Back in 2006, I wrote a piece for LXer called "A Brief History of Microsoft FUD". This ran through successive attempts by Microsoft to dismiss GNU/Linux in various ways. One of the better-known was a series of "Total Cost of Ownership" (TCO) studies. By an amazing coincidence, these all showed that Microsoft Windows was cheaper than that supposedly cheap GNU/Linux.
As people wake up to the full horror of what SOPA would do to the Internet and its users, an increasing number of organizations with very different backgrounds are coming out against it. Here's one more to add to that list, from the world of non-profit humanitarian groups.
The idea of bringing in a unitary EU patent system has been rolling around Brussels so long most people have assumed it will never happen. But there is a clear push on at the moment to realise these plans once and for all. That's hinted at in this very low-key press release from yesterday [.pdf]:
For anyone in Belgium on Wednesday, here's an afternoon event open to all that might be of interest: "'Self'-regulation: Should online companies police the internet?" If you can't make it to the European Parliament in Brussels, there's also a live video stream available.
The Royal Society calls itself "a Fellowship of the world's most eminent scientists and... the oldest scientific academy in continuous existence." Its Fellows and Foreign Members have included Isaac Newton, Charles Darwin, Ernest Rutherford, Albert Einstein, Dorothy Hodgkin, Francis Crick, James Watson and Stephen Hawking.
The founding of the Pirate Party in Sweden in 2006 was regarded by many as a joke. After all, the argument went, who would want to be associated with "pirates" or vote for such a narrow platform? This overlooked the fact that the traditional political parties had consistently ignored the concerns of voters who understood that the Internet raised important questions about areas such as copyright and privacy. By focusing on precisely those issues, the Pirate Party gave disaffected voters the opportunity to express their dissatisfaction with the old political parties and their outdated policies.
Just as politicians routinely invite us to "think of the children" when they want to push through some new liberty-reducing law, so the copyright industries regularly invoke "the artists" when they want to justify longer copyright terms or harsher enforcement laws.
In striking contrast with its disappointing performance in terms of supporting open source, the UK government continues to take huge strides in the world of open data. Details about its latest moves are contained in this document [.pdf] that came out of the recent 2011 Autumn Statement:
Mark Shuttleworth is probably best known for three things. Selling the certificate authority Thawte Consulting to VeriSign for about $575 million in 1999; using some of that money to become the second self-funded space tourist; and using some more of it to found and sustain the Ubuntu version of GNU/Linux.
One of the many hopeful signs that the Hargreaves team knew what they were talking about was the recognition that patent thickets were an increasing danger in many fields, notably that of mobile technology. One of the actions flowing from the report was to investigate this area further, and now the UK government has released its report [.pdf]:
The European Patent Organization (EPO) is a strange entity. Despite its name, it has nothing to do with the European Union. Instead, it was set up on the basis of the 1973 European Patent Convention to grant patents under that Convention.
The ACTA saga has been grinding on for years now, distinguished by a wilful lack of transparency that is a clear sign that you and I are being right royally stitched up. If, like me, you were wondering where we are in the UK with this charade, the Open Rights Group has put together a useful summary:
One of the most striking - and disturbing - trends of recent years has been the assumption by the copyright industries that protecting their intellectual monopolies outweighs the rights of the public.
Earlier this week Techdirt reported on the surprisingly forthright statements of Neelie Kroes concerning the failure of the copyright system in the digital world. She made her remarks at the Forum d'Avignon in France, which was about "strengthening the links between culture and the economy".
Last year, Techdirt reported on the approval by the European Parliament of the Gallo Report, which calls for harsher enforcement of intellectual monopolies. Although the Report has no legal force, it's important, since it functions as a framework for future legislation in this area. And now the eponymous French MEP Marielle Gallo is at it again, with her new "IP Forum":
Sometimes you just have to shake your head over patent law. Here's a practice from the UK that has been going on since 1876, and involving the Reverend Henry Moule's patented earth closet:
In the 2005 "Grokster" decision, the Supreme Court ruled unanimously that file sharing networks could be held liable for copyright infringement if they take "affirmative steps" to encourage infringement. Grokster closed down as a result, and the recording industry pretty much assumed it had won that battle
But as a fascinating analysis by Rebecca Giblin of what happened afterwards points out, against the industry's expectations, P2P filesharing flourished:
One of the recommendations made by the Hargreaves Review in the UK was that a text- and data-mining exception to copyright should be created, with the following explanation of why that made sense (PDF):
Neelie Kroes is that rare thing: a politician who actually seems to understand digital technologies. Before she became the European Commissioner for Digital Agenda, her current post, she was European Commissioner for Competition, and in that capacity made a speech about open standards in 2008 that included the following interesting statements:
Last week I was invited to talk at the South Tyrol Free Software Conference which took place in northern Italy, in the city of Bolzano (disclosure: a paid gig.) As its title indicates, this was a more local, specialised conference than some of its more famous international siblings, but I was impressed just how much activity was going on. It was also interesting to see that open data was already a hot topic here - it's not just national holdings that are being opened up.
Increasingly, publishers are joining the music and film industries in bemoaning the effects of piracy on the sales of digital products – and some are even starting to sue people for alleged copyright infringement (because that has worked so well elsewhere.) Perhaps they should take a look at what is happening in China: instead of whining about e-book sales "lost" to piracy, publishers there have come up with a business model that embraces the possibilities of the Internet:
There is a general belief that science proceeds by smooth cycles of discovery and sharing – that scientists formulate theories, investigate problems, produce data and then publish results for other scientists to check, reproduce and then build on.
With so many bad things happening in the digital world at the moment- ACTA, TPP, Digital Economy Act, HADOPI, La Ley Sinde etc. - there is a natural tendency to focus on your own country's woes. But there's something spectacularly awful going on in the US at the moment that is likely to have very serious ramifications here, too.
As I've noted many times, one of the biggest threats hanging over open source is patents, because of the way trivial but indispensable software techniques have been patented in some jurisdictions (mostly the US). Things are made worse by the fact that vague threats can be made in this area, for example this famous assertion in 2007:
It's a curious fact that the term of copyright only ever gets longer. Since copyright is a government-backed monopoly, and monopolies are generally regarded as bad things, you might have expected some countervailing pressure against this continual extension, and that at some point Peak Copyright would have been reached. You might, if you were extremely optimistic, even expect copyright term to be reduced occasionally.
Certain terms crop up time and again in the arguments around copyright infringement and file sharing. Words like "theft" and "stealing" clearly represent an attempt to frame the debate in a certain way. That's hardly a new insight: many posts on Techdirt have pointed out these attempts to manipulate the discourse.
Copyrightgirl pointed us to a bizarre judgement from the Polish Supreme Court last year, which found that you can become co-author of a scientific text by deleting a few sentences that you believe to be incorrect:
Google matters for open source. First and foremost, it is an example of a multi-billion dollar global company that simply would not be possible without an underpinning of free software. Open source's customisability means that its engineers have been able to fine-tune Linux and other code to meet Google's very specific needs. That, and the fact that there is no licensing fee, has allowed the company to scale its operations to unprecedented levels – rumoured to be over a million servers.
One of the recurrent themes on Techdirt is the harm caused by intellectual monopolies – copyright and patents – to the economy in particular, and to society in general. Stephan Kinsella has raised an interesting question: which of them is worse?
A couple of weeks ago I posted the first part of an interview with Brendan Eich, who is Mozilla's CTO. That covered the early years of browsers at Netscape, and the origin of Mozilla. Somewhat belatedly, here's the second part of that interview, which picks up the story at the beginning of this millennium, and reveals the complex sequence of events that led to the creation of Mozilla Firefox.
Back in April of this year, the Russian government put out a tender:
Last week, Roskomnadzor, Russian Federal Service for Telecoms Supervision, announced a public tender for developing Internet monitoring system. According to the tender, the budget for such system is 15 million rubles (about $530,000) and the job applications should be submitted by April 15, 2011. The system needs to be developed by August 15, 2011 and the testing period should end on December 15, 2011.On Techdirt.
It would be hard to overstate the contribution of Richard Stallman to the digital world. The founding of the GNU project and the creation of the GNU General Public License laid the foundations for a wide range of free software that permeates computing from smartphones to supercomputers. Free software has also directly inspired like-minded movements based around sharing, such as open access and open content (Wikipedia, notably).
As a search through the Techdirt archives shows, Phorm's behavioral advertising service based on watching your Web activity was beset by problems in its early days. One of the last Techdirt posts on the company from a couple of years ago explained how Phorm was planning to expand overseas, and here's some news on how that's been going:
The arguments against open access have moved on from the initial "it'll never work" to the "maybe it'll work, but it's not sustainable" stage. That raises a valid point, of course: who will pay for journals that make their content freely available online?
The Internet is under attack – but not, as politicians would have us believe, from hordes of cyber criminals, but from the politicians themselves. Alongside national legislation like E-PARASITE and international treaties such as ACTA, there is this proposal that a UN body should take over the running of the whole system:
One of the favorite assumptions of industries based around copyright used to be that every pirated copy is a lost sale. More recently, that rhetoric has been moderated somewhat, as a review of the area in the report "Media Piracy in Emerging Countries" shows, but a variation of that fallacy lives on, expressed now as vague "losses" caused by piracy.
Just under a month ago, the "Chaos Computer Club" (CCC), which styles itself as "the largest European hacker club", had some disturbing news for Germans:
The largest European hacker club, "Chaos Computer Club" (CCC), has reverse engineered and analyzed a "lawful interception" malware program used by German police forces. It has been found in the wild and submitted to the CCC anonymously. The malware can not only siphon away intimate data but also offers a remote control or backdoor functionality for uploading and executing arbitrary other programs. Significant design and implementation flaws make all of the functionality available to anyone on the internet.On Techdirt.
One of the pernicious effects of once-obscure legal issues surrounding copyright and patents seeping into everyday life is the belief that even the vaguest ideas can be owned, and that such ownership is a thing worth fighting over. Here, for example, is a sorry tale from Christchurch in New Zealand, which suffered a massive earthquake in which 181 people died back in February of this year:
Microsoft is currently engaging in some incredible rewriting of history. Here's Horacio Gutiérrez, deputy general counsel at the company, trying to defend Microsoft's evolution into a patent troll that is unable to make a smartphone that anyone wants, and thus seeks to tax those who can:
Creative Commons (CC) has been with us for nearly a decade, so you would have thought people might understand it by now. Apparently not, judging by the title of this blog post: "How Creative Commons Can Stifle Artistic Output."
As we've noted, the US has been using multilateral and bilateral negotiations conducted in secret as a way to craft some very one-sided trade treaties. They seem to offer pretty raw deals to the other nations involved – and correspondingly great ones for the US copyright and pharma industries. But could they turn out to have direct negative consequences for US citizens as well?
It seems so long ago now, but for those of us lucky enough (and old enough) to have been there, the launch of Netscape's 0.9 version of its Netscape Navigator browser in October 1994 was clearly the beginning of a new era. For a few years, Netscape was the centre of the Internet universe - it's home page was the first you checked each morning for news about what was happening on this strange new Web thing that the company was doing so much to define.
As a recent Techdirt post noted, France's HADOPI "three strikes" policy has effectively criminalized vast swathes of that country. Despite widespread opposition, the law was pushed through in 2009 by the current French President, Nicolas Sarkozy, as one of his pet projects - it's probably no coincidence that he is married to a pop singer.
One of the key inspirations for the free software movement was the scientific tradition of sharing information and building on the work of others. That arose a few hundred years ago, at a time of rapid scientific progress:
The term "shanzhai" literally means a fortified mountain village, and originally meant those places in China that were outside government control, and hence not subject to its law. Today, by extension, it refers to Chinese outfits producing counterfeit goods that ignore intellectual monopolies like patents.
"Think of the children" has become the rallying cry of politicians around the world trying to push for ever-increasing Internet surveillance powers. Since nobody wants to run the risk of being branded as soft on crimes like paedophilia, resistance to such measures is greatly reduced as a result.
One of the key arguments used by companies who want to see the end of net neutrality is that with growing use of high-bandwidth services like video on demand, or video telephony, there isn't enough bandwidth to go around, and that other services will suffer as a result. This leads them to call for differential pricing, charging more for such services.
Last month I wrote about the UK government's "Making Open Data Real" consultation. That's actually just the first part of a double-headed enquiry into open government data. The other part concerns "Data Policy for a Public Data Corporation" (PDC).
Techdirt has reported on a number people accused of murder googling for things like "neck snap break" or "how to commit murder" beforehand, and leaving these suggestive details on their computers. Those were some years back, and since then there has been plenty of attention given to the idea that your search histories provide a great deal of information about what you were thinking - and possibly even what you were thinking about doing.
One of the recurrent recent themes of IT in the UK has been how moves to open source by local and central government have been stymied by Microsoft - the most famous example being the Newham Council saga. Of course, that's not a problem unique to the UK: it's a pattern repeated around the world, as some recent stories highlight.
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