A Privacy Disaster Waiting to Happen

I was already teetering on the brink of opting out of the NHS patient database; this just pushed me over:

A new national database of confidential patient records is being opened to access by NHS staff who need no professional qualifications - despite official assurances that records will only be accessed by specialists who are providing care or treatment.

A document obtained by Computer Weekly under the Freedom of Information Act also provides evidence that NHS Connecting for Health - which runs part of the £12.4bn National Programme for IT [NPfIT] - has quietly decided to weaken assurances given to patients about the confidentiality of records.

Doctors are angry because they say that patients were given an assurance that non-clinical staff would be unable to access the national summary care record database which is being trialled at NHS trusts in various parts of England.

Flash of Inspiration

One of the many flashes of insight that the Asus Eee PC has provided me with is that DVDs are dead. The Eee PC has no CD/DVD drive, but lets you plug in both USB drives and flash memory of suitably capacious volumes: who needs spinning bits of plastic when you can have totally poised transistors doing the work?

It seems someone else has had the same flash of inspiration:

AN IRISH OUTFIT, PortoMedia, is to open kiosks at which people can download the latest films straight onto a flash memory card in less than a minute.

The kiosks, in shopping centres or stations, will have up to 5,000 films available for rent or sale using a PIN number.

All punters need do in order to buy or rent a flick is to plug in their memory device, a key bought from the company resembling a standard USB, enter a PIN code, and then when they arrive home, connect the device into a dock attached to their TV and hey presto! Movie madness!

Galway-based PortoMedia reckons that a standard-definition film can be transferred to the card in 8 to 60 seconds, depending on the feature's length and the chip's speed.

Visible Body - Visibly Stupid

Here's a great idea:

Features:

*
Complete, fully interactive, 3D human anatomy model
*
Detailed models of all body systems
*
Dynamic search capability
*
Easy-to-use, 3D controls
*
Seamless compatibility with Internet Explorer

Scratch that "great idea," bit, here's a *stupid idea*: only Internet Explorer.... I thought this kind of suicidal shortsightedness went out in the 1990s. After all, who cares that Firefox has nearly 50% market share in some European countries?

The Rise and Rise of Mozilla

On Open Enterprise blog.

The (Intellectual Monopoly) Empire Fights Back

I've chronicled how WIPO is beginning to shift towards some semblance of fairness when it comes to intellectual monopolies. This is clearly bad news for those that have used WIPO to impose all kinds of unfair regimes on developing countries. It seems those forces of monopoly murkiness are fighting back - dirtily:

The World Customs Organisation is recommending far-reaching new rules on intellectual property rights that some say may extend beyond the organisation’s mandate.

Staff at the WCO’s Brussels headquarters are preparing what they describe as voluntary ‘model legislation’ to provide guidance on how IP rights can be upheld at border posts.

While they are hoping that the model will be approved by the 171-country body in June, representatives of developing countries were meeting this week to address concerns raised by Brazil over the proposal’s likely breadth.

Brazil is perturbed by a WCO recommendation that customs authorities need to be conferred with powers and be able to take measures that are additional to those set out in the key international accord on IP issues: the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS does not oblige its signatories to introduce border control measures relating to exports or goods in transit.

During discussions in February, Brazil argued that a WCO working group known as SECURE (Standards to be Employed by Customs for Uniform Rights Enforcement) had no mandate to alter the international legal framework on intellectual property.

I'm sure they won't let a little detail like having "no mandate" get in the way....

Amazon the Bellwether

On Open Enterprise blog.

Really Googling the Genome

When I wrote a piece for the Guardian four years ago called "Googling the Genome", it was more of a metaphor than a specific warning about Google rummaging through your DNA. But it's a metaphor no more:

A Harvard University scientist backed by Google Inc. and OrbiMed Advisors LLC plans to unlock the secrets of common diseases by decoding the DNA of 100,000 people in the world's biggest gene sequencing project.

The *first* 100,000 people, I think they mean....

Japan Falls Back on the "Terrorist" Trope

Godwin's Law states:

"As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one."

I'd like to propose Moody's Law as a variant:

"When governments can't come up with a real argument, they invoke terrorism."

And here we have it from the Japanese authorities:

Die Auseinandersetzung zwischen japanischen Walfängern und Tierschützern ist erneut eskaliert: Die Organisation Sea Shepherd hat ein Walfangschiff mit Buttersäure beworfen. Die Aktivisten sprechen von harmlosen Stinkbomben, Japans Regierung von einem Terrorangriff.

[The confrontation between the Japanese whalers and animal rights activists has escalated again: the Sea Shepherd Organisation has thrown Butyric Acid at a whaling ship. Activities speak of "harmless stinkbombs", the Japanese government of a "terror attack."]

What Planet Are They On?

First there were RSS feeds, but that soon became too messy. So people have bundled up similar feeds into planets - clever. Here's one of the latest: Planet Creative Commons

This page aggregates blogs from Creative Commons, CC jurisdiction projects, and the CC community.

If nothing else, it will give you a chance to practise your Slovenian.

Microsoft's Finances

Much of Microsoft's power - particularly the kind used in bluffing - flows from an unwritten assumption that it is a huge, vastly-profitable company, with almost limitless resources. The limitless resources bit will certainly change if it acquires Yahoo, since it has admitted that it will need to borrow something like $20 billion to finance that transaction. But there is increasing evidence that even without that gargantuan meal to pay for, Microsoft's financials are not as rosy as they seem.

One of the most assiduous followers of this angle is Roy Schestowitz. The only problem has been that his posts on the subject have been running for so long that there is something of a rat's nest of links to follow on on his site if you want to see the big picture.

Happily, he has just put together a consolidated piece that links to all the main pieces of the puzzle:

Here is a summary of about half of our posts which cover this area. To make them digestible (readable without having to follow the link), a summary of references (external) and key points are provided for each.

Worth keeping an eye on.

Bruce Schneier Knows Alice and Bob's Shared Secret

I want one, too.

Elonex One Sighted

So now there's a Web site with some details.

Also worth taking a look at is this BBC video. One thing I noticed was the little stand to prop the macine up: this doesn't surprise me, since it looks slightly top heavy with its big screen and thin keyboard.

It's obviously slightly underpowered compared to the Asus Eee PC, but may well be "good enough", especially for the education market. I hope it does well, not least because it's innovative.

Microsoft's New Meme: "Marketplace Relevance"

Well, you can probably guess what Microsoft's Jason Matusow writes in his post about the Geneva BRM from the headline:

The Open XML Ballot Resolution Meeting (BRM) Was An Unqualified Success

That, of course, was to be expected. But what interests me is a new Microsoft meme that seems to hint at how they will try to play this going forward:

ISO/IEC standards are not only technically sound, but they should also be relevant to the marketplace.

* DIS 29500, as improved through the rigorous review of the past year and the decisions made by delegations during the BRM, is a specification that meets both bars of technical quality and marketplace relevance.
* Independent implementations of the specification are already available on most major operating systems platforms and in hundreds of applications. The statement that Open XML is about a single vendor is specious and empirically false.
* Open XML has brought more attention to, and interest in, international standardization than any specification in the history of the ICT industry. The reason for this is simple - greater openness in all document formats (not just Open XML) is a good thing for everyone. There is general recognition that there will be broad adoption of this format around the world. Open XML delivers on that promise and is part of the rich ecosystem of open document formats that are driving this issue forward.
* At the end of the day, customers should be able to choose the format(s) that best meet their needs and should not be told which technology to use. Open XML, as improved through the hard work of national bodies over the past year, is an attractive alternative for them.

This seems to be preparing the ground for an eventual rejection of OOXML. The line would be well, being an official ISO standard isn't *so* important: what matters is "marketplace relevance". And we all know what that means: just keep that status quo rolling...

Geneva BRM Vote Result: It's Clearly "Zlthoy"

If anyone can make sense of what happened this week in Geneva during the BRM process it's Andy Updegrove. He has an unrivalled grasp of both standards in general and the specific background to the whole sorry business. So the fact that I don't really understand his post of what exactly the final result of the meeting was is a worrying indication that my brain has started to rot.

Here's the summary:

There are two ways in which you may hear the results of the BRM summarized by those that issue statements and press releases in the days to come. Perhaps inevitably, they are diametrically opposed, as has so often happened in the ODF - OOXML saga to date. Those results are as follows:

98.4% of the OOXML Proposed Dispositions were approved by a two to one majority at the BRM, validating OOXML

The OOXML Proposed Dispositions OOXML were overwhelmingly rejected by the delegations in attendance at the BRM, indicating the inability of OOXML to be adequately addressed within the "Fast Track" process

Oh, thanks, Andy. I think what I'm looking for here is a kind of Hegelian synthesis of those two contradictory statements.....

On Being Open

Interesting thoughts from Cory Ondrejka on the virtues of telling people what you're doing when you start a new company, rather than trying to keep everything secret:

It may seem slightly counterintuitive, but once you noodle on it a bit, being open is a tremendously positive and competitive move. It forces your ideas to survive far broader scrutiny, makes it easier to hire, and lets your early employees do what they want to be doing anyway: brag about their cool, new company.

He also makes another crucial point:

It’s similar to considering how to talk about competitors. Sure, having enemies can be motivational and useful when you are getting started, but you and your competitors are collaboratively shaping the landscape for your new companies. Spending time publicly bashing them makes you look like an ass and hurts your ability to work together down the road. It is rare for any sector to be winner-take-all – even eBay has competitors – and multiple, high-quality products in a space can help ensure the overall business grows far quicker than any one company could on its own.

Such "bashing" is much rarer in the open source world, since everyone is effectively working together - the code is open, after all. Your competitor is also your collaborator, since ideas - and even code - can generally flow freely between you.

Microsoft Using NGOs in India to Lobby for OOXML?

If this is true - and I have no reason to think it isn't - then I predict that it will come back to bite Microsoft very badly one day:

Mail from Microsoft India's Corporate Social Responsibility group to the NGO

As per our discussion please find attached the draft letters -­ please cut/edit/ delete and change it any which way you find useful. Also attached is the list of NGOs who have sent the letters. And attached is also a document that details wht (sic) this debate is all about. Look forward to hear from you in this regard. In case you decide to send the letters, can you please send me a scan of the singed (sic) letters that you send out. Thanks this will help me track the process.

Thanks

Form letters on OOXML sent by Microsoft to NGOs

To

Mr. Jainder Singh, IAS
Secretary
Department of IT
Ministry of Communications & IT,
Electronics Niketan
CGO Complex
New Delhi - 110 003

Respected Sir

Please write a paragraph about your organization

Please paraphrase "We support OXML as a standard that encourages multiplicity of choice and interoperability giving us the ultimate consumer the choice. * recognizes that multiple standards are good for the economy and also for technical innovation and progress in the country, especially for smaller organizations like us, who require choice and innovation"

Please write about your work

Please paraphrase "*** also supports OXML as this does not have any financial implications thus releasing our resources for welfare and development of society."

Thanking You

Yours Faithfully

Name Designation

(Via Open Source India.)

Do You Dare to Brainstorm?

On Open Enterprise blog.

Sounding Off Against Sound Copyright

Talking of petitions, here's one against extending the copyright in sound recordings, open to anyone. It includes the following excellent summary of what we're fighting for:

Copyright is a bargain. In exchange for their investment in creating and distributing sound recordings to the public, copyright holders are granted a limited monopoly during which are allowed to control the use of those recordings. This includes the right to pursue anyone who uses their recordings without permission. But when this time is up, these works join Goethe, Hugo and Shakespeare in the proper place for all human culture – the public domain. In practice, because of repeated term extensions and the relatively short time in which sound recording techniques have been available, there are no public domain sound recordings.

This situation is about to change, as tracks from the first golden age of recorded sound reach the end of their copyright term. The public domain is about to benefit from its half of this bargain. Seminal soul, reggae, and rock and roll recordings will soon be freed from legal restrictions, allowing anyone (including the performers themselves and their heirs) to preserve, reissue, and remix them.

Major record labels want to keep control of sound recordings well beyond the current 50 year term so that they can continue to make marginal profits from the few recordings that are still commercially viable half a century after they were laid down. Yet if the balance of copyright tips in their favour, it will damage the music industry as a whole, and also individual artists, libraries, academics, businesses and the public.

The labels lobby for change, but have yet to publicly present any compelling economic evidence to support their case. What evidence does exist shows clearly that extending term will discourage innovation, stunt the reissues market, and irrevocably damage future artists' and the general public's access to their cultural heritage.

As Europe looks to the creative industries for its economic future, it is faced with a choice. It can agree to extend the copyright term in sound recordings for the sake of a few major record labels. Or it can allow sound recordings to enter the public domain at the end of fifty years for the benefit of future innovation, future prosperity and the public good.

Everyone Loves an Open Source Hacker

On Open Enterprise blog.

End Software Patents Now!

One of the most remarkable - and heartening - changes in recent years has been in the attitude to software patents. Until a few years back, there was a certain fatalism regarding these particularly pernicious intellectual monopolies, as if they belonged, with death and taxes, to the inevitable and immutable. But people have started fighting back, both in terms of seeking to have patents revoked, and trying to get the entire category abolished.

The latest manifestation of this is the End Software Patents site:

Every company is in the software business, which means that every company has software liability. We estimate $11.4 billion a year is spent on software patent litigation (see our resources for economists page), and not just by Microsoft and IBM—The Green Bay Packers, Kraft Foods, and Ford Motor are facing software patent infringement lawsuits for their use of the standard software necessary for running a modern business.

Software innovation happens without government intervention. Virtually all of the technologies you use now, was developed before software was widely viewed as patentable. The Web, email, your word processor and spreadsheet program, instant messaging, or even more technical features like the psychoachoustic encoding and Huffman compression underlying the MP3 standard—all of it was originally developed by enthusiastic programmers, many of whom have formed successful business around such software, none of whom asked the government for a monopoly. So if software authors have a proven track-record of innovation without patents, why force them to use patents? What is the gain from billions of dollars in patent litigation?

Best of all on what is sure to become one of the central sites in the fight against patents, are the resources. Even though I follow this area closely, I was amazed at just how much hard evidence there is that software patents are harmful from just about every point of view. Victory just got closer.

Google Sites – Not Your Father's JotSpot

On Open Enterprise blog.

WaveMaker Visual Ajax Studio Goes AGPL

On Open Enterprise blog.

Not That They're Desperate or Anything

In what may be an unprecedented decision, Microsoft said Thursday that it plans to lower the retail prices for several flavors of Windows Vista.

For those in the U.S., Microsoft is cutting prices only on the higher-end versions of Vista, and only for the upgrade version used to move from an earlier copy of Vista. The suggested price for Vista Ultimate drops to $219 from $299, while Home Premium falls to $129, from $159.

A dog is still a dog, even it costs less.

Just How Healthy Will Google Health Be?

Ah, yes, Google Health:

Due to the sensitive and personal nature of the data that will be stored in Google Health, we need to conduct our health service with the same privacy, security, and integrity users have come to expect in all our services. Google Health will protect the privacy of your health information by giving you complete control over your data. We won't sell or share your data without your explicit permission. Our privacy policy and practices have been developed in thoughtful collaboration with experts from the Google Health Advisory Council.

All highly laudable.

So what happens when somebody turns up on Google's doorstep with a warrant, demanding information about an individual? Presumably, it will fight. And what happens when somebody *doesn't* turn up on Google's doorstep with a warrant, but just wants a quiet chat about the records of someone who is - because the US government says they are, but can't reveal the details because it's a state secret - a terrible wicked evil terrorist, and anyway has a funny-sounding name? Will it fight for them, too?

Why Microsoft's New EU Fine is Just Fine

On Linux Journal.

We 'Umbly Petition....

I'm not sure that these e-petitions do any good, but since they exist, it seems churlish not to use them. Here's another one Brits may be interested in signing:

We the undersigned petition the Prime Minister to not force internet service providers to act as legal representatives for the RIAA and be treated like a common courier.

I think they meant "not to force" and "carrier", but I doubt Gordon's going to be paying that much attention....

What Windows Server 2008 Learned from OSS

Fascinating stuff from Microsoft's Sam Ramji:

When I think about what works really well in open source development and technology, the following things stand out:

* Modular architectures
You can find these wherever you see participation at scale – and often a rearchitecture to a more modular system precedes expanded participation. Great examples of this are Firefox, OpenOffice, and X11 – from both the historical rearchitecture and the increased participation that resulted. The Apache HTTP server and APR are good examples that have been modular for as long as I can recall.

* Programming language agnostic
A given project uses a consistent language, but there are no rules on what languages are in scope or out of scope. Being open to more languages means opportunity to attract more developers – the diversity of PHP/Perl/Python/Java has been a core driver in the success of a number of projects including Linux.

* Feedback-driven development
The “power user” as product manager is a powerful shift in how to build and tune software – and this class of users includes developers who are not committing code back, but instead submitting CRs and defects – resulting in a product that better fits its end users.

* Built-for-purpose systems
Most frequently seen in applications of Linux, the ability to build a system that has just what is needed to fulfill its role and nothing else (think of highly customizable distributions like Gentoo or BusyBox, as well as fully custom deployments).

* Sysadmins who write code
The ability of a skilled system administrator to write the “last mile” code means that they can make a technology work in their particular environment efficiently and often provide good feedback to developers. This is so fundamental to Unix and Linux environments that most sysadmins are competent programmers.

* Standards-based communication
Whether the standard is something from the IETF or W3C, or simply the implementation code itself, where these are used projects are more successful (think of Asterisk and IAX2) and attract a larger ecosystem of software around them.

What's interesting about this is not that it's astute analysis - which it is - but that Ramji doesn't mind making it public while admitting that Windows is learning from open source. Of course, it would be stupid not to, but it's nonetheless an important sign of how things are finally changing at Microsoft that it's prepared to trumpet the fact - and of the irreistible rise of the open source way.

Privacy Trumps Copyright in EU?

This could be big:

Today the German Constitutional Court decided that the state may not engage in surreptitious surveillance of information technology systems. The case, a constitutional complaint against a law permitting such surveillance by intelligence services, was decided on the basis of a new human right in the confidentiality and integrity of information technology systems.

...

The decision may have a dramatic impact in relation to the constitutionality of protected rights management information systems deemed to protect copyright. Where a supplier of copyright works manipulates data stored on a customers computer, or where personal data are being collected in order to allow the right holder to trace the use of works supplied online, it appears that if the customer can invoke the new right there is little left to argue for right holders that such means are necessary to protect copyright.

Now let's watch this ripple through the European Union until it reaches that nice Mr Brown and his plans to get heavy with ISPs over alleged copyright infringements on their networks....

MySQL's Disappearing Anti-Patent Page

Here's a troubling observation:

Go to the MySQL Web site and try to click on the MySQL anti-software patent page, and you won't find it. It's the other shoe dropping as MySQL today became part of Sun Microsystems, which like the rest of the commercial software and services industry, considers software patents a necessary evil.

Let's hope this isn't part of a larger trend at the new MySQL....

Free As in ...."Free Love"?

Techdirt's Mike Masnick pointed to yet another exploration of free as a business model. It's called "Free Love":

which is all about the ongoing rise of 'free stuff', and the brands already making the most it. Not to mention the millions of consumers who are happily getting into a free-for-all mindset. Yes, expectations are being set. Absorb and apply!

In fact, this is probably the best round-up to date of all the different kinds of free business models. It had all the ones I had come across, and many I hadn't.

Mike concludes his post with an excellent - and self-referential - point:

It's neat to see all of these different things come out at the same time -- once again highlighting the concept that ideas generally aren't formed in a vacuum. The trends that resulted in so many people recognizing the same thing at once are all around us. Yet, if we believed in the world where artificial scarcity rules, then we'd be focused on who "owned" this concept and who got the rights every time someone else mentioned it. That, of course, would be silly. By allowing so many different people to express these concepts, not only do we all get to see different perspectives on the same concept, but we get to learn from each other and build on these ideas.

Peace, man.

Hardware's Race to the Bottom

I've written several times about the importance of the Asus Eee PC; here's another way of looking at it:

At Sony's annual Open House event, Sony's IT product division senior vice president Mike Abary said if the Asus Eee PC starts to do well, it could potentially shift the entire notebook industry into a race to the bottom.

If mainstream PC buyers start to find their needs met by a lightweight, simply featured, inexpensive portable, it's likely to impel all of the major players in the industry to pile on by lowering their prices.

This, of course, is precisely what open source has done to proprietary code, so it's interesting to see the same happening to hardware, again driven by free software.

The Council of the EU is Barking

Want some amusement? Try this, which comes from the Council of the EU:

In order to succeed in the transition to a highly competitive knowledge economy, the European Union needs to create a "fifth freedom" - the free movement of knowledge. Member States and the Commission are invited to deepen their dialogue and expand their cooperation in order to further identify and remove obstacles to the cross-border mobility of knowledge.

Now, the easiest and most obvious way of removing "obstacles to the cross-border mobility of knowledge" would, of course, be to mandate open access.

Of which there is no mention whatsoever in said communication. (Via Open Access News.)

Broadcast Treaty Threatened Again

This idea died at WIPO, and should now be laid to rest with the canonical stake through its heart:

in view of a standstill in WIPO (World Intellectual Property Organisation) negotiations on a convention on neighbouring rights of broadcasting organisations, the Committee of Ministers has asked the Council of Europe body entrusted with developing standards on freedom of expression, media and new communication services - the Steering Committee on the Media and New Communication Services (CDMC) - to take stock of the situation and, if justified, to elaborate a draft Council of Europe convention designed to reinforce the protection of those rights (near copyright of broadcast signals). Such a convention would add to existing Council of Europe instruments on this and related subjects, which include a number of recommendations and declarations as well as a 1994 convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite and the 2001 convention on the legal protection of services based on, or consisting of, conditional access.

(Via IP Justice.)

Open Enterprise Interview: Ivo Jansch

On Open Enterprise blog.

The Chumby Era Begins

Today is a Chumbylicious day:

Chumby Industries announced today the public launch of the chumby, its much-anticipated compact consumer Internet device that enables people to receive a constant personalized broadcast of their favorite parts of the Web. The chumby device is currently available in the U.S. at www.chumby.com for $179.95 including shipping.

A little bigger than a coffee cup, the Wi-Fi connected chumby provides people with a fun, hassle-free way to enjoy what they want most out of the Internet at a glance and wake up to thousands of different streaming Internet radio stations, custom "alarm tones," videos and more. With a large and growing base of content from the Internet, including the latest news, weather and entertainment, as well as the ability to share photos, widgets and e-cards with family and friends, the chumby is one of the most versatile and lifestyle-friendly Internet enabled devices on the market today.

One reason why it is so versatile is that it runs GNU/Linux and is designed to be hacked. Here's what Linux Journal had to say on the subject:

“Chumby Industries was formed by hackers who wanted to create something interesting, useful and different. The starting point was the humble clock radio”, its creators explain. Since then, Chumby has evolved from a clock in a cushion to an Any-purpose Net-native Linux device. That's any with a capital A, because the Chumby is built to be hackable at every level, including the physical. Not only does it sense motions and squeezings, but it also hosts an assortment of charms, through its “outerware API”. The charms and much more about the Chumby were designed by Susan Kare (who designed the original desktop icons for the Macintosh and Windows, among too many other things to mention). Susan is Creative Director for Chumby. The company might be cuddly, but it means business too.

And if that's not enough, one of the founders of Chumby is Bunnie Huang, ace hardware hacker. I'm sure that the Chumby will not only be hugely successful, but will spawn an entire industry of configurable consumer widgets.

The only blemish is that you can't currently buy the Chumby outside the US.....

All A-Twitter About Open Source

Here's a clever idea. For those - like myself - who don't Twitter, but want to keep up with the Twittersphere, Raven Zachary has put together a consolidated feed of some of the main open source Twitterers:

To highlight open source activity on Twitter, I have launched a new web application today called The Pulse of Open Source. This is the stream of collective consciousness from the open source community on Twitter. You can follow this stream by simply bookmarking the site and visiting regularly or by adding the RSS feed to your feed reader. You can also create a Twitter account and add the individuals you’d like to follow to your own Twitter friends list if you’d prefer. There is also a mobile version of the site for on-the-go viewing.

I particularly like the fact that I can subscribe to an RSS feed, which justs adds to flow of info that sloshes down every few minutes.

OOXML: "Insufficient and Unnecessary"

Google is pretty careful not to poke the Redmond behemoth too publicly, but apparently it couldn't resist over the upcoming OOXML vote:

Currently, the technology industry is evaluating a proposed ISO standard for document formats. Given the importance of a workable standard, Microsoft's submission of Office Open XML (OOXML ) as an additional international standard has caught the attention of many. In September 2007, the original request to ISO was defeated. After further technical analysis of the specification along with all the additional data available on OOXML, Google believes OOXML would be an insufficient and unnecessary standard, designed purely around the needs of Microsoft Office.

Still Not Learning from Past Experience

The intellectual monopolies lord giveth, and the intellectual monopolies lord taketh away:

Blackboard has prevailed in an e-learning patent dispute against Desire2Learn. A federal jury in Lufkin, TX made the determination Friday afternoon, following a two-week trial. Blackboard was seeking $17 million in lost revenue, as well as an injunction against the company, which is based in Canada.

As you may recall, Blackboard is claiming a ridiculous broad patent on a wide range of obvious ideas:

A system and methods for implementing education online by providing institutions with the means for allowing the creation of courses to be taken by students online, the courses including assignments, announcements, course materials, chat and whiteboard facilities, and the like, all of which are available to the students over a network such as the Internet. Various levels of functionality are provided through a three-tiered licensing program that suits the needs of the institution offering the program. In addition, an open platform system is provided such that anyone with access to the Internet can create, manage, and offer a course to anyone else with access to the Internet without the need for an affiliation with an institution, thus enabling the virtual classroom to extend worldwide.

(Via Techdirt.)

An Open Marriage Made in Heaven?

Maybe Microsoft and Yahoo *are* made for each other. After all, both seem to have got the hots for openness - first Microsoft, and now Yahoo:

"Yahoo Buzz is a good example of how we are continuing to innovate and open up our key starting points to third party publishers, making Yahoo! more social and personally relevant for our half a billion consumers," said Jeff Weiner, executive vice president, Yahoo! Network Division. "In addition, we recently announced that we will be opening up our user interface for Yahoo! Search, as well as creating a smarter inbox by opening up Yahoo! Mail, two other key ways that consumers start with Yahoo!."

Unfortunately, I'm with Hamlet on this one: words, words, words. (Via Mashable.)

Patents to Stifle Competition? - Surely Not

Another judge gets it:

A federal judge recently got so infuriated by the conduct of two highly regarded trial attorneys that he overturned a jury's $51 million verdict, then ordered the lawyers to pay the fees and costs of the opposing lawyers, a sum that could total several million dollars.

U.S. District Senior Judge Richard P. Matsch sanctioned attorneys Terrance McMahon and Vera Elson of the firm McDermott, Will and Emery, of Chicago and San Francisco, for "cavalier and abusive" misconduct and for having a "what can I get away with?" attitude during a 13-day patent infringement trial in Denver.

He ruled that the entire trial was "frivolous" and the case filed solely to stifle competition rather than to protect a patent.

(Via Slashdot.)

Get a Life? - Get a Clue

I came across the following at the weekend:

Speaking at a Microsoft-hosted event, analyst David Mitchell revealed he used to lecture police on riot control, before eventually becoming the senior vice president of IT research at Ovum. "I thought I would never come back to talking about riot control until I got into the Open XML debate," he claimed.

Mitchell said that people involved in riots fell into two camps: "decent orderly protestors and nutters", and claims that both are participating in the OOXML process. "There are a number of comments that are decent technical debate," he said. "There's also a fair amount of radical activists who are protesting just to cause disruption."

"I feel like getting hold of people and saying 'get a life'," he adds. "It's only a document format. It's just got too silly."

Only a document format?!? How can someone who's supposed to be an analyst be unaware of the larger issues? Document formats are the offline equivalent of HTML, and openness is just as critical off as on the Web. To say that "it's only a document format" misses the point entirely.

Having boiled up a nice vat of invective, I was going to lay into this wrong-headed thinking at some length, when I came across this post by Andy Updegrove, which is not only one of his best, but I would venture that it is also one of his most important. It says more less exactly what I was going to say, only rather better:

It should not go unmentioned that the stakes for society are even higher than I have thus far suggested, because the questions raised above extend beyond the field of ITC [information technology and communications]. Standards of equal importance are urgently needed in other areas as well. These will have as profound an impact on commerce and the human condition in areas such as global warming, and will tell us what we can and cannot do except at our peril, how we will determine whether we are winning or losing that battle, and how we can police ourselves from subjecting ourselves to further environmental degradation.

So it is we see that what happens in Geneva this week is about far more than whether Microsoft wins and IBM and its allies lose or vis-versa, even if that will be the superficial result. It is about fundamental human rights, about not only seizing but also securing the opportunities of the future for the benefit of all. Only by thinking clearly and deeply about these larger issues will we be able to adapt the practices of the past to meet the challenges of a future that has already arrived, whether we realize it or not.

Adobe Opens Up (A Bit)

On Open Enterprise blog.

Madness: ATMs Running Windows XP?

How stupid can banks get?

A white paper by security services company Network Box has said ATM's are less secure because of changes to the way they operate. It said that 70 per cent of current ATMs are essentially PCs running PC operating systems like Windows XP. This makes them more susceptible than when ATMs were mainly built with proprietary software and communication protocols.

...

"If [the banks] have got Windows XP-based ATM's then this is obviously something which is a concern. We don't want our details sent in plain text. The current firewall protection is not sufficient and they need to look seriously in how to rectify this so there isn't a breach," said Heron.

So *that's* why the collective noun for bankers is a wunch.

Open Voices – Mark Shuttleworth

On Open Enterprise blog.

The Value of Nothing

One of those joining this blog in pointing out the power of pricing at zero is Chris Anderson. His next book is called simply "Free", and he's published a convenient synopsis in the form of an article in his personal publishing vehicle, Wired:

It took decades to shake off the assumption that computing was supposed to be rationed for the few, and we're only now starting to liberate bandwidth and storage from the same poverty of imagination. But a generation raised on the free Web is coming of age, and they will find entirely new ways to embrace waste, transforming the world in the process.

Judging by the article, the book will be highly anecdotal - no bad thing for a populist tome. My only concern is that the emphasis will be too much on the "free as in beer" side, neglecting the fact that the "free as in freedom" aspect is actually even more important.

Digital Reputations

I've not read the book The Future of Reputation, but the fact that it's freely available and comes recommended by Danah Boyd is good enough for me:

This book examines the darker side of personal expression and communication online, looking at some of the social costs of what I'm always rambling on about as "persistence, searchability, replicability, and invisible audiences." Our reputation is one of our greatest assets. What happens when our own acts or the acts of others sully that? What role does the technology play in enabling or stopping that? How should the law modernize its approach to privacy and slander to address the networked world?

Reputations play a crucial role in the free software world - a good reason to give the book a whirl.

Let Us Now Praise Patent Troll Trackers

So the anonymous patent troll tracker is anonymous no more:

My name is Rick Frenkel. I started in IP over 10 years ago, as a law clerk at Lyon & Lyon in Los Angeles. After a few years there as a law clerk and attorney, I litigated patent cases for several years at Irell & Manella. Two years ago I moved to the Valley and went in-house at Cisco. In my career, I have represented plaintiffs, defendants, large companies, small companies, individual inventors, universities, and everything in between. I currently work at Cisco.

Do I care? Not a jot. What I care about is this:

Now that I have been unmasked, I’m not sure where the blog is going from here. I’d like to keep it going. For one, I still have quite a few post ideas in me (indeed, I have several already prepared, waiting to go). Further, there aren’t many in-house counsel blogging, and I think we deserve a voice. I’m going to take off the next couple of weeks to think it over.

He can be called Rick or Rumpelstiltskin for all I care: he performs a hugely valuable service that the world of computing would be poorer without. Let's hope those couple of weeks of thinking it over mark a hiatus and not a halt.

Why eGov UK is Doomed

Read this and weep:

Directgov welcomes and encourages other websites to link to it as the main UK central government website. By linking to Directgov you are deemed to have signed up to the terms and conditions.

Terms and conditions? For linking to a website??? If this is how little "the main UK central government website" groks the essential nature of the organic, evolving, pullulating Net, no wonder so many government IT projects are such an utter disaster.

Let a Thousand (Open Source) Blogs Bloom

Reading the various reactions to Microsoft's "big" announcement about openness, I was struck by the cumulative force of all the different open source blogs offering their two penn'orth. It made me realise how important it is to have ever more of the things to add to the blogospheric pressure.

And so, against that background, let me say: Welcome, Green Eggs and Ham.

No, I don't know either.

Firefox Hits 500,000,000 Downloads

Make mine half a milliard.