow up C#? Why, with F#, of course....

Pity they spoil it by using a shared source licence, rather than going fully open source. (Via Ars Technica.)

Groklaw Begins to Grok the iPlayer

I've written pretty extensively about the scandal that is the BBC iPlayer. The main man fighting the good fight here is the indispensable Mark Taylor, and it's good to see that Groklaw has caught up with him and the iPlayer saga in this interview. Do read it to learn the terrifying twists and turns in this sorry tale.

Mighty Mozilla Maketh Mucho Moolah

Mozilla's revenues (including both Mozilla Foundation and Mozilla Corporation) for 2006 were $66,840,850, up approximately 26% from 2005 revenue of $52,906,602. As in 2005 the vast majority of this revenue is associated with the search functionality in Mozilla Firefox, and the majority of that is from Google.

It's also doing rather well on just about every other metric, as Mitchell's post "Beyond Sustainability" explains. Recommended reading.

22 October 2007

Tragedy of the (Music Score) Commons

Here's Wikipedia's info about the International Music Score Library Project (IMSLP):


a project for the creation of a virtual library of public domain music scores, based on the wiki principle. Since its launch on February 16, 2006, more than 15000 scores, for 9000 works, by over 1000 composers (as of October 2007) were uploaded, making it one of the largest public domain music score collections on the web. The project used the popular MediaWiki software.

A kind of Project Gutenberg for music - a digital commons, in other words, lovingly put together by hundreds, maybe thousands of volunteers, for the greater good.

And here's what has happened:

On Saturday October 13, 2007, I received a second Cease and Desist letter from Universal Edition. At first I thought this letter would be similar in content to the first Cease and Desist letter I received in August. However, after lengthy discussions with very knowledgeable lawyers and supporters, I became painfully aware of the fact that I, a normal college student, has neither the energy nor the money necessary to deal with this issue in any other way than to agree with the cease and desist, and take down the entire site. I cannot apologize enough to all IMSLP contributors, who have done so much for IMSLP in the last two years.

This tragic situation arises because of the discrepancy in copyright terms: what is in the public domain in Canada (where IMSLP is hosted) may still be in copyright in Europe (where Universal Edition is based). But trying to impose European terms on Canadian content is clearly wrong, as Michael Geist rightly points out:

As for a European infringement, if UE is correct, then the public domain becomes an offline concept, since posting works online would immediately result in the longest single copyright term applying on a global basis. That can't possibly be right. Canada has chosen a copyright term that complies with its international obligations and attempts to import longer terms - as is the case here - should not only be rejected but treated as copyright misuse.

Remind me never to buy a score from Universal Edition again.

Blogging in Italy: Not La DolceVita

I love Italy - wonderful people, wonderful scenery, wonderful art, wonderful food, wonderful wine - well, you get the picture; but I do sometimes wonder about the politicians:

The Levi-Prodi law lays out that anyone with a blog or a website has to register it with the ROC, a register of the Communications Authority, produce certificates, pay a tax, even if they provide information without any intention to make money.

...

the Levi-Prodi law obliges anyone who has a website or a blog to get a publishing company and to have a journalist who is on the register of professionals as the responsible director.

99% would close down.

The lucky 1% still surviving on the Internet according to the Levi-Prodi law would have to respond in the case of the lack of control on defamatory content in accordance with articles 57 and 57 bis of the penal code. Basically almost sure to be in prison.

Cazzarola!

Update: A blogospheric firestorm seems to have brought the Italian government - some of it, at least - to its senses. Dio sia ringraziato.

Microsoft Opens Its Gritted Teeth

I didn't write about Microsoft's capitulation to steely Neelie earlier because the open source aspect seemed unclear. Trust Matthew Aslett to dig up the official details of her announcement:

I told Microsoft that it had to make interoperability information available to open source developers. Microsoft will now do so, with licensing terms that allow every recipient of the resulting software to copy, modify and redistribute it in accordance with the open source business model.

I told Microsoft that it should give legal security to programmers who help to develop open source software and confine its patent disputes to commercial software distributors and end users. Microsoft will now pledge to do so.

I worry that there's some wiggle room here - just what exactly is "the open source business model"? - but given the soundness of its thrashing, maybe Microsoft really has given up fighting the EU. Let's hope.

I suppose it's worth pointing out the huge symbolism of this win. Microsoft, a company built on black box nature of its code, and on using its proprietary interfaces to lock out competitors, has been forced to open up those interfaces - something that would have been unimaginable ten years ago. So deeply has openness now entered the system.

Open Content Alliance - Good, but not New....

Nice story in the New York Times about libraries choosing to go with the Open Content Alliance rather than that nice Mr. Google or Mr. Microsoft:

Several major research libraries have rebuffed offers from Google and Microsoft to scan their books into computer databases, saying they are put off by restrictions these companies want to place on the new digital collections.

The research libraries, including a large consortium in the Boston area, are instead signing on with the Open Content Alliance, a nonprofit effort aimed at making their materials broadly available.

Libraries that agree to work with Google must agree to a set of terms, which include making the material unavailable to other commercial search services. Microsoft places a similar restriction on the books it converts to electronic form. The Open Content Alliance, by contrast, is making the material available to any search service.

That's all jolly well and good, but what I can't understand is that the blogosphere is going nuts about this "new" initiative:

The Internet Archive, whose main claim to fame is the Wayback Machine, designed to archive the internet's web history, has created a new project: the Open Content Alliance.

Well, no, not as such:

The Open Content Alliance (OCA) represents the collaborative efforts of a group of cultural, technology, nonprofit, and governmental organizations from around the world that will help build a permanent archive of multilingual digitized text and multimedia content. The OCA was conceived by the Internet Archive and Yahoo! in early 2005 as a way to offer broad, public access to a rich panorama of world culture.

So founded in 2005; and as its press archive shows, it's hardly been dormant since then....

Update: More details from Da Man himself, Brewster Kahle, here.

Open Tesco?

Tesco may not be a name that means much outside the UK, but the fact that this huge retailer is selling GNU/Linux-based systems - some for as little as £140 (without a screen) - is pretty significant. After all, it's not hard to imagine lots of people seeing the price tag and buying one without really noticing that it doesn't have Windows, discovering that it doesn't matter that much (aside from games). (Via 451 CAOS Theory.)

Green...About the Gills

Well, that didn't last long:

Trolltech has discontinued its Linux-based "Greenphone" development platform. Touted upon its introduction as the first Linux-based mobile phone with user-modifiable firmware, the device will be superseded by various third-party products, including not only open phones, but also portable media players, navigation devices, and home automation equipment, the company says.

Out of the Mouth of Babes and Sucklings

Look, this content stuff is quite easy. It costs money to make a CD because it's a physical object, and if you take a CD from a shop, the shop no longer has it: that's stealing. It costs (virtually) nothing to make a digital file (electrons are cheap), and if you make a copy of a file, the original owner of that file still has a copy: that's not stealing (it may be copyright infringement, but that's another matter).

See, even nine-year-olds understand the difference:

TF. Do you think you should be paying for stuff off LimeWire? You have to buy CD’s from the shop…

- You have to pay for CD’s because they’re actually on a disc not on the computer. My cousin, right, she uses LimeWire when she doesn’t have any money for CDs.

Simple.

Trivial Defamation

One of the unanswered questions is to what extent web sites/blogs need to worry about defamatory postings made by their users. Here's a little legal sanity from the UK:

In a move sure to please football fans arguing the toss on bulletin boards all over the UK, a High Court judge has ruled that lively banter of a “strictly defamatory” nature can still be so trivial that The Man can’t always force board owners into revealing poster’s identities.

God bless pragmatism.

China Gets Wired

Indeed, it's possible that the restrictions on press reporting, both on- and offline, is actually spurring Internet use. In the first half of 2003, for example, during the SARS crisis, 9 million Chinese people went online for the first time, and almost 50% of users reported an increase in their Internet usage during SARS. Silencing the press anywhere is likely to pique interest, and despite the surveillance, China's Internet is still a place to sate such curiosity. As blogger Lian Yue said in a recent email interview with your correspondent, "For people who have even just a little Internet experience, you can pretty much get any information you want to know."

Just think about the implications of that last sentence....

21 October 2007

Weekend Reading

Here are two online journals that may be of interest. Both, happily, are open access, so you can root around to your heart's content.

The first is the inaugural issue of the International Journal of the Commons. I have to declare a very tangential interest here in that they asked me to review a submitted paper: obviously my well-intentioned comments were devastating, since it's not included in the present issue...

The other journal is Innovations from MIT Press. This has an interesting mix of articles, including one by Cory Ondrejka on Second Life, and others on the Science Commons and Open-Sourcing Social Solutions.

20 October 2007

Should We Tolerate Tolerated Use?

Although this article by Tim Wu came out a few days ago, I hadn't read it through until now; but I see that it's raising some fascinating questions about the *next* stage of the copyright battle, not least through Our Man in the Audience, Larry Lessig:

This spring, at the Max-Planck Institute in Bonn, Germany, I gave a talk on the phenomenon of tolerated use, and in the audience was Stanford professor Larry Lessig, a Thomas Jefferson figure in the information revolution. "So here's what I want to know," he asked. "Why should we tolerate tolerated use?" His point: If you care about free expression and the core reasons for our copyright law—i.e., protecting the artists—why would you put up with a system that makes something like fan art illegal and then tries to ignore the problem? Surely the right answer is to fight for reform of the copyright law: Have the law declare clearly that most noncommercial activities, like fan sites and remixes, are simply beyond the reach of the law.

In a sense, it's simple: laws that are ignored by hundreds of millions of people are, by definition, bad laws.

Update: If you enjoy Tim Wu's article, as I'm sure you will, why not give this rather meatier paper a whirl: it's a fascinating alternative history of copyright, and its "role in the regulation of competing disseminators."

The Dash of OpenMoko

What's Dash?


Dash Express is the smartest Internet-connected automotive navigation system on the road. In fact, it's the first and only navigation system with built-in two-way connectivity. Which means it gets you where you want to go—in the fastest time possible—and delivers the most relevant information—right to your dashboard. Plus, Dash Express is the only device on the market that automatically and wirelessly updates its software and features, so all you have to do is drive.

That's certainly cool, and presages things to come. But what's even cooler?

But when I asked about the hardware, and discovered that it was based on openmoko, the open source linux-based phone infrastructure, my ears really perked up. At bottom, this is a PHONE, and that tells us something very interesting about the future of the phone, with more and more devices with phone functionality that don't actually look or act like phones. It's also a full linux computer. Let your imagination be the guide.

This gives me a whole other perspective on openmoko. I had seen a couple of openmoko phone prototypes, and I thought, these are never going to get the fit and finish of commercial phones. But wow, does the Dash highlight the power of open source, allowing for innovation that you'd never expect.

Watch out for more devices made brilliant with a dash of OpenMoko.

Copyrighting Trees

No, that's not a metaphor (as in social graphs), but literally about people copyrighting trees:

Then there’s the Lone Cypress, a tree along California’s famous 17-Mile Drive. It’s probably the most infamous example of someone trying to exert ridiculous intellectual property rights. They must’ve made it sound like a good idea, though, because it seems that the idea of copyrighting trees is catching on.

And this promotes creativity?

DNA Vu

Now, where have I heard this before?

Today it costs only $300,000 to sequence a person's DNA, and the $100,000 benchmark is in sight. It's an information processing problem, he said. In other words, Moore's Law and genetics are tightly tied. It won't be long before your genome--and your likelihood to get various diseases, live long, be athletic, etc.--will be available in a standard medical test.

The implications for medicine, and its evil twin the insurance industry, are vast. Despite the privacy issues, Venter is in favor of transparency in genomics, so that, for example, you'll be able to "Google a date's DNA," as O'Reilly remarked. Scary? Sure. But "a good idea," Venter said. "Especially if you plan to have children."

Oh yes, I remember:

Consider a not-too-distant future in which personal genomes are readily available. For those with relations affected by a serious medical condition, this will conveniently provide them with any genetic test they need. But it will also offer the rest of us information about our status for these and other, far less serious, autosomal recessive disorders that might similarly manifest themselves in children if we married a fellow carrier.

A bioinformatics program running on a PC could easily check our genomes for all genes associated with the autosomal recessive disorders that had been identified so far. Regular software updates downloaded from the internet - like those for anti-virus programs - would keep our search software abreast of the latest medical research. The question is, how potentially serious does a variant gene's effects have to be for us to care about its presence in our DNA? Down to what level should we be morally obliged to tell our prospective partners - or have the right to ask about?

And just when is the appropriate moment to swap all these delicate DNA details? Before getting married? Before going to bed together? Before even exchanging words? Will there one day be a new class of small, wireless devices that hold our personal genomic profile in order to carry out discreet mutual compatibility checks on nearby potential partners: a green light for genomic joy, a red one for excessive recessive risks?

Given the daunting complexity of the ethical issues raised by knowing the digital code of life in detail, many may opt for the simplest option: not to google it. But even if you refuse to delve within your genome, there are plenty of others who will be keen to do so. Employers and insurance companies would doubtless love to scan your data before giving you a job or issuing a policy. And if your children and grandchildren have any inconvenient or expensive medical condition that they have inherited from one side of the family, they might like to know which - not least, to ensure that they sue the right person.

19 October 2007

Under Slashdot's Bonnet

Everybody knows that Google runs on scadzillions of GNU/Linux boxes, but now we also know the details about Slashdot's Penguin power:

Slashdot currently has 16 web servers all of which are running Red Hat 9. Two serve static content: javascript, images, and the front page for non logged-in users. Four serve the front page to logged in users. And the remaining ten handle comment pages. All web servers are Rackable 1U servers with 2 Xeon 2.66Ghz processors, 2GB of RAM, and 2x80GB IDE hard drives. The web servers all NFS mount the NFS server, which is a Rackable 2U with 2 Xeon 2.4Ghz processors, 2GB of RAM, and 4x36GB 15K RPM SCSI drives.

Impressive what you can do with 16 boxes.

Microsoft's Monopoly: "Indisputably Resilient"

Well, well:

In what appears to be a surprise move, four state attorneys general who previously praised the effectiveness of Microsoft's antitrust settlement with the feds are now changing course.

In a nine-page court filing with U.S. District Judge Colleen Kollar-Kotelly on Thursday, officials in New York, Maryland, Louisiana and Florida said they were joining a group of six states, led by California, and the District of Columbia in calling for extending oversight on Redmond until 2012.

And listen to this:

The New York group's filing centers largely on what it calls the "indisputably resilient" monopoly that Microsoft holds in the operating system realm. The attorneys general said they were "mindful" that Windows' approximately 90 percent market share in client operating systems is not the only test for how successful the antitrust agreement has been. But they added, "the absence of meaningful erosion in Windows' market share is still problematic for the public interest."

What a fine phrase that is: "indisputably resilient". I think I could really get to like using that....

Open Gaming Platform?


Rival gaming systems should make way for a single open platform, a senior executive at Electronic Arts has said.

Gerhard Florin said incompatible consoles made life harder for developers and consumers.

"We want an open, standard platform which is much easier than having five which are not compatible," said EA's head of international publishing.

Well, you've convinced me, squire.

UGC "Principles" - Ugh!

Here's a fatuous little document:

Copyright Principles for UGC Services

Leading commercial copyright owners (“Copyright Owners”) and services providing user-uploaded and user-generated audio and video content (“UGC Services”) have collaborated to establish these Principles to foster an online environment that promotes the promises and benefits of UGC Services and protects the rights of Copyright Owners.

Well, no, actually. All it does is codify the petnulant demands of the media industry, and lay bare their incomprehension of the brave new world in which they find themselves, darkling. There is no quid pro quo for users (except "principle" no. 6: When sending notices and making claims of infringement, Copyright Owners should accommodate fair use. - Well, that's jolly nice of them), and precious little for any "UGC" service that signs up.

The most interesting thing about this utterly pointless exercise in self-delusion is that Microsoft has signed up, and Google hasn't, which speaks volumes about their respective positions as far as "UGC" and the media industries are concerned. Curious, too, that the whole document is marked "©2007 Microsoft Corporation" as if Microsoft had written the whole thing....

Springer Told to Spring Off

Another fine example of a major research institution saying "basta" (or maybe "Es ist genug", since it's the Max Planck Society) to price gouging by scientific publishers:

Following several fruitless rounds of talks the Max Planck Society (MPG) has, effective January 1, 2008, terminated the online contract with the Springer publishing house which for eight years now has given all institutes electronic access to some 1,200 scientific journals. The analysis of user statistics and comparisons with other important publishing houses had shown that Springer was charging twice the amount the MPG still considered justifiable for access to the journals, the Society declared. "And that 'justifiable' rate is still higher than comparable offers of other major publishing houses," a spokesman of the Max Planck Digital Library told heise online.

Open access, here we come.

Likely to Take a Bit of Stick

Well, part of the music industry seems to have got half the message - that it needs to offer something beyond the music that is circulating freely around the Internet. But I don't somehow think that "something" is a USB drive:


Universal Music, the world’s biggest music company, is to release singles on USB memory sticks this month, in an attempt to arrest the decline in music sales.

The Vivendi-owned company plans to charge about £4.99 for USB singles starting on October 29 with releases from piano rock band Keane and Nicole, the lead singer of the Pussycat Dolls. That compares with £2.99 for a typical CD single.

However, the hope is that fans will be willing to pay extra because the extra storage capacity on a USB allows the addition of videos and other multimedia.

Riiiight.

So, they think kids are going to rush out to buy overpriced USBs offering some digital tracks plus a couple of music videos that will be available on YouTube? Hm, can't quite see this, myself.... (Via The Reg.)

Mr. Open Access Made Inaccessible

This is something I've been waiting for: an in-depth interview with Peter Suber, the person who has done more than anyone to drive the open access movement forward. Or as the interview puts it:

Philosopher, jurist, and one-time stand-up comic, Peter Suber is widely viewed as the de factor leader of the open access (OA) movement.

Even better, the interviewer is Richard Poynder, whose praises I have sung on several occasions. Just read the intro to the interview and you'll see what I mean.

Alas, the intro is all that I *can* read. Stuck rather sadly in an earlier and not very successful business model, Richard insists on asking readers of the full interview to make a donation, with $8 the suggested sum. Not unreasonable, given the quality of the interview - at least, I imagine, since I've not read it. But I won't pay it (nor will I cheat and read the interview without paying).

As a fellow freelance journalist, I appreciate Richard needs to make a living, but it's as a struggling freelance journalist (all freelance journalists are struggling by definition, since we never know where tomorrow's commission will come from) that I can't pay out $8 for the pleasure of reading it, much as I'd like to. And I imagine I'm not the only one in this situation (there are doubtless even a few non-journalists who are struggling...)

So here we have the ironic situation that what is probably the best interview with the most important person in open access is not readily accessible. Richard: do change that model, please.

OSA Alert Alert

A few months back I wrote a feature about the importance of making open source apps play nicely with each other. One of the key players here is the Open Solutions Alliance. A good place to find out more about this organisation is its newsletter, whose latest edition has just appeared.

Anime-ting Music Business Models

Here's a characteristically generous post from Andrew Leonard about new business models for music, as practised in Japan:

Once upon a time, a rock band played local clubs, got a record deal, released a single, made an album. Today's up-and-comers license their tunes to video games, movies, cartoons and, of course, commercials.

And, more specifically:

According to Wikipedia, Asian Kung-Fu Generation songs are featured in Nintendo and Konami musical games, as movie themes, and grace the credit sequences for half a dozen anime shows, including "the second opening" for "Naruto" and "the fourth opening" for "Fullmetal Alchemist."

(Via Boing Boing.)

Man! Booker Shortlist for Free?

This could be quite significant:


All the novels shortlisted for the Man Booker Prize could be made available online in a radical move being considered by publishers, it was reported today.

Negotiations are said to be in progress with the British Council to digitise the six shortlisted novels so they can be downloaded in full, all over the world.

It is hoped the initiative will capture new audiences - particularly in Asia and Africa - who may be unable to access the actual books.

Jonathan Taylor, chairman of The Booker Prize Foundation said the details of the plan are still being discussed. But it is thought to be linked to the 40th anniversary of the prize, which will be celebrated next year.

Those behind the venture hope it will boost, rather than detract from sales of the hard copy as readers who download the novel online, may be inspired to buy a paper version for themselves.

It's a brilliant idea - and not just because I've been espousing it for ages. It's brilliant because the Man Booker shortlist is perfect for this kind of approach.

Its books tend to be, er, rather intellectually dense, which means that you really wouldn't want to read an entire novel online. But you most certainly might want to read some of it to find out whether it's your cup of tea. And then, as the article rightly points out, such a scheme is likely to widen the audience for the shortlist books hugely. And of course, if it works for the Man Booker shortlist, others might suddenly see the logic too...

Go for it - seriously, man.

Ballmer Will Buy (Into) Open Source

"We will do some buying of companies that are built around open-source products," Ballmer said during an onstage interview at the Web 2.0 Summit in San Francisco.

A refusal to consider acquisitions of open-source developers "would take us out of the acquisition market quite dramatically," Ballmer said -- a tacit acknowledgment of how thoroughly open-source development has reshaped the software market.

I don't think Steve really realises what he is saying: you can't just buy an open source company, you have to buy *into* the entire culture - it's the only way the company's product can survive. In other words, Microsoft would have to become - if only in part - an open source company, as I've maintained it would for a while, now. (See also Matt Asay's interesting thoughts on who exactly Ballmer might be getting his chequebook out for.)

18 October 2007

A Library of Open Access Digital Libraries

If you're a fan of digital libraries - and, let's face it, who isn't? - you'll find this mega-list useful, especially because:

The sites listed here are mainly open access, which means that the digital formats are viewable and usable by the general public.

That's not to say it's anywhere near complete, not least because it has it's own, self-confessed biases:

This list contains over 250 libraries and archives that focus mainly on localized, regional, and U.S. history, but it also includes larger collections, eText and eBook repositories, and a short list of directories to help you continue your research efforts.

(Via DigitalKoans.)

Stil Rather Crode (Anagram)

I'm as keen as the next son of Albion to support Brit high-tech startups, but it's jolly hard when they insist on wedding themselves to the past rather than embracing the future. Take edocr (durable little meme, that), a new rival to Scribd:

www.edocr.com allows business documents such as press releases, white papers, case studies, product updates, brochures, analyst reports, etc (any .doc and .pdf) to be interacted within the business community.

Hey, chaps, every heard of ODF? Google has, Apple has: seems to be getting quite popular. Maybe time to, er, read around the subject a bit...? (Via TechCrunch.)

Of Open Source, Open Access and Donald Knuth

I often witter on about open access, assuming people know what I'm talking about. But if you'd like a little historical background, try this, which explains why people interested in open source should also be interested in open access:


Like all things that has to do with the Internet, the computer scientists are ahead of the curve in the flight from the old model of scientific publishing.

In probably one of the biggest shocks of the scientific publishing world, in 2003, the entire editorial board of the prestigious Journal of Algorithms resigned en masse. They subsequently re-formed as the editorial board of a new journal with the similar-sounding name of ACM Transactions of Algorithms.

In a sharply worded letter, the co-founder of the journal (and legendary computer scientist) Donald Knuth, explained the reasons for the mass defection. The reason being that Elsevier had been gouging the subscribers of the Journal of Algorithms for years. It had reached the point where the only defense was to bail ship.

Microsoft : Master of All It Surveys

I love Microsoft-sponsored surveys - not for what they purport to tell us, but for what they indicate Microsoft cares about. Here's another one:

In the IT industry, Microsoft and its "ecosystem" of parters are big--on the order of 40 percent of the market. And if any policy makers around the world doubted its influence, it now has the data to prove it.

The software giant commissioned research company IDC to survey 82 countries and measure the economic impact of the IT industry, and Microsoft specifically.

Overall, the results were not surprising, according to Craig Mundie, chief research and strategy officer at Microsoft. IT contributes to economic growth and job growth more than other industries, according to the IDC study.

The study managed to quantify the Microsoft business universe. There are about 14 million people working at companies that touch Microsoft software in some way, either as hardware distributors, services companies, or software developers.

That number represents about 42 percent of the overall IT market, according to the data. Mundie expects that number to stay consistent in the coming years.

The point is obviously to show how jolly important Microsoft is to all those economies, and how governments had better not fiddle with the delicate ecosystem. But of course what this necessarily overlooks is the huge value of the open source ecosystem - difficult to quantify using traditional economics - not least because open source saves people money, whereas Microsoft's ecosystem costs money. This means it looks smaller when it is simply leaner.

17 October 2007

Amazon One-Click Patent Struck Down

Here's an amazing victory:


In a recent office action, the USPTO has rejected the claims of the Amazon.com one-click patent following the re-examination request that I filed on 16 February 2006.

My review resulted in the broadest claims of the patent being ruled invalid.

In its Office Action released 9 October 2007, the Patent Office found that the prior art I found and submitted completely anticipated the broadest claims of the patent, U.S. Patent No. 5,960,411.

I had only requested the USPTO look at claims 11, 14, 15, 16, 17, 21 and 22 but the Office Action rejects claims 11-26 and claims 1-5 as well!

What's particularly remarkable is that this has happened through the dogged perseverance of one individual: Peter Calveley.

Kudos, sir. (Via Boing Boing.)

Job Title of the Week

Red Hat, the world's leading provider of open source solutions, today announced the appointment of Nick Van Wyk to the role of Senior Transformation Executive, in addition to his current role as Vice President, Global Operations.

Senior what?!?? If I had an shares in Red Hat, I'd probably sell them now - they're clearly out of their pram.

WIPO to Wipe Itself Out?

I've written before that WIPO needs to change to reflect the new realities of intellectual monopolies, but it seems the organisation wants to go even further by melting down completely:

Hundreds of employees at the World Intellectual Property Organization, a prominent United Nations agency, have signed a petition calling on WIPO Director General Kamil Idris to put the organisation’s interests before his own in addressing allegations that he misrepresented his age on official documents and possibly engaged in other untoward activities. Idris is under pressure to step down by countries that see him as having lost the ability to lead the organisation.

First the World Bank, now WIPO...who's next?

Apple Supports ODF

At last:

OpenDocument and Word 2007 Formats

Take advantage of TextEdit support for the Word 2007 and OpenDocument formats for reading and writing.

OK, so maybe not huge news in itself, but further evidence that the barriers to ODF are gradually falling. (Via Erwin Tenhumberg.)

Patently Wrong, Mathematically Proved

Well, after yesterday's post about a paper drawing fascinating parallels between today's patent trolls and yesteryear's patent sharks, here's another zinger from academia, one of whose authors has just won this year's Nobel-ish prize for Economics. And look what it says:

the software industry in the United States was subjected to a revealing natural experiment in the 1980’s. Through a sequence of court decisions, patent protection for computer programs was significantly strengthened. We will show that, far from unleashing a flurry of new innovative activity, these stronger property rights ushered in a period of stagnant, if not declining, R&D among those industries and firms that patented most.

We maintain, furthermore, that there was nothing paradoxical about this outcome. For industries like software or computers, there is actually good reason to believe that imitation promotes innovation and that strong patents (long patents of broad scope) inhibit it. Society might be well served if such industries had only limited intellectual property protection. Moreover, many firms might genuinely welcome competition and the prospect of being imitated.

What's interesting about this - aside from the fact that a respected economist is arguing against patents for industries like software, and using maths to prove it - is that the whole idea of welcoming competition so that everyone can build on the communal advances is incredibly close to the underlying dynamic of open source, which gets better much faster because it can always draw on the work of others.

So essentially the result of the paper is that industries like software work better (a) without patents and (b) when they operate according to the open source development model. Imagine. (Via Slashdot.)

Wikimedia Commons Hits Two Million Mark

Hooray for the commons:

Wikimedia Commons, the multilingual free-content media repository managed by the Wikimedia Foundation, reached the milestone of two million uploaded files on October 9, 2007, less than a year after it reached one million. This makes Wikimedia Commons the fastest growing large Wikimedia project. The rapid growth reflects the young age of the project, launched just over three years ago in September 2004. Since March 2007, Wikimedia Commons has routinely had over 100,000 files uploaded every single month. It is now not uncommon for over 5,000 files to be uploaded in a single day. The largest single-day figure so far has been the 9th of September 2007, when a huge 9719 files were uploaded in a mere 24 hours.

(Via DigitalKoans.)

16 October 2007

Microsoft Now Officially Open Source...

..well, some of its licences, at least:

Acting on the advice of the License Approval Chair, the OSI Board today approved the Microsoft Public License (Ms-PL) and the Microsoft Reciprocal License (Ms-RL). The decision to approve was informed by the overwhelming (though not unanimous) consensus from the open source community that these licenses satisfied the 10 criteria of the Open Source definition, and should therefore be approved.

This is surely the right decision: refusal on the grounds that it was Microsoft would have been petty in the extreme - and would have played straight into its hands. Open source is strong enough to welcome Microsoft into the fold, even if it is still something of a black sheep. It will be interesting to see what the company does with its shiny new licences. (Via 451 CAOS Theory - Matthew Aslett's new gig for those who don't already know.)

Why Monocultures are Bad for You

In 1987, the Great Storm struck south-eastern England; one result was the mass destruction of many woodlands:

Because the hill was effectively a monoculture of mature beech trees of a similar age, it did not surprise Mr White that so many were lost in the storm.

Twenty years on, the woods are growing back - some of them naturally, not in a managed way as they were before the storm. The result?

As part of the recovery programme on the hill, the National Trust formed a partnership with English Nature to see what would happen if 50 acres (20Ha) of the 450-acre (180Ha) site was left to recover naturally.

"There is a very high percentage of dead wood in there," Mr White revealed, "which is now home to invertebrates, which birds obviously feed on.

"And the fungi are absolutely magnificent, especially at this time of year. There is a very varied ecology; a mature and advanced ecology."

The lessons for the ecosystem of software will not be lost on readers of this blog....

Parenthetically, I was there when the Great Storm struck. Shortly afterwards, I wrote a cheerful little piece about it, reproduced for your delectation below:

Windy City

Some sat at their desks, fiddling with pencils and paperclips. Others stood in the corridors, dimly lit by the emergency power. With no phones and no electricity, there was nothing to be done. An enormous silence hung over the whole building. Outside, there was a clear blue sky.

Upon waking that morning, it was apparent that something was wrong. The alarm radio had not gone off: its display was dead. Throughout the still house all the electric clocks had stopped at the same moment: 4.34 am; it was as if time had had a heart attack. No light, no hot water, no kettle: the tiny marginal acts of civilisation had been cancelled.

People stumbled into work as if in a trance, more out of habit than from any real sense of necessity. Everywhere there were scenes of destruction: huge trees uprooted, lying stricken across the road. Cars were driven under them with white-knuckled bravado, or gingerly past them, up on the pavement. People milled around, some taking photographs. There were no trains and few buses. An occasional ambulance flashed by.

On the radio the police issued urgent pleas for everyone to stay at home; it was pointless going to work they said. And the radio itself was strangely different. Bulletins were broadcast every ten minutes. The mindless music and vacuous ads had all but stopped. Instead, the catalogue of deaths and disasters, the no-go areas and the helplessness of the authorities were hammered home with a kind of crazy glee. A curious jitter ran through people, as if someone had walked over their collective grave. It felt like the end of the world.

It was the Great Wind of '87. 'The worst weather in 300 years', they said, 'the worst disaster since the war'. The dead, though few, were publicly lamented - so alien to this sanitised world of ours is random, violent death through force of Nature. Everyone felt an aesthetic pang at the sight of centuries of trees laid low in the dust; still majestic like fallen royalty, but doomed and irreplaceable. But most of all people felt themselves chastened, as if they had narrowly escaped something unthinkable. A case of presque-vu.

For winds, albeit of record speeds, had shut down the whole seething, pullulating metropolis of London. No transport, no telephones, and worst of all, no power. Mere air had pulled the plug on late twentieth century civilisation in so comprehensive a manner that people could only stand around and stare impotently. Power and telephone lines were restored after some hours, but the effects of that great wind were felt directly for days after, and the scars would remain for decades.

Imagine, then, a greater wind, an unnatural wind whose very touch is death. After a nuclear explosion, following the huge pulse of radiation, but before the even more horrifying fall-out of radioactive debris, there is a shock wave. That shock wave moves across the land like the Voice of God in the Old Testament: it is swift and terrible and unstoppable. In comparison the Great Wind of '87 will seem a light spring breeze. Looking around at our silent, desolated city, were we not right to be windy?

Apache and the Art of the Press Release

Here's some interesting commentary on my recent post about Apache's declining market share in the Netcraft survey:

The Netcraft numbers are changing for one reason and one reason only: because a very large and powerful entity is doing whatever they can to change those numbers, even if it means creating millions of bogus sites. Even if it means paying registrars large sums of cash to move their parked domains over to IIS. Anything. It is of prime importance for them to be able to "beat" Apache, and we are seeing the result. People aren't switching to IIS. Companies aren't switching to IIS. Hosts aren't switching to IIS. At least not for technical reasons. MS needs this marketing success. It needs to "prove" that IIS is beating Apache and, by logical conclusion, MS is better than Open Source. Can't we all already predict what the press release will say? So with something so important on the line, and with a survey that can now be easily fudged, the battle call is "Change Netcraft!"

Of course, the graph itself makes it clear that on a certain day Microsoft decided: we will overtake Apache, cost what it may. But my point stands: whatever dirty tricks Microsoft may use to achieve that goal, it doesn't matter - it's too late.

The same post also links to this alternative web survey, by Security Space, where Apache still dominates utterly.

A Historic Idea: How to Deal with Patent Trolls

Do not miss this fascinating paper, which looks at spooky parallels between today's patent trolls, and what were called "patent sharks" in the 19th century - people who bought up (agricultural) patents purely with a view to extracting money from hapless and helpless victims. Even better than the historical parallels are the lessons to be learned:

The chief lesson that emerges from this comparison is that certain types of patents are more vulnerable to trolls than others. Opportunistic licensers flourish when there is a large gap between the cost of getting a patent and the value that can be captured with an infringement action. This sort of arbitrage is likely to occur when: (1) those being sued cannot easily substitute away from the disputed technology; (2) the average scope of improvements in the industry is incremental, which makes the outcome of infringement litigation hard to gauge; and (3) the cost of acquiring and retaining patents is low. Farm tools and modern tech patents share this set of traits, albeit for different reasons, and hence they suffer at the hands of trolls more than other types of patents.

The other lesson that can be drawn from the Gilded Age experience is that the flood of opportunistic litigation cannot be stemmed through substantive changes in patent rights. First, industries unaffected by trolls view these proposals as harmful to their rights and lobby hard against them. As a result, every effort to address the issue through a comprehensive solution has failed in Congress. Second, since trolls and sharks succeed as long as they reach settlements, a substantive solution will be ineffective because most of these cases never get to court. So long as there is some uncertain chance that an infringement suit will succeed, defendants will tend to settle. In the nineteenth century, Congress eliminated this risk by wiping out the patents that were fueling opportunistic litigation. This suggests that abolition may be the only solution for modern trolls, at least with respect to patents for business methods and software.

Yup: make business methods and software patents history.... (Via TechDirt.)

New York Goes Green With Shame

Not really my patch, but I'd expected better from NYC:

But the market for Ipé wood drives much of the industrial logging of the entire Amazon, and has increased dramatically in the past 20 years. An emergent flowering tree, which peppers the canopy of the Amazonian rainforest in hues of pink, magenta, yellow and white, Ipé grows in the rainforests at densities of only one or two trees an acre. This means that vast areas of the forests are razed to the ground to feed the market for a single tree. It is estimated that, for every Ipé tree cut, 28 other trees must be cut and are thrown away. For New York City's 10 miles of boardwalk alone, over 110,500 acres (130 square miles) of old growth Amazon rainforest were logged.

Even more shocking, most of this logging is illegal. According to Scott Paul, Greenpeace forest issues specialist, in 2006 90 percent of Brazilian deforestation was the result of illegal logging operations. Many logging businesses are run by criminal syndicates and compliant government officials. This fact is hardly a secret: In 2000, the Brazilian government's own estimates indicated that 80 percent of the hardwood exported from that country was illegally harvested. Briefing papers prepared by Rainforest Relief about the criminality and environmental impact of the city's wood procurement policies were provided to the Bloomberg administration.

But despite rampant illegality, climate change and mass extinction, Bloomberg's administration persists in procuring wood from tropical rainforests. And it is not just the Parks Department, but a number of city agencies which have largely ignored proposals for existing economically and environmentally sound alternatives.

This, surely, is a case ripe for blogosphere noise. (And yes, I know Blog Action Day was yesterday, but better late than never.)

BBC iPlayer: Converted in a Flash

Well, here's an interesting confluence of two of my pet hates:

By adopting Adobe Flash Player software, the BBC will make its free catch-up TV service — BBC iPlayer — available as a streaming service across Macintosh and Linux, as well as Windows, by the end of the year. The strategic relationship will also allow the BBC to provide a single consistent user experience for the majority of streamed video and audio content on www.bbc.co.uk.

Note that this is only for the streaming service: downloads are still Windows only. Still, it's a neat partial solution for GNU/Linux. Not only that, it emphasises an interesting shift that has taken place with Flash.

Once, Flash seemed to be used only for serving up annoying ads or time-wasting games. But increasingly it's turning into the cross-platform media player of choice, a job it does rather well, I have to admit. And so I'm forced to concede that Flash might not be quite so evil as it once was.

How to Sell Books

I've written before about how those selling content need to pay more attention to the packaging; it looks like the Vatican has got the message:


The Vatican's Secret Archives, one of the world's great repositories of historical documents, is selling a limited edition of 800 numbered copies of the Chinon parchment.

It is printed on synthetic parchment, comes complete with a reproduction of the original papal wax seal, and is packaged in a soft leather case together with a scholarly commentary.

Each copy will cost just over 5,900 euros ($8,000; £3,925).

Update: Here's an interesting, and rather less flippant, post exploring the same idea (Via Open Access News.)

13 October 2007

BBC News Goes Offline; A Lightbulb Goes On

I too noticed that Auntie was off making the tea, yesterday:

For several hours on Thursday afternoon, the front page of the BBC News website was slow to respond, sometimes displaying error messages. Other sections of the site were also affected at various times during the afternoon.

It's a rare event and it caused some comment on technical websites, and also theories about what might have happened - was the BBC changing its webserving providers? Was it a redesign problem? Was it "computer gods punishing us for iPlayer"?

Ah, self-knowledge is a wonderful thing.

Is Apache About to Get Scalped?

Certainly looks like it:

Apache loses 2.8% share this month, partly through the strong growth at the major blogging systems, and partly due to 2.5 million domains on Apache expiring at trouble-free.net. Apache has around a 10% market share advantage over IIS now, which is the smallest gap between the two since IIS was launched in 1996.

The only consolation is that Apache's job is done: it has the shown the way. Today, if necessary, we can live without Apache as an example of how Microsoft can be beaten in a market, because the total open source story is now so strong.