Hyperactive Hyperic

On Open Enterprise blog.

EU: Ewww on Patented Software Standards

Digital Majority News points us to a fine hidalgo asking a key question about the EU's policy on software standards:

The 'European ICT crossroads: A new direction for global success' conference organised by the Commission's DG Enterprise and Industry on 12 February 2008 could turn out to have been a decisive moment for communications and information in the EU. The idea contained in the conference's title, at least, should be a turning point. It also embodies the very essence of what could be seen as the ideal framework for a wideranging and open discussion – without pre-formed ideas – on defining a European strategy on communications, in the search for tools and systems, with a major potential for the future, that are and within the grasp of a greater number of citizens. However, a quick assessment of the discussion document reveals certain worrying features, indicative of a certain tendency towards standardisation by means of patents, which in practice involve the exclusion of free software which is available free of charge. The document clearly supports the (F)RAND option with regard to managing intellectual property rights, which in practice implies not only that a choice has been made beforehand, but furthermore that this choice favours a system which benefits, and is in the hands of, the large software developing companies, rather than users.

Indicative of this is the fact that the original Spanish question is only available in English as a Microsoft Word document....

First Dirac Video Codec May or May Not Be Available

The BBC's Dirac is:

a general-purpose video compression family suitable for everything from internet streaming to HDTV and electronic cinema.

and

a very versatile video compression family. It includes a range of tools which gives flexibility in performance to match the environment.

Appropriately enough, "the world's first high performance implementation of Dirac" has been made by none other than the Schrödinger project:

The final specification of Dirac became available on 21st of January 2008 and now the Schrödinger project is proud to announce an implementation of that specification. Schrödinger core is implemented in ANSI C with further assembly level optimisations privided through the liboil optimisation library. The Schrödinger decoding and encoding components offer a stable ABI for developers which will enable easy integration of Dirac support for application and media framework developers. The Schrödinger project also includes a set of GStreamer plugins as an example of how to use the Schrödinger library in a modern multimedia framework.

The release of the Schrodinger library will significantly reduce the the time required to include Dirac support in multimedia applications, therefore reducing the barrier to adoption substantially.

Probably.

Windows 7: Out of Luck

Microsoft to date has said little about Windows 7, which had been in development under the code name Blackcomb. It's generally believed that the OS will ship in the 2010 timeframe.

That's one year after the federal government's oversight of Microsoft is now slated to expire. As a result, the Technical Committee is trying to get its hands on as much Windows 7 code as it can as soon as possible. "The TC has begun to review Windows 7 itself. Microsoft recently supplied the TC with a build of Windows 7, and is discussing TC testing going forward," the report stated.

Luckily for us, the EU's interest has no cut-off date....

Open Letter to America

Since some of America's top minds are apparently having a bit of bother deciding this one, I thought the following personal experiences might help. (Via Craig Murray.)

Update: Not that we can talk, of course.

Canonical's GNU Bazaar

On Open Enterprise blog.

Why Enterprises Should Fight Software Patents

On Open Enterprise blog.

What Microsoft Groks Not

The other Microsoft Bill on open-sourcing Windows:

Open sourcing Windows is more hassle than it's worth and Microsoft sees little gain in releasing code, according to the man leading Microsoft's server marketing and platform strategy.

Microsoft general manager Bill Hilf has said the Windows source code is "irrelevant for what people want".

But what you seem not to understand, Bill, is that opening up helps *you* make Windows better, which is hardly "irrelevant for what people want."

Of Book Bankruptcy

Here's a poignant post about realising that book you have cradled within you for the last years not only will never get written, but doesn't need writing (BTDTGTTS). It concludes:

And to you reading this, keep up the good fight for open, secure and private computing, but remember the words of George Eliot, which still adorn my old domain's home page:

Blessed is the man, who having nothing to say, abstains from giving wordy evidence of the fact.

When I do have something to say that relates to this blog's past themes, I will say it here, at least for now. I'm definitely a wiser man for all I've tried to achieve, but now I need to get back to work.

Another Reason Why "Three Strikes" Won't Work

The idea that a Draconian "three strikes and you're out" approach will actually stop people from downloading copyrighted material betrays a vast ignorance of how the Internet works, and of the fact that some people thrive on a challenge. Here's one way of spiking the "three strikes" approach:

BTGuard is an easy to use proxy service that adds an extra layer of privacy to your BitTorrent transfers. The service is designed for BitTorrent users who don’t want their ISPs or any third party to log or throttle their IPs or traffic.

btguardBTGuard reroutes all your BitTorrent traffic through their servers in Canada. This means that anyone who connects to you via BitTorrent, even the MPAA or RIAA, will see BTGuard’s IP, and not yours.

BTGuard does not have any bandwidth or volume restrictions, and while we briefly tested the service (from Europe), the speeds were almost equal to an unsecured connection. Setting it up is fairly easy, the only thing you need to do is enter the username and password provided by BTGuard, and you’re ready to go.

TorrentFreak asked one of the founders of the project why they launched the service, he told us: “More and more, people find their privacy being invaded on the Internet and we find it to be a very disturbing, unethical trend. There are some countries that still actively protect privacy, one of which is Canada.”

So the RIAA will end up in Canada, where the trail goes cold. Then what?

Vista's Geek Tragedy

Nice framing of the train-wreck that is Microsoft Vista by Randall Stross in the NYT:

Act 1: In 2005, Microsoft plans to say that only PCs that are properly equipped to handle the heavy graphics demands of Vista are “Vista Ready.”

Act 2: In early 2006, Microsoft decides to drop the graphics-related hardware requirement in order to avoid hurting Windows XP sales on low-end machines while Vista is readied. (A customer could reasonably conclude that Microsoft is saying, Buy Now, Upgrade Later.) A semantic adjustment is made: Instead of saying that a PC is “Vista Ready,” which might convey the idea that, well, it is ready to run Vista, a PC will be described as “Vista Capable,” which supposedly signals that no promises are made about which version of Vista will actually work.

The decision to drop the original hardware requirements is accompanied by considerable internal protest. The minimum hardware configuration was set so low that “even a piece of junk will qualify,” Anantha Kancherla, a Microsoft program manager, said in an internal e-mail message among those recently unsealed, adding, “It will be a complete tragedy if we allowed it.”

Act 3: In 2007, Vista is released in multiple versions, including “Home Basic,” which lacks Vista’s distinctive graphics. This placed Microsoft’s partners in an embarrassing position. Dell, which gave Microsoft a postmortem report that was also included among court documents, dryly remarked: “Customers did not understand what ‘Capable’ meant and expected more than could/would be delivered.”

The World's Leading Anti-Scientific Society

Science is a pradigmatically open endeavour. It proceeds by sharing knowledge freely, allowing others to build on your work. If any domain should display openness in depth, it is science. That seems to have escaped the notice of the American Chemical Society, which pompously declares itself "the world's leading scientific society", as Peter Murray-Rust explains:

CAS identifiers have come to be accepted as a primary identifier system for chemistry - thus caffeine has the CAS number [58-08-2]. This is the only number I can reliably get from CAS without paying (or having my institution or country pay). The number is semantically almost void - it cannot be worked out like an InChI. InChI and CAS serve different purposes - CAS can be related to any substance including mixtures of molecules such as kerosene - InChI is algorithmically derived from the molecular structure and does not apply to mixtures. CAS numbers are frequently used to assert what a substance is and to indicate whether two substances are the same or different. They are commonly used in supplier catalogues and on bottles.

CAS numbers are copyright CAS/ACS who have the legal right to regulate their use - as above. They would make excellent identifiers for the semantic web, except that they are closed. If I want to find out what [67-64-1] is I can only do this by paying CAS - about 6 USD for each lookup (e.g. on STN Easy). This immediately rules it out for any semantic web application which assumes that resolving links is free. Wikpedia tells me that this number corresponds to acetone (nail varnish remover) but they now do not have the freedom to do this. Similarly Pubchem do not use CAS numbers as they have no right to do so. (Anumber of suppliers and other sources quote CAS numbers, many without explicit permission).

An identifier system for chemistry is extremely valuable (patents, safety, etc.) but can cause great problems when mistakes are made. If compounds are misordered because of mistakes in identifiers serious accidents could occur. An open system of identifiers would be highly valuable in developing the chemical semantic web and increasing quality. The closed and restrictive practices of CAS make it more difficult to create Web 2.0 applications in chemistry.

I do not believe this situation can last. Closed systems on the web cannot survive for many more years unless rigorously enforced by restrictive legal and business processes. The heads of chemistry departments who currently have no concern for informatics in the C21 will retire and a new generation of less conservative chemists will increasingly sweep away the Closed approach. Technology such as robots acting on semantic publications will make human-collected abstracts obsolete.

Fortunately, Peter points out that there is a solution:

The use of CAS numbers has been abandoned by organisations such as PubChem for exactly this reason. PubChem now has nearly 20 million substances. It holds records for all compounds that are likely to occur on MSDS. It’s highly respected (although ACS lobbied the US government to limit Pubchem’s activities). It is part of the NIH and now - with the NIH mandate - effectively safe from the ACS. It provides a credible alternative.

We (including Wikipedia) should now switch from using CAS numbers to using PubChem IDs wherever possible. It won’t be a simple transition - certainly we shan’t find 100% overlap. But it will solve all the common substances and therefore 90%+ use of CAS numbers.

We shall need software. We and others are now developing the next generation of chemical informatics software using RDF (Resource Description Framework). RDF allows the description of ambiguities and ontologies. This will allow chemical information to be gleaned directly from authoritative sources using robots. (Of course some of the authorities are currently conservative and do not allow access to their material because of restrictive copyright and licences, but that is starting to change, even in chemistry). As information becomes more open, the CAS system will be increasingly isolated in a world of chemical commerce.

Clearly, it's time to kill off this pernicious closed CAS system, which is damaging science, by boycotting it entirely. And while we're at it, I suggest we might as well get rid of the world's leading *anti*-scientific society too. (Via Open Access News.)

Update: There seems to be some movement as far as using CAS numbers on Wikipedia, but I can't tell whether that's just a one-off, highly limited solution, or part of a larger move to make ACS knowledge freely available to all such open projects. We shall see.

WSJ on OA

The message is spreading within the citadel:

Other than in the realm of life-saving medicine, why should any of this matter to nonacademics? Well, for one thing, barriers to the spread of information are bad for capitalism. The dissemination of knowledge is almost as crucial as the production of it for the creation of wealth, and knowledge (like people) can't reproduce in isolation. It's easy to scoff at the rise of Madonna studies and other risible academic excrescences, but a flood of truly important research pours from campuses every day. The infrastructure that produces this work is surely one of America's greatest competitive advantages.

In fact, open access might help to moderate some of the worst forms of academic hokum, if only by holding them up to the light of day -- and perhaps by making taxpayers, parents and college donors more careful about where they send their money. Entering the realm of delirium for a moment, one can even imagine public exposure encouraging professors in the humanities and social sciences to write in plain English.

Keeping knowledge bottled up is also bad for the world's poor; indeed, opening up the research produced on America's campuses via the Internet is probably among the most cost-effective ways of helping underdeveloped countries rise from poverty. Closer to home, open access to scholarly work via the Internet would help counteract the plague of plagiarism that the Internet itself has abetted. Anyone suspecting a scholar of such chicanery could search for a phrase or two in Google and see if somebody else's work turns up with the same unusual text string.

Mad About MIDI

MIDI files are a real throwback to an earlier era, when passing around Mbytes of data was not an option. Sleek MIDI files - typically a few tens of kilobytes - were perfect, even if the sound quality left something to be desired.

I thought that MIDI had pretty much disappeared, but on the contrary, it seems to be thriving. Take Kunst der Fuge, which has a huge collection of classical music, although not all of it freely available.

And it's not just the obvious stuff. Here, for example is pretty everything that the insane but amazing French composer Charles Valentin Alkan wrote. Since much of it is almost unplayable by mere mortals, MIDI files are probably a good way to hear the stuff. (Via Creative Commons.)

Microsoft Slouches Towards Bethlehem

On Open Enterprise blog.

Dopplr Doubles Up

They say that if you can't measure it, you can't manage it. That's certainly true in terms of the carbon footprint of air travel. If you're not aware of how much you're producing, how can you set about minimisiing it sensibly?

Now you can, thanks to Dopplr:

On Thursday at ETech, Gavin Starks announced that Dopplr is teaming up with AMEE to help you measure your travel carbon footprint.

We’re still putting the finishing touches on this feature, but we’re previewing it with alpha-testers this week and it’ll be launching soon. Measurement is just the first step along this road, and we’ll be working with AMEE to make sure you have pointers to the information you need to understand and act on this data.

This is a great example of how the very latest in Web 2.0 approaches can make a difference to the real world too.

ID Cards Are the Ultimate Identity Theft

This piece by Ian Angell is the definitive rebuttal of the UK government's position on ID cards. It articulates all of my concerns, but puts it rather better than I could. Try this, for example:

Errors won't just happen by accident. It's possible to imagine that workers on the ID database will be corrupted, threatened or blackmailed into creating perfectly legal ID cards for international terrorists and criminals. Then the ID card, far from eliminating problems, will be a one-stop shop for identity fraud; foreign terrorists, illegal immigrants will be waived past all immigration checks.

That's the practical downside. But there's an even more profound philosophical one, too:

However, the ID card itself isn't the real problem: it's the ID register. There, each entry will eventually take on a legal status. In time, all other proofs of identity will refer back to the one entry. If the register is wrong - and remember fallible human hands will at some stage have to handle your personal information - then all other databases will be wrong too. Given the propensity of officialdom to trust the details on their computer screen, rather than the person in front of them, you will have to conform to your entry in the register - or become a non-person.

In effect, your identity won't reside in the living flesh and blood of you, but in the database. You will be separated from your identity; you will no longer own it. All your property and money will de facto belong to the database entry. You only have access to your property with the permission of the database. Paradoxically, you only agreed to register to protect yourself from “identity theft”, and instead you find yourself victim of the ultimate identity theft - the total loss of control over your identity.

Anybody who reads this and still wants ID cards is either a complete fool or a thoroughgoing knave. (Via Blogzilla.)

Enter the (Komodo) Dragon

On Open Enterprise blog.

Open Parliament

It's obviously petition season. Here's another one, Europe-wide in scope, calling for an "open European Parliament":

Citizens and stakeholder groups should not have to use the software of a single company in order to communicate with their elected officials or participate in the legislative process.

All companies should be given the chance to compete freely for contracts to supply ICT services to the European Parliament.

I am a citizen of the EU, and I want the European Parliament to adopt the use of open standards and to promote interoperability in the ICT sector.

We believe that the current situation, where the European Parliament’s ICT runs on proprietary software that is not interoperable with that of other vendors, where therefore citizens and stakeholder groups wishing to participate in the legislative process are forced to use the products of a single company, is in conflict with the first article of Chapter 1 in the Treaty of the European Union. An example of this is the live Web streaming from the European Parliament's plenary sessions – aimed at improving communication with citizens and insight into democratic processes – which will only work with Windows Media Player.

Sounds good to me. Just one thing: there's only 163 names at the moment, which isn't very impressive: why don't you join in?

Why Falling Flash Prices Threaten Microsoft

In the Guardian.

Monsanto Frightened of Openness

When a company is unwilling to stand in the bright illuminating light of openness, you know it's trying to keep something in the shadows:

Since 1901, Monsanto has brought us Agent Orange, PCBs, Terminator seeds and recombined milk, among other infamous products. But it's currently obsessed with the milk, or, more importantly, the milk labels, particularly those that read "rBST-free" or "rBGH-free." It's not the "BST" or "BGH" that bothers them so much; after all, bovine somatrophin, also known as bovine growth hormone, isn't exactly what the company is known for. Which is to say, it's naturally occurring. No, the problem is the "r" denoting "recombined." There's nothing natural about it. In fact, the science is increasingly pointing to the possibility that recombined milk is -- surprise! -- not as good for you as the real thing.

"Consumption of dairy products from cows treated with rbGH raise a number of health issues," explained Michael Hansen, a senior scientist for Consumers Union. "That includes increased antibiotic resistance, due to use of antibiotics to treat mastitis and other health problems, as well as increased levels of IGF-1, which has been linked to a range of cancers."

What's the Collective Noun for Ultraportables?

Whatever it is, here's a a bunch of them from CeBIT, mostly running GNU/Linux.

Second Life Viewer for GNU/Linux Goes Beta

Now Linux users can enjoy the same capabilities as Windows and Mac users to explore, create and socialize!

The beta includes several features we’ve added in recent months, such as:

* 3D voice support
* Media playback - play back any in-world media supported by GStreamer
* Lots and lots of bug fixes, polish, and performance improvements

What's particularly interesting is the view in the comments attached to this post that the GNU/Linux is already more stable than that for Windows.

Wikileaks Wins

And so do we:

A Swiss bank quietly dropped its lawsuit against renegade Web site Wikileaks.org on Wednesday, days after a judge reversed his order to disable the site for posting confidential bank documents.

In court papers, Bank Julius Baer didn't give a reason for dropping the suit and reserved the right to refile it later. Bank lawyer William Briggs didn't return a telephone call seeking comment.

Taking down entire Web sites when just a few documents are at stake was a terrible precedent; Bank Julius Baer's decision to drop the lawsuit is also good because it shows that people are beginning to understand the power of the Web to look after its own.

Open Source Jahrbuch 2008

No good deed goes unpunished, they say.

A year ago, I wrote the following about the Open Source Jahrbuch series:

All-in-all, I'd go so far as to say that this is the best book on open source that has been published in the few years or so. Taken together, the whole series of Yearbooks form perhaps the most important collection of writings on open source and related areas to be found in any language.

As a result of those rash words, I was asked whether I'd like to contribute to this year's tome, which, as ever, is freely available as a download. If you want to practise your German, my 'umble effort is on page 299 (they obviously believe in saving the best for last....)

It begins thus:

Stallman's Golden Rule and the Digital Commons

In the wake of the high-profile successes of free software, the related movements of open access, open data, open content and the rest are starting to impinge on the public's consciousness. But when they do, they are generally seen as simple applications of the ideas behind free software – in other words, as imitations, albeit interesting ones. This misses the bigger picture: that, together, the combined results of their efforts form a vast and unprecedented digital commons of knowledge. The main obstacles to expanding that commons yet further are now legal, rather than technical. They are the result of political lobbying by content industries that have failed to adapt their thinking to a digital, rather than an analogue, world. The emerging viability of open source companies, which share their software freely with customers, points the way to new kinds of business models based on embracing rather than enclosing the commons.

The Copyright Emperor Has No Clothes

Tim Lee has a stonker of a post on Ars Technica drawing parallels between copyright today and property rights debates of the 18th and 19th centuries in the US. It's a hugely-enjoyable, thought-provoking piece.

He also offers some commentary on his own words:

Copyright maximalists love to draw parallels between property rights and copyrights. But if we take that analogy seriously, I think it actually leads in some places that they aren't going to like. Our property rights system was not created by Congressional (or state legislative) fiat. Property rights in land is an organic, bottom up exercize. The job of government isn't to dictate what the property system should look like, but to formalize and reinforce the property arrangements people naturally agree to among themselves.

The fact that our current copyright system is widely ignored and evaded is a sign, I think, that Congress has done a poor job of aligning the copyright system with ordinary individuals' sense of right and wrong. Just as squatters 200 years ago didn't think it was right that they be booted off land they cleared and brought under cultivation in favor of an absentee landowner who had written a check to a distant federal government, so a lot of people feel it's unfair to fine a woman hundreds of thousands of dollars to share a couple of CDs' worth of music. You might believe (as do I) that file sharing is unethical, just as many people believed that squatting was unethical. But at some point, Congress has no choice but to recognize the realities on the ground, just as it did with real property in the 19th century.

As I've noted elsewhere on this blog, the copyright debate is really hotting up as people start to question the outrageous claims and assumptions of the maximalists. The great thing is, it's becoming increasingly obvious that the copyright emperor has no clothes.

Getting the Facts About Copyright Infringement

Copyright infringement is an emotive area, generating more by heat than light. Hard facts are hard to come by, which makes this mammoth report on the subject in the UK particularly valuable. It's full of good stuff, but for me the killer was page 209, which looked people's attitudes to copyright infringement.

Here are the numbers: 70% don't think that legal download sites have the range of materials that illegal ones do and 64% would pay for stuff if it were available. As for the "three strikes and you're out" idea, 70% said they would stop if they got an email from they're ISP - but practically the same number, 68%, thought it very unlikely that they'd get caught anyway, suggesting that things aren't quite as black and white as some would have us think. (Via TorrentFreak.)

Vyatta (Hearts) Its Community

On Open Enterprise blogs.

The Sheer Ordinariness of Craig Newmark

I've written before about the excellent writing of Mark Pesce. He's at it again with a piece entitled "That Business Conversation". Although there's nothing hugely new there, it's well worth reading. I particularly liked the following section:

At one of the first of those meetings I met a man who impressed me by his sheer ordinariness. He was an accountant, and although he was enthusiastic about the possibilities of VR, he wasn’t working in the field – he was simply interested in it. Still, Craig Newmark was pleasant enough, and we’d always engage in a few lines of conversation at every meeting, although I can’t remember any of these conversations very distinctly.

Newmark met a lot of people – he was an excellent networker – and fairly quickly built up a nice list of email addresses for his contacts, whom he kept in contact with through a mailing list. This list, known as “Craig’s List”, because a de facto bulletin board for the core web and VR communities in San Francisco. People would share information about events in town, or observations, or – more frequently – they’d offer up something for sale, like a used car or a futon or an old telly.

As more people in San Francisco were sucked into the growing set of businesses which were making money from the Web, they too started reading Craig’s List, and started contributing to it. By the middle of 1995, there was too much content to be handled neatly in a mailing list, so Newmark – who, like nearly everyone else in the San Francisco Web community, had some basic web authoring skills – created a very simple web site which allowed people to post their own listings to the Web site. Newmark offered this service freely – his way of saying “thank you” to the community, and, equally important, his way of reinforcing all of the social relationships he’d built up in the last few years.

The rest, of course, is history.

Latin America Loves GNU/Linux

I was vaguely aware of the open source activity going on in Latin America, but I lacked the big picture. Matt Asay points to this feature, which provides a nice overview of the situation, country by country. It concludes:

In South American countries, as in most other areas of the world, the government is by far the biggest purchaser of software. Thus the Open Source trend that is now established in the government sector across the continent will doubtless spur Open Source adoption in the private sector.

There are a variety of motives for Open Source adoption in play in there, from the reduction in software costs to the desire to provide a "leg-up" to the local software industry. However, the motivation of the Peruvian government is unique in that the Peruvian supporters of the bill see "Open Source" as a citizen's right. The ownership and responsibility for the use of data and software have become a political issue in Peru.

This is an idea that is unlikely to go away.

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.