SCO KO'd, Novell Renewed

Well, we all knew it would happen, and, finally, it has:

Judge Dale Kimball has issued a 102-page ruling [PDF] on the numerous summary judgment motions in SCO v. Novell. Here it is as text. Here is what matters most:

[T]he court concludes that Novell is the owner of the UNIX and UnixWare Copyrights.

That's Aaaaall, Folks! The court also ruled that "SCO is obligated to recognize Novell's waiver of SCO's claims against IBM and Sequent". That's the ball game. There are a couple of loose ends, but the big picture is, SCO lost. Oh, and it owes Novell a lot of money from the Microsoft and Sun licenses.

But there's another interesting aspect to this: SCO lost, and Novell won:

But we must say thank you to Novell and especially to its legal team for the incredible work they have done. I know it's not technically over and there will be more to slog through, but they won what matters most, and it's been a plum pleasin' pleasure watching you work. The entire FOSS community thanks you for your skill and all the hard work and thanks go to Novell for being willing to see this through.

As I've written elsewhere, we really can't let Novell fail, whatever silliness it gets up to with Microsoft: it is simply too important for these kinds of historical reasons.

Update: Here's some nice analysis of the implications.

The Liability of Closed Source Software

It's a pity that reports from the House of Lord's Science and Technology Committee are so long, because they contain buckets of good stuff - not least because they draw on top experts. A case in point is the most recent, looking at personal Internet security, which includes luminaries such as Bruce Schneier and Alan Cox.

The recommendations are a bit of a mixed bag, but one thing that caught my eye was in the context of making suppliers liable for their software. As Bruce puts it:

“We are paying, as individuals, as corporations, for bad security of products”—by which payment he meant not only the cost of losing data, but the costs of additional security products such as firewalls, anti-virus software and so on, which have to be purchased because of the likely insecurity of the original product. For the vendors, he said, software insecurity was an “externality … the cost is borne by us users.” Only if liability were to be placed upon vendors would they have “a bigger impetus to fix their products”

Of course, product liability might be a bit problemtatic for free software, but again Schneier has a solution:

Any imposition of liability upon vendors would also have to take account of the diversity of the market for software, in particular of the importance of the open source community. As open source software is both supplied free to customers, and can be analysed and tested for flaws by the entire IT community, it is both difficult and, arguably, inappropriate, to establish contractual obligations or to identify a single “vendor”. Bruce Schneier drew an analogy with “Good Samaritan” laws, which, in the United States and Canada, protect those attempting to help people who are sick or injured from possible litigation. On the other hand, he saw no reason why companies which took open source software, aggregated it and sold it along with support packages—he gave the example of Red Hat, which markets a version of the open source Linux operating system—should not be liable like other vendors.

Mr Dell Does the *In*decent Thing

I was wrong:

UK users will have to pay a premium for Dell's Linux PCs, despite Dell's claim to the contrary.

Customers who live in the UK will have to pay over one-third more than customers in the US for exactly the same machine, according to detailed analysis by ZDNet.co.uk.

The Linux PCs — the Inspiron 530n desktop and the Inspiron 6400n notebook — were launched on Wednesday. The 530n is available in both the UK and the US, but the price differs considerably.

Comparing identical specifications, US customers pay $619 (£305.10) for the 530n, while UK customers are forced to pay £416.61 — a premium of £111, or 36 percent. The comparison is based on a machine with a dual-core processor, 19" monitor, 1GB of RAM and a 160GB hard drive. The same options for peripherals were chosen.

Why?

Of Maths, Shares and Horoscopes

I have been a mathematician since the age of eight. As such, I tend to look at the world through the optics of mathematics. For this reason, I have never understood why people believe that they can model financial markets: they're clearly far too complex/chaotic to be reduced to any equation, and trying to extrapolate with computers - no matter how powerful - is just doomed to failure.

And so it seems:

I hear many Risk Arb players at big shops are getting creamed. It seemed like you make money for 3 years, then give it all back in a couple weeks. Classic mode-mean trade: mode is positive, mean is zero.

In fact, what is most surprising - nay, shocking - is that this apparently unshakeable belief in the existence of some formula/method that will one day allow such markets to be tracked accurately enough to make dosh consistently is equivalent to a belief in horoscopes. After all, horoscopes are all about "deep" correlations - between the stars and your life. Maybe financial markets should try casting a few - they'd be just as likely to succeed as the current methods. (Via TechDirt.)

Quotation of the Day

Ha!

To mess up a Linux box, you need to work at it; to mess up your Windows box, you just have to work on it.

Pecunia non Olet

Doncha just love the sweet smell of business?

Medical firm Johnson & Johnson (J&J) is suing the American Red Cross, alleging the charity has misused the famous red cross symbol for commercial purposes.

J&J said a deal with the charity's founder in 1895 gave it the "exclusive use" of the symbol as a trademark for drug, chemical and surgical products.

It said American Red Cross had violated this agreement by licensing the symbol to other firms to sell certain goods.

The charity described the lawsuit as "obscene".

Code is Law is Code

Here's an interesting case:

When Dale Lee Underdahl was arrested on February 18, 2006, on suspicion of drunk driving, he submitted to a breath test that was conducted using a product called the Intoxilyzer 5000EN.

During a subsequent court hearing on charges of third-degree DUI, Underdahl asked for a copy of the "complete computer source code for the (Intoxilyzer) currently in use in the State of Minnesota."

An article in the Pioneer Press quoted his attorney, Jeffrey Sheridan, as saying the source code was necessary because otherwise "for all we know, it's a random number generator."

What's significant is that this shows a growing awareness that if you don't have the source code, you don't really have any idea how something works. And if you don't know that, you can hardly use it to make important decisions - or even unimportant ones, come to that. Obviously, this has clear implications for e-voting, and the need for complete source code transparency.

Firefox as Commons

Interesting post here from Mozilla's Mitchell Baker, which shows that she's beginning to regard Firefox as a commons:

Firefox generates an emotional response that is hard to imagine until you experience it. People trust Firefox. They love it. Many feel -- and rightly so -- that Firefox is part "theirs." That they are involved in creating Firefox and the Firefox phenomena, and in creating a better Internet. People who don't know that Firefox is open source love the results of open source -- the multiple languages, the extensions, the many ways people use the openness to enhance Firefox. People who don't know that Firefox is a public asset feel the results through the excitement of those who do know.

Firefox is created by a public process as a public asset. Participants are correct to feel that Firefox belongs to them.

Absolutely spot-on. But I had to smile at the following:

To start with, we want to create a part of online life that is explicitly NOT about someone getting rich. We want to promote all the other things in life that matter -- personal, social, educational and civic enrichment for massive numbers of people. Individual ability to participate and to control our own lives whether or not someone else gets rich through what we do. We all need a voice for this part of the Internet experience. The people involved with Mozilla are choosing to be this voice rather than to try to get rich.

I know that this may sound naive. But neither I nor the Mozilla project is that naive, and we are not stupid. We recognize that many of us are setting aside chances to make as much money as possible. We are choosing to do this because we want the Internet to be robust and useful even for activities that aren't making us rich.

Only in America do you need to explain why you prefer to make the world a better place rather than making yourself rich....

Welcome Back, HTML

Younger readers of this blog probably don't remember the golden cyber-age known as Dotcom 1.0, but one of its characteristics was the constant upgrading of the basic HTML specification. And then, in 1999, at HTML4, it stopped, as everyone got excited about XML (remember XML?).

It's been a long time coming, but at last we have HTML5, AKA Web Applications 1.0. Here's a good intro to the subject:

Development of Hypertext Markup Language (HTML) stopped in 1999 with HTML 4. The World Wide Web Consortium (W3C) focused its efforts on changing the underlying syntax of HTML from Standard Generalized Markup Language (SGML) to Extensible Markup Language (XML), as well as completely new markup languages like Scalable Vector Graphics (SVG), XForms, and MathML. Browser vendors focused on browser features like tabs and Rich Site Summary (RSS) readers. Web designers started learning Cascading Style Sheets (CSS) and the JavaScript™ language to build their own applications on top of the existing frameworks using Asynchronous JavaScript + XML (Ajax). But HTML itself grew hardly at all in the next eight years.

Recently, the beast came back to life. Three major browser vendors—Apple, Opera, and the Mozilla Foundation—came together as the Web Hypertext Application Technology Working Group (WhatWG) to develop an updated and upgraded version of classic HTML. More recently, the W3C took note of these developments and started its own next-generation HTML effort with many of the same members. Eventually, the two efforts will likely be merged. Although many details remain to be argued over, the outlines of the next version of HTML are becoming clear.

This new version of HTML—usually called HTML 5, although it also goes under the name Web Applications 1.0—would be instantly recognizable to a Web designer frozen in ice in 1999 and thawed today.

Welcome back, HTML, we've missed you.

Academics Waking Up to Wikipedia

Many people have a strangely ambivalent attitude to Wikipedia. On the one hand, they recognise that it's a tremendous resource; but on the other, they point out it's uneven and flawed in places. Academics in particular seem afflicted with this ambivalence.

So I think that this move by a group of academics to roll up their digital sleeves and get stuck into Wikipedia is important:

Some of our colleagues have determined to improve it with their own contributions. Here are some instances in which they have assumed significant responsibility for their fields:

# History of Science: Sage Ross and 80 other specialists in the field are contributing.
# Military History: Over 600 amateur and professional specialists in many sub-fields are contributing.
# Russian History: Marshall Poe and over 50 other specialists in the field are contributing.

Clearly, the more people that take part in such schemes, the better Wikipedia will get - and the more people will improve it further. (Via Open Access News.)

Firefox....for Cubs

There's a new Firefox support site around that's aimed at absolute beginners. Smart move, now that Firefox is beginning to bleed beyond the world of geeks and their immediate family.... (Via Linux.com.)

The (Female) RMS of Tibet?

As a big fan of both freedom and Tibet, it seems only right that I should point to the Students for a Free Tibet site. Against a background of increasing repression and cultural genocide by the Chinese authorities in Tibet, it will be interesting to see what happens during the run-up to the 2008 Olympics and the games themselves. On the one hand, China would clearly love to portray itself as one big happy multi-ethnic family; on the other, it is unlikely to brook public reminders about its shameful invasion and occupation of Tibet.

I can only admire those Tibetans who speak up about this, and even daring to challenge, publicly, the Chinese authorities, even within China itself. One of the highest-profile - and hence most courageous - of these is Lhadon Tethong:

A Tibetan woman born and raised in Canada, Lhadon Tethong has traveled the world, working to build a powerful youth movement for Tibetan independence. She has spoken to countless groups about the situation in Tibet, most notably to a crowd of 66,000 at the 1998 Tibetan Freedom Concert in Washington, D.C. She first became involved with Students for a Free Tibet (SFT) in 1996, when she founded a chapter at University of King’s College in Halifax, Nova Scotia. Since then, Lhadon has been a leading force in many strategic campaigns, including the unprecedented victory against China’s World Bank project in 2000.

Lhadon is a frequent spokesperson for the Tibetan independence movement, and serves as co-chair of the Olympics Campaign Working Group of the International Tibet Support Network. She has worked for SFT since March 1999 and currently serves as the Executive Director of Students for a Free Tibet International.

She has a blog, called Beijing Wide Open, stuffed full of Tibetan Web 2.0 goodness. I'm sure RMS would approve. (Via Boing Boing.)

Update: Sigh: bad news already....

On the Necessity of Open Access and Open Data

One of the great things about open source is its transparency: you can't easily hide viruses or trojans, nor can you simply filch code from other people, as you can with closed source. Indeed, the accusations made from time to time that open source contains "stolen" code from other programs is deeply ironic, since it's almost certainly proprietary, closed software that has bits of thievery hidden deep within its digital bowels.

The same is true of open access and open data: when everything is out in the open, it is much easier to detect plagiarism or outright fraud. Equally, making it hard for people to access online, searchable text, or the underlying data by placing restrictions on its distribution reduces the number of people checking it and hence the likelihood that anyone will notice if something is amiss.

A nicely-researched piece on Ars Technica provides a clear demonstration of this:

Despite the danger represented by research fraud, instances of manufactured data and other unethical behavior have produced a steady stream of scandal and retractions within the scientific community. This point has been driven home by the recent retraction of a paper published in the journal Science and the recognition of a few individuals engaged in dozens of acts of plagiarism in physics journals.

By contrast, in the case of arXiv's preprint holdings, catching this stuff is relatively easy thanks to its open, online nature:

Computer algorithms to detect duplications of text have already proven successful at detecting plagiarism in papers in the physical sciences. The arXiv now uses similar software to scan all submissions for signs of plagiarized text. As this report was being prepared, the publishing service Crossref announced that it would begin a pilot program to index the contents of the journals produced by a number of academic publishers in order to expose them for the verification of originality. Thus, catching plagiarism early should be getting increasingly easy for the academic world.

Note, though, that open access allows *anyone* to check for plagiarism, not just the "authorised" keepers of the copyrighted academic flame.

Similarly, open data means anyone can take a peek, poke around and pick out problems:

How did Dr. Deb manage to create the impression that he had generated a solid data set? Roberts suggests that a number of factors were at play. Several aspects of the experiments allowed Deb to work largely alone. The mouse facility was in a separate building, and "catching a mouse embryo at the three-cell stage had him in from midnight until dawn," Dr. Roberts noted. Deb was also on his second post-doc position, a time where it was essential for him to develop the ability to work independently. The nature of the data itself lent it to manipulation. The raw data for these experiments consisted of a number of independent grayscale images that are normally assigned colors and merged (typically in Photoshop) prior to analysis.

Again, if the "raw data" were available to all, as good open notebook science dictates that they should be, any manipulation could be detected more readily.

Interestingly, this is not something that traditional "closed source" publishing can ever match using half-hearted fudges or temporary fixes, just as closed source programs can never match open ones for transparency. There is simply no substitute for openness.

OpenProj

For many years, the only decent free end-user app was GIMP, and the history of open source on the desktop has been one of gradually filling major holes - office suite, browser, email etc. - to bring it up to the level of proprietary offerings.

Happily, things have moved on, and it's now possible to use free software for practically any desktop activity. One major lack has been project planning, traditionally the (expensive) realm of Microsoft Project. No longer it seems. With the launch of OpenProj, the open source world now has a free alternative, for a variety of platforms.

It's still too early to say how capable the program is, but it's certainly a welcome addition. The only other concern is the licence, which seems not to have been chosen yet, although an OSI-approved variant is promised.

Update: Apparently, if I'd taken the trouble to install it, I would have seen that the licence is the Common Public Attribution Licence. (Thanks to Randy Metcalfe.)

Patent Joke of the Month

It is, of course, hard to choose from the rather crowded field of contenders, but this one certainly takes the biscuit:

An Information and Application Distribution System (IADS) is disclosed. The IADS operates, in one embodiment, to distribute, initiate and allow interaction and communication within like-minded communities. Application distribution occurs through the transmission and receipt of an "invitation application" which contains both a message component and an executable component to enable multiple users to connect within a specific community. The application object includes functionality which allows the user's local computer to automatically set up a user interface to connect with a central controller which facilitates interaction and introduction between and among users.

A system to create an online community - including, of course, that brilliant stroke of utterly unique genius, the "invitation application": why couldn't I have thought of that? (Via TechCrunch.)

Mr. Dell Does the Decent Thing

Hooray:

today, it's official: Dell announced that consumers in the United Kingdom, France and Germany can order an Inspiron E1505N notebook or an Inspiron 530N desktop with Ubuntu 7.04 pre-installed.

(Via The Open Sourcerer.)

In Denial

This is an important story - not so much for what it says, but for the fact that it is being said by a major US title like Newsweek:

Since the late 1980s, this well-coordinated, well-funded campaign by contrarian scientists, free-market think tanks and industry has created a paralyzing fog of doubt around climate change. Through advertisements, op-eds, lobbying and media attention, greenhouse doubters (they hate being called deniers) argued first that the world is not warming; measurements indicating otherwise are flawed, they said. Then they claimed that any warming is natural, not caused by human activities. Now they contend that the looming warming will be minuscule and harmless. "They patterned what they did after the tobacco industry," says former senator Tim Wirth, who spearheaded environmental issues as an under secretary of State in the Clinton administration. "Both figured, sow enough doubt, call the science uncertain and in dispute. That's had a huge impact on both the public and Congress."

Even though the feature has little that's new, the detail in which it reports the cynical efforts of powerful industries to stymie attempts to mitigate the damage that climate change will cause is truly sickening. It is cold (sic) comfort that the people behind this intellectual travesty will rightly be judged extremely harshly by future generations - assuming we're lucky enough to have a future. (Via Open the Future.)

Why ICANN Is Evil, Part 58697

I've been tracking the goings-on at ICANN, which oversees domain names and many other crucial aspects of the Internet, for many years now, and I've yet to see anything good come out of the organisation. Here's someone else who has problems with them:

In this Article, I challenge the prevailing idea that ICANN's governance of the Internet's infrastructure does not threaten free speech and that ICANN's governance of the Internet therefore need not embody special protections for free speech. I argue that ICANN's authority over the Internet's infrastructure empowers it to enact regulations affecting speech within the most powerful forum for expression ever developed. ICANN cannot remain true to the democratic norms it was designed to embody unless it adopts policies to protect freedom of expression. While ICANN's recent self-evaluation and proposed reforms are intended to ensure compliance with its obligations under its governance agreement, these proposed reforms will render it less able to embody the norms of liberal democracy and less capable of protecting individuals' fundamental rights. Unless ICANN reforms its governance structure to render it consistent with the procedural and substantive norms of democracy articulated herein, ICANN should be stripped of its decision-making authority over the Internet's infrastructure.

Strip, strip, strip. (Via IGP blog.)

Lenovo Today, Tomorrow the World

A small step, but one of an increasing number towards wider availability of open source on the desktop/laptop:

Lenovo and Novell today announced an agreement to provide preloaded Linux* on Lenovo ThinkPad notebook PCs and to provide support from Lenovo for the operating system. The companies will offer SUSE Linux Enterprise Desktop 10 from Novell to commercial customers on Lenovo notebooks including those in the popular ThinkPad T Series, a class of notebooks aimed at typical business users, beginning in the fourth quarter of 2007. The ThinkPad notebooks with the Linux-preload will also be available for purchase by individual customers.

Live CD + Open Content = LiveContent

And about time too:

LiveContent is an umbrella idea which aims to connect and expand Creative Commons and open source communities. LiveContent works to identify creators and content providers working to share their creations more easily with others. LiveContent works to support developers and others who build better technology to distribute these works. LiveContent is up-to-the-minute creativity, "alive" by being licensed Creative Commons, which allows others to better interact with the content.

LiveContent can be delivered in a variety of ways. The first incarnation of LiveContent will deliver content as a LiveCD. LiveCDs are equivalent to what is called a LiveDistro. LiveCDs have traditionally been a vehicle to test an operating system or applications live. Operating systems and/or applications are directly booted from a CD or other type of media without needing to install the actual software on a machine. LiveContent aims to add value to LiveDistros by providing dynamically-generated content within the distribution.

Let's hope this catches on - we need more synergy in the world of openness.

Why Microsoft is Going Open Source

All is explained here (well, not all, but a bit.)

Of the People, By the People, For the People

I'm rather slow in this one, but it's such a good example of how everyone gains from public collaboration - including Google, whose CTO of Google Earth, Michael Jones, is speaking here:

This is Hyderabad, and if you see the dark areas, those correspond to roads in low detail. If you zoom in, you'll see the roads, and if you expand a little bit, you'll see both roads and labelled places... there's graveyards, and some roads and so forth.

Now, everything you see here was created by people in Hyderabad. We have a pilot program running in India. We've done about 50 cities now, in their completeness, with driving directions and everything - completely done by having locals use some software we haven't released publicly to draw their city on top of our photo imagery.

This is the future, people - your future (though I do wonder about the map data copyright in these situations).

Oooh-Er OA

This sounds slightly worrying:

After careful consideration, the Cushing/Whitney Medical and Kline Science Libraries have decided to end their support for BioMed Central's Open Access publishing effort. The libraries previously covered 100% of the author page charges which allowed these papers to be made freely available worldwide via the Internet at time of publication. This experiment in Open Access publishing has proved unsustainable. The libraries' support will continue for all Yale-authored articles currently in submission to BioMed Central as of July 27, 2007.

The libraries’ BioMedCentral membership represented an opportunity to test the technical feasibility and the business model of this OA publisher. While the technology proved acceptable, the business model failed to provide a viable long-term revenue base built upon logical and scalable options. Instead, BioMedCentral has asked libraries for larger and larger contributions to subsidize their activities. Starting with 2005, BioMed Central page charges cost the libraries $4,658, comparable to a single biomedicine journal subscription. The cost of page charges for 2006 then jumped to $31,625. The page charges have continued to soar in 2007 with the libraries charged $29,635 through June 2007, with $34,965 in potential additional page charges in submission.

Eeek: I wonder what the backstory to all this is?

Update 1: Matthew Cockerill, Publisher, BioMed Central, has put together a reply to Yale's points. But I can't help feeling that this one will run for a while yet.

Update 2: And here's the full analysis I should have done.

Wiki Wiki Sun

Wikis were born under the Hawaiian sun (well, the name was), so perhaps it's appropriate that Sun should have set up its own wikis, in a further sign that Sun gets it, and that wikis are almost mainstream now. (Via Simon Phipps.)

Parallel Universes?

Now, where have I heard this before?

Free and open source software (FOSS) has roots in the ideals of academic freedom and the unimpeded exchange of information. In the last five years, the concepts have come full circle, with FOSS serving as a model for Open Access (OA), a movement within academia to promote unrestricted access to scholarly material for both researchers and the general public.

"The philosophy is so similar that when we saw the success that open source was having, it served as a guiding light to us," says Melissa Hagemann, program manager for Open Access initiatives at the Open Society Institute, a private foundation for promoting democratic and accessible reform at all levels of society. Not only the philosophy, but also the history, the need to generate new business models, the potential empowerment of users, the impact on developing nations, and resistance to the movement make OA a near twin of FOSS.

Oh, I remember:

The parallels between this movement - what has come to be known as “open access” – and open source are striking. For both, the ultimate wellspring is the Internet, and the new economics of sharing that it enabled. Just as the early code for the Internet was a kind of proto-open source, so the early documentation – the RFCs – offered an example of proto-open access. And for both their practitioners, it is recognition – not recompense – that drives them to participate.

Great minds obviously think alike - and Bruce does have some nice new quotations. Read both; contrast and compare.