10 June 2012

Which is Worse -- Sharing With Attribution, Or Plagiarism Without?

At the end of last year we wrote about the case of Karl-Theodor zu Guttenberg, former Federal Minister of Defense in Germany, who lost both his post and his doctorate when it turned out that he had plagiarized portions of his doctoral thesis. Now the journal Science is reporting another possible case

On Techdirt.

ACTA Doomsday Approaches - Please Help

I have been writing about ACTA here for what seems several centuries. The good news is that I will stop doing that soon, because the key vote on ACTA will be taking place in the European Parliament at the beginning of July. Contrary to some reports, ACTA is not dead: although there have been some important shifts in the last few months - actually, pretty staggering ones when you consider the situation at the end of last year - votes in the European Parliament are notoriously hard to predict. This means we must assume that the battle is still on, and not become complacent.

On Open Enterprise blog.

Spotify In A Box: Why Sharing Will Never Be Stopped

Most people will be familiar with Moore's Law, usually stated in the form that processing power doubles every two years (or 18 months in some versions.) But just as important are the equivalent compound gains for storage and connectivity speeds, sometimes known as Kryder's Law and Nielsen's Law respectively. 

On Techdirt.

Greece Stares Into the Abyss; Meanwhile, Local Music And Audiovisual Collecting Society Gets Court Order To Block Web Sites

As you may have heard, Greece is having a spot of bother at the moment. Its economy shrank by 6.2% in the last three months alone, and the austerity measures imposed in return for international loans to keep the country running have contributed to a 40% jump in the suicide rate

On Techdirt.

Which Would You Rather Have: The Planet, Or A Patent?

One of the more controversial approaches to the already controversial field of climate change is geoengineering, which Wikipedia defines as "deliberate large-scale engineering and manipulation of the planetary environment to combat or counteract anthropogenic changes in atmospheric chemistry." 

On Techdirt.

Generics Drive Down Drug Prices In India, TPP Trying To Stop That

Back in March, we wrote about an important development in India, where a compulsory license for Bayer's Nexavar anti-cancer drug was granted. Bayer, of course, is fighting back

On Techdirt.

Opening Up About the Open Data Institute

As I've noted before, open data is one area where the UK government shines - unlike open source, where it has yet to deliver the goods. One of its bright ideas was the creation of an Open Data Institute (ODI), which I wrote about at the end of last year. It still doesn't exist yet, but it does have a Web site with some interesting further information about its intentions.

On Open Enterprise blog.

YouTube Uploads Hit 72 Hours A Minute: How Can That Ever Be Pre-Screened For 'Objectionable' Material?

YouTube has announced that 72 hours of video is now being uploaded to its service every minute. Earlier this year, the statistic was that 60 hours of video was uploaded to its service every minute

On Techdirt.

As UK Government Considers Opt-Out Porn Censorship, Report Already Finds Overblocking On Mobile Networks

A few weeks ago, we noted the UK government was considering plans to bring in an opt-out form of censorship, in what would amount to a kind of porn license, and that such an approach runs the risk of blocking a far wider range of materials. Now the Open Rights Group (ORG) has released a report that shows the "child protection filters" on UK mobile Internet networks are already overblocking sites

On Techdirt.

Some Countries Want To Fix TPP... By Making It More Like ACTA

ACTA and TPP have much in common, but the way in which they represents two aspects of the same impulse has never been shown more clearly than here, in this proposal to re-use elements of one in the other

On Techdirt.

BSA Piracy Study: Mere Shadow Boxing?

So, once again, the Business Software Alliance (BSA) has come out with its annual report on software piracy around the world, entitled "Shadow Market" [.pdf]. And, once again, it makes all the same methodological mistakes - it's almost as if the BSA hasn't been reading my critiques of last year and the year before....

On Open Enterprise blog.

Should People Learn To Code? Yes – If They Are Judges Ruling On Cases Involving Software

Recently Techdirt wrote about the heated debate on the subject of whether people should learn to code. We pointed out that some knowledge of that subject could be particularly useful in helping people understand why copyrighting APIs or patenting software is just crazy -- whatever the abstract legal arguments, in practice both make programming much, much harder. 

On Techdirt.

20 May 2012

One Area Where China Should Definitely Stop Ripping Off The West: Copyright Law

When it comes to ACTA and TPP, China is the elephant in the room -- or maybe that should be the dragon in the room. For without China's participation, these treaties designed to reduce counterfeiting will have little effect. And despite rather desperate optimism on the part of some that China will rush to sign up, itscomments so far suggest otherwise.

On Techdirt.

London Police To Extract Data From Suspects' Mobile Phones -- And Keep It Even If No Charges Are Brought

As the mobile phone moves closer to the center of daily life in many parts of the world, combining phone, computer, camera, diary, music player, and much else all in one, it becomes a concentrated store of the digital DNA that defines us -- who we talk to, what we search for, who we meet, what we listen to. However convenient that may be for us as users, it's also extremely dangerous if it falls into the wrong hands.

On Techdirt.

Poland Betrays Its Past, Moves Closer To Allowing Software Patents

Earlier this year, Poland played a crucial role in igniting street protests that pretty much stopped ACTA in its tracks. That's not the first time it has had a major impact on European tech policy. Half a decade earlier, it derailed a proposed EU software patent directive, which had sought to make software patentable in Europe -- something that Article 52 of the European Patent Convention had appeared to rule out. That led to a later vote in the European Parliament wheresoftware patents were decisively rejected.

On Techdirt.

ACTA Update XVI

On Monday I posted my talk "Before and After SOPA". In it, there's a reference to "country club" treaties (slide 17) that may have intrigued some people. It's a term I came across recently, and I think provides us with a useful way of thinking about ACTA (and TPP).

On Open Enterprise blog.

The Sky Continues To Rise: EU Gross Box Office Returns And EU Film Production Both Hit Record Highs In 2011

Even though just about every objective statistic suggests otherwise, the copyright industries still take turns bemoaning the terrible toll that piracy is supposedly taking on their markets. So it's good to come across some official figures that suggest the contrary, particularly because in this case they come from the European Audiovisual Observatory—not a market research company, but a public service body. Here are the latest numbers for the European film industry:

On Techdirt.

UK ISPs Are Already Planning To Offer Porn Filters -- So Who Needs New Legislation?

Last week Techdirt wrote about the possible introduction of an "opt-in" license to view porn online in the UK. As we noted then, there is nothing to stop parents from installing their own filters to block access to certain kinds of Web sites now. But it seems that soon, they won't even have to do that:

On Techdirt.

How Microsoft Fought True Open Standards V

Ten years ago, people were saying that open source would never be able to best proprietary software. But what they overlooked was the fact that Apache had already beaten Microsoft's IIS Web server offering back in the mid-1990s, and had never lost that leadership once. 

On Open Enterprise blog.

They're Not 'Orphan Works', They're 'Hostage Works'

Words matter -- just think of the number of times flame wars have broken out in Techdirt's comments over whether you can "steal" music or films. But one phrase that nobody really questions is "orphan work". And yet, as Lydia Pallas Loren points out in a brilliant paper, this is a loaded term with a very particular agenda:

On Techdirt.

Harvard And MIT Back Open Education With $60 Million Online Learning Project

News that Harvard University is the latest to join the growing revolt against the exorbitant pricing of academic journals caused something of a stir recently -- although it has been pointed out that its case would be stronger if it followed its own advice and made the Harvard Business Review open access, or at least cheaper.


On Techdirt.

Before and After SOPA

A few weeks ago, I gave a talk at the Reykjavik Digital Freedoms Conference with the title "Before and After SOPA". Much of it will be familiar to readers of this blog, since it was reviewing the events around the extraordinary anti-SOPA Internet Blackout Day on January 18, which has now emerged as a turning-point in Net activism, and exploring what might happen now. As usual, I've embedded my slides below, and they may also be viewed online and downloaded.

On Open Enterprise blog.

12 May 2012

After the German Pirate Party's String Of Successes, Here Comes The Backlash

Over the last few months, Techdirt has been reporting on the amazing rise of the German Pirate Party, with win after win after win. Politicians in the other parties have looked on aghast, powerless to halt the rise of something they clearly can't fathom. Inevitably, the fightback has finally begun, but packaged as an artists' revolt, not simply that of the copyright industries worried about their profit margins. 

On Techdirt.

Now It's Switzerland's Turn To Call ACTA Into Question

When discussing ACTA, there's a natural tendency to concentrate on the bigger players -- the US or the EU -- but it's important to remember that there are many other countries involved. One of those is Switzerland, which has just joined the doubters' club by holding off from signing ACTA. Here's why (French original): 

On Techdirt.

Why Patent Injunctions Are Even Worse For Open Source

The damage that software patents cause to innovation in the computer world is a constant theme here on Techdirt. But as a fascinating new paper by James Boyle explains, the threat to open source, particularly from patent injunctions, is even greater because of the special characteristics of that software development methodology: 

On Techdirt.

South Korea Still Paying The Price For Embracing Internet Explorer A Decade Ago

The problems of monopolies arising through network effects, and the negative effects of the lock-in that results, are familiar enough. But it's rare to come across an entire nation suffering the consequences of both quite so clearly as South Korea, which finds itself in this situation thanks to a really unfortunate decision made by its government some years back

On Techdirt.

What Does The Election Of France's New President Mean For European Copyright?

Whatever you might have thought of his policies, Nicolas Sarkozy probably had more impact on European copyright policy than any other EU politician. He consciously tried to the lead the way in bringing in more extreme copyright enforcement, most notably with the "three strikes" HADOPI law. 

On Techdirt.

ACTA Update XV

Since my last ACTA update, plenty has been happening - there's really never a dull moment in this area. 

On Open Enterprise blog.

Why Microsoft Loves The Rise of (Some) Openness

A few weeks ago, I wrote about how businesses based around giving stuff away were able to make money by replacing far more expensive options. One aspect of that is that open source leaves money in people's wallets. The other side, of course, is that purveyors of more expensive options tend to lose out. That's a pattern that is being repeated across different industries - not just in the software world.

On Open Enterprise blog.

After SOPA And ACTA, Now TPP Starts To Fall Apart

What an extraordinary year this has been for Net activism. After the great SOPA blackout led to SOPA and PIPA being withdrawn, and the anti-ACTA street demonstrations triggered a complete rethink by the European Parliament that may well result in a rejection of the treaty, now it seems that the Trans Pacific Partnership is falling to pieces. 

On Techdirt.

UK Consumer Ebook Sales Increase by 366%: Publishers Association Calls For Digital Piracy To Be 'Tackled'

One of the beloved tropes of the copyright industries is that they are being destroyed by online piracy. Superficially, it's a plausible claim, not least because of the false equation of copyright infringement with "theft", and the lingering suggestion that every time something is shared online, a sale is lost. Of course, as Techdirt's report, "The Sky is Rising", demonstrated from publicly-available figures, the facts are very different: all of the creative industries are thriving. 

On Techdirt.

05 May 2012

EU Commissioner Kroes: 'We Are Now Likely To Be In A World Without SOPA And Without ACTA'

Neelie Kroes gave a keynote speech at this year's re:publica conference in Berlin (disclosure: I spoke there too) that brought together many of the themes she has touched on recently -- the open Web, copyright licensing, the potential of open data, and the need to provide enhanced Internet safety for children. Interesting and important as all those are, they pale into insignificance beside the following comment she made: 

On Techdirt.

Re-Inventing Public Libraries For The Digital Age

It would be something of an understatement to say that the world of public libraries is undergoing rapid change at the moment. On the one hand, the rise of open access means that people are increasingly able to find information online that was formerly held in serried ranks of volumes stored on library stacks. On the other, publishers' reluctance to allow ebooks to be lent out puts a key traditional function of libraries under threat. So what exactly should public libraries being doing in the digital age? Eric F. Van de Velde has written a a fascinating exploration of that question, along with a few suggestions

On Techdirt.

Even Harvard Can't Afford Subscriptions To Academic Journals; Pushes For Open Access

Techdirt has published several posts recently about the growing anger among scholars over the way their work is exploited by academic publishers. But there's another angle to the story, that of the academic institutions who have to pay for the journals needed by their professors and students. Via a number of people, we learn that the scholars' revolt has spread there, too

On Techdirt.

How Microsoft Fought True Open Standards IV

Yesterday I looked at the first part of a long document that Microsoft sent the Cabinet Office in October last year. Here I'd like to explore one of the other sections, which is headed as follows:

On Open Enterprise blog.

30 April 2012

How Microsoft Fought True Open Standards III

In my first two posts about Microsoft's lobbying against true open standards, I concentrated on a document sent to the Cabinet Office in May 2011. Here, I'd like to look at another, sent in October 2011 (available in both html and pdf formats.)

On Open Enterprise blog.

27 April 2012

EU Liberals To Vote Against ACTA; Conservatives Want To 'Fix' It

We reported last week that the Socialists and Democrats in the European Parliament had decided to vote against the ratification of ACTA; now the Liberals and Democrats are following suit

On Techdirt.

'Almost Anybody Can Have An Idea' -- Linus Torvalds

A constant theme here on Techdirt is that it's not the idea that's crucial, but the execution. Here's someone who seems to agree

On Techdirt.

ACTA Update XIV

Even though most of the focus around here has been on the UK government's Open Standards consultation (I do hope you've managed to reply by now - time is running out), the ACTA monster is still slouching towards Bethlehem. Things have gone better than I expected, with the ACTA rapporteur recommending against ratification, the socialists confirming they will vote against it, and rumours that the liberals will also vote against it. But it's important to emphasise that it's not dead yet.

On Open Enterprise blog.

Norwegian Security Service Wants Details Of Citizens' Web Comments Retained For Six Months

Governments around the world are seeking to monitor more and more of their citizens' online activities -- and it's not just the most obviously repressive regimes doing this. In the US, there is CISPA, while the UK is drawing up the Communications Capability Development Programme. Thomas Steen alerts us to a further escalation of this desire to spy on the public, in Norway. The secret service there (known by the acronym PST) want details about comments posted on all Web sites retained (via Google Translate): 

On Techdirt.

ACTA 'May Interfere With Fundamental Freedoms' -- EU Data Protection Supervisor

The dramatic announcement that the EU's rapporteur on ACTA, David Martin, would be recommending that the European Parliament should reject the treaty was made at the end of a morning conference on the subject organized by Socialists and Democrats in the European Parliament. One of those speaking in favor of ACTA at that meeting was Helienne Lindvall, a professional songwriter and musician, who has now blogged about it

On Techdirt.

Interview with Charles-H. Schulz on Open Standards

As you may have noticed, open standards are a hot topic currently. One person who deals with them all the time in a variety of ways is Charles-H. Schulz.
That's because he's one of the leaders of The Document Foundation, home to the LibreOffice fork of the ODF-based OpenOffice.org, and he's also on the board of the Organization for the Advancement of Structured Information Standards (OASIS). The following is an interview exploring his views about standards - open and not so open.

On Open Enterprise blog.

Kenya's High Court Rules Anti-Counterfeiting Law Is Unconstitutional Because It Threatens Access To Generic Drugs

Back in 2009, Techdirt wrote about an interesting challenge to a then-new law against counterfeits in Kenya, on the grounds that it might be used to stop perfectly legal generic variants of drugs being imported into the country. That matters, because around 90% of drugs used in Kenya are generics, which means that blocking them would have serious implications for healthcare in that country. 

On Techdirt.

The Serious Business of Open Source, Inc.

One of open source's great strengths is that it is not a company. This means that traditional methods of nullifying its threat – such as buying it or causing it to go bankrupt – simply don't work. This is one reason why traditional software companies have had such a hard time getting their heads around free software and coming up with a sensible response.

On The H Open.

Open Access And The Art Of Contract Hacking

Open Access continues to gain momentum, as more and more researchers seek to make their work freely available online. One way of doing that is by modifying the contract that academic publishers routinely send to potential authors, inserting a clause that allows digital copies to be distributed. 

On Techdirt.

London 2012 Olympics Win Gold Medal For Cluelessness By Banning Video And Photo Uploads To Social Media During Games

As Techdirt has reported, the London 2012 Olympics bring with them a range of "special" measures guaranteed to make London a place for lovers of freedom to avoid this summer. But it seems that the organizers wish to ensure that anyone attending will also have a rather miserable time

On Techdirt.

Does Microsoft Office Lock-in Cost the UK Government £500 Million?

In may last column, I wrote about Microsoft's efforts last year to derail any possible adoption of ODF. That's very telling, because in a way it's quite separate from the issue of open standards, and it shows that one of Microsoft's chief fears is losing the extremely lucrative office suite business. But just how lucrative is it? An email from Microsoft that is apparently circulating around the Treasury department sheds some interesting light on this. Here's what it says:

On Open Enterprise blog.

Tim Berners-Lee Says UK's Net Spying Plans Would Be 'Destruction Of Human Rights'

Not content with inventing the Web and then giving it away, Tim Berners-Lee remains highly active in warning about the threats the Internet and its users face. Most recently he has taken on the British government's disproportionate plans to store information about every email sent and Web page visited in the UK: 

On Techdirt.

Italian 'Blog Killer' Law Rises From the Grave

As if Italians didn't have enough problems, it seems that their government is trying to sneak through a proposal supposedly designed to provide those who are libelled online with an automatic recourse, which activists thought they had managed to kill off five months ago. Here's the plan: 

On Techdirt.

Chinese Copyright Proposal Would Allow Compulsory Licensing Of Music After Three Months

As China continues to climb up the economic rankings (it became number two last year, in case you missed it) its domestic policy begins to have wider implications for the rest of the world. A case in point is this news from Slashdot about proposed changes to China's copyright laws. Two sections in particular are proving controversial

On Techdirt.