Free Software and the Categorical Imperative

The Web could have been invented for butterfly minds like mine. For example, in one of Stephen O'Grady's hallmark Q&As (this one on Red Hat's cloud computing announcement) I came across a link that took me to the Wikipedia page about Immanuel Kant's categorical imperative.

I first encountered Kant when I was in my late teens - the perfect age for grappling with those big questions that look too big and daunting when we are older and more sensible. I thought then, and still think now, that his Critique of Pure Reason represents the acme of modern philosophical thought - the Choral Symphony of metaphysics.

I was therefore already familiar with the categorical imperative, not least in Auden's rather fine clerihew:

When the young Kant
Was told to kiss his aunt,
He obeyed the Categorical Must,
But only just.

But reading the excellent Wikipedia entry, with its formulation:

"Act only according to that maxim whereby you can at the same time will that it should become a universal law."

brought home to me something that - stupidly - I hadn't really grasped before about Kant's idea: its essential symmetry. Of course, it's there implicitly in the other version, which I knew:

"Act in such a way that you treat humanity, whether in your own person or in the person of any other, always at the same time as an end and never merely as a means"

but the second form lacks the extra precision of the first.

What struck me is that this is the driving force behind free software - Stallman's belief that we must share software that we find interesting or useful. And more generally, it lies at the heart of all the kinds of openness that are starting to blossom: they are all predicated on this symmetry, on the giving back as well as the taking.

So there we have it: Immanuel Kant - philosopher and proto-hacker.

Larry Sanger's Question

Larry Sanger has a question about Citizendium:

Suppose we grow to Wikipedian size. This is possible, however probable you think it might be.

Suppose, also, that, because we are of that size, we have the participation of a sizable portion of all the leading intellectuals of the world, in every field–and so, there are hundreds of thousands, if not millions, of approved articles. These are all long, complete with many links, bibliography, etc., etc.–all the subpage stuff. It’s reference utopia. Far better than Wikipedia has any hope of becoming.

Here’s the question, then. If we use a license that permits commercial reuse–CC-by-sa or GFDL–then every major media company in the world could, and probably would, use CZ content. Do you favor a license that allows CBS, Fox, the New York Times, English tabloids, Chinese propaganda sheets, Yahoo!, Google, and all sorts of giant new media companies to come, to use our content? Without compensation?

That's the question that Linus faced over a decade ago when he decided to adopt the GNU GPL instead of the earlier one that forbade any kind of money changing hands. And as Linus has said many times, choosing the GNU GPL was one of the best decisions he ever made, because it has widened support for Linux enormously, and as a result has driven its development even faster.

There's your answer, Larry....

What Can You Protect in Open Source?

Marc Fleury is a Frenchman who famously made lots of dosh when he sold his open source company JBoss to Red Hat. That puts him in a strong permission to pontificate about what does and what doesn't work in the world of businesses based around free software. Try this wit and wisdom, for example:

B.D asks: "marcf, my open source project is starting to enjoy a measure of success, I am thinking of going professional with it, I am thinking about business models. How much thought should I put in protecting my Intellectual Property?"

Answer: B.D. protecting IP in OSS is extremelly important. The only "private" property that exists in OSS are 1- brand 2- URL. Both are obviously related but really you need to protect your brand name, in other words REGISTER your trademarks, use them, declare they are yours and enforce the trademark, meaning protect against infringement. Other products, specifically based on your product should not include your name. Consultancies will be able to say they know and work with your "product name" but they cannot ship products using your trademark. Educate yourselves on brand IP, that is a big asset in OSS.

The URL deserves the same treatment. A successful website with traffic is a source of revenue in this day and age, either directly through ad placement or indirectly by lead generation.

It's interesting that Fleury concentrates on trademarks, rather than copyright or patents (of the latter he says: "you will have little protection against thieves that want to copy what you have done without letting you know and put it under different licenses, I have seen it done, such is the nature of the beast.") I think this indicates that trademarks can be useful, even with open source, just as copyright is necessary for licences to work. It's patents that remain the problem.

Of "IP", "Piracy" and China

As readers of this blog will know, I don't use the terms "intellectual property" or "piracy", since both are profoundly misleading and hopelessly skew the discussion. Nonetheless I can recommend a paper entitled "Intellectual Property Piracy: Perception and Reality in China, the United States, and Elsewhere", since it presents a cool analysis of the reality behind the terms, as well as some surprises.

Here's a sample of the former:

Free-rider downloading also serves an advertising function that may actually benefit music-copyright owners: Some free-rider downloaders may like “Sci-Fi Wasabi” enough to go out and spend 99¢ per song for other Cibo Matto tunes from iTunes, or even $11 for the album Stereo Type A or $19 for Pom Pom: The Essential Cibo Matto. If the downloader (or another who hears the downloaded copy) becomes a fan, hundreds of dollars in sales may result; if no download takes place, all of these potential future sales would be lost. Even if the total number of such sales represents only a tiny portion of downloads, it still exceeds the number of sales in the absence of downloading, which would be zero.

And one of the surprises is as follows:

Of the supposed $6.1 billion in losses to U.S. studios, 2.3 billion, or 38%, were lost to Internet piracy, while 3.8 billion, or 62%, were lost to hard-goods piracy. The three countries in which the losses to U.S. studios were highest were not East Asian countries, and two of them were not developing countries: Mexico, the United Kingdom, and France accounted for over $1.2 billion in lost revenues, or 25% of the non-U.S. total – and slightly less than the U.S. total of $1.3 billion. The three countries have a combined population of about 225 million, somewhat less than the United States’ 293 million, giving them a slightly higher per capita piracy rate.

(Via Salon.)

Will WIPO Wipe the Slate Clean?

So the sorry saga at WIPO is coming to an end, with the controversial Director leaving early (although I was disappointed that this was not "to spend more time with his family.") The question now, is who will take over, and what new direction will WIPO take?

This handover comes at a time when many (including me) are questioning what the role of an organisation nominally about so-called "intellectual property" should be in a world increasingly looking to move on to a less proprietorial approach to knowledge. The appointment of a new head would a good time to re-evaluate WIPO's role - and maybe even change its name.

Dealing with Disabilities

One of the problems raised with the use of ODF in Massachusetts was its lack of support for people with disabilities. That has now been sorted out, but it's probably generally true that open source has not addressed this issue as well as it could, not least because hackers tend to be young and hale, and therefore less aware of the problems faced by those who are not, for example.

So it's good to hear that some work is being done on precisely this area:

IBM and the researchers at the University of Dundee School of Computing (UK) and the University of Miami's Miller School of Medicine are collaborating to develop open source software technology tools to accommodate the needs of older workers to help them adapt to and remain productive in the changing workplace of the 21st century.

...

One way to support maturing workers who have age-related disabilities is to find new ways to increase their comfort level and ability to use technology.

(Via Daniweb.)

I've Got a Little List

On the basis that you just can't have enough lists of open source software, here's another one.

OpenSolaris CIFS Server: Colour Me Confused

The goal of this project is to provide a native, integrated CIFS implementation to support OpenSolaris as a storage operating system. The OpenSolaris CIFS Server provides support for the CIFS/SMB LM 0.12 protocol and MSRPC services in workgroup and domain mode. Substantial work has already gone into modifying and adapting the existing OpenSolaris file system interfaces, services and commands to accommodate Windows attributes and file sharing semantics. The intent is to provide ubiquitous, cross-protocol file sharing in Windows and/or Solaris environments.

Now, I may be wrong, but this all sounds very similar to Samba. So the question is, how did Sun manage to emulate the protocols? And does the agreement between Microsoft and the EU over interoperability have any bearing on this? Yours, confused of London.

Google Desperately Seeking Picasa

What on earth took them so long?

Finally, Google has integrated Picasa Web Albums into Google Image Search. Public albums can be enabled for a public search option, meaning your images will be more likely to come up in Google image results. And that’s a huge improvement, because previously images on Picasa (and Blogger, and Google Docs) were not searchable at all. The other Google applications are still missing out on all the fun, but Picasa images are now searchable. This is limited, however, to a Google image search.

What's the point of having masses of open content if you can't find it? (Via Searchblog.)

Die, TinyURL, Die!

A couple of years ago, I wrote about TinyURLs, noting:

they are a great idea: too many Internet addresses have become long snaking strings of apparently random text. But the solution - to replace this with a unique but shorter URL beginning http://tinyurl.com commits the sin of obscuring the address, an essential component of the open Web.

Well, I don't want to say "I told you so", but "I told you so":

The link shortening and redirection service TinyURL went down apparently for hours last night, rendering countless links broken across the web. Complaints have been particularly loud on Twitter, where long links are automatically turned to TinyURLs and complaining is easy to do, but the service is widely used in emails and web pages as well. The site claims to service 1.6 billion hits each month.

That post worries about having a single point of failure for the Web; that's certainly valid, but for me the malaise is deeper. Even if there were hundreds of TinyURL-like services, it wouldn't solve the problem that they subvert the open nature of the Web.

Far better for the Web to wean itself off TinyURL now and get back to proper addressing. Interestingly, blogging URLs often do that, with nicely descriptive URLs that let you form a rough idea of what you're going to view before you get there.

When the Microsoft Train hits the Brooksian Wall

For a long time enthusiasts of the open source development methodology have predicted that the traditional method will sink in the sand sooner or later. And since, as far as we can tell, Microsoft still employs such methods, the expectation is that one day its operating system upgrade would be a downgrade.

It's hard to tell from all the noise in the comments, but preliminary results seem to suggest Vista is that downgrade:

Extensive testing by the exo.performance.network (www.xpnet.com) research staff shows that SP1 provides no measurable relief to users saddled with sub-par performance under Vista.

And here's some corroboration that people are beginning to realise that the Microsoft train has hit the Brooksian wall:

Ninety percent of 961 IT professionals surveyed said they have concerns about migrating to Vista and more than half said they have no plans to deploy Vista.

What's a Paglo?

That was my first question to Brian de Haaff, CEO of the eponymous company. This is what he said, (more or less):

Francisco Paglo was a virtually unknown Italian explorer who first set sail as a lookout on Cadamosto's expedition to the Gambia River in 1455. Upon completion of a distance learning course in creative writing, he published a stirring account of the exploration from his viewpoint in the crow's nest, which was widely published throughout Europe. It ultimately caught the eye of Prince Henry the Navigator who was a Portuguese royal prince, soldier, and patron of explorers. Prince Henry summoned Paglo, and thanks to his generous funding, sent him on an expedition around Africa's Cape of Good Hope in 1460 to trade for spices in India. A storm pushed him off his target, and he finally dropped anchor in what is now known as New Zealand.

He never did set foot in India, but in New Zealand he remains a hero for bringing the country its first sheep, and his birthday (April 1) is celebrated every year with giant mutton pies. A growing movement has petitioned the government to officially establish the day as a national holiday — Dandy Mutton Day, in reverent appreciation for Paglo. On the eve of March 31 each year, children leave tiny bales of hay in their family rooms, hoping for the safe return of his ghost to their home and a flock of sheep for their family. Those who have been good the preceding year and have prepared fresh bales receive a bowl of lamb stew and freshly-knit wool socks and sweaters from their parents. But poor behavior and unkempt bales is frowned upon as a sign of disrespect, and these unfortunate kids receive a clump of manure.

And this is what the company does:

Paglo is a search engine for IT that specializes in searching the complex and varied data of IT networks, and in returning rich data reports in table and chart formats, as well as simple text hit lists.

As someone who was smitten with search engines ever since the early days of Lycos, WWWW and Inktomi, I was naturally highly receptive to this approach. Search has become the optic through which we see the digital world; applying it not just to traditional information, but also to corporate IT data is eminently sensible.

Things only got better when I found out that the search engine crawler was open source (GNU GPL to be precise). This makes a lot of sense. It means that people can add extra features to it to allow discovery of all kinds of new and whacky hardware and software through the use of plugins; it also means that people are more likely to trust it to wander around their intranets, gathering a lot of extremely sensitive information.

That information is sent back to Paglo, encrypted, where it is stored on their servers as a searchable index of your IT assets that can be interrogated. Now, obviously security is paramount here. I also worry about people turning up with a sub poena: after all, those search indexes will provide extremely useful information about unlicensed copies of software etc.; Paglo, not surprisingly, doesn't think this will be a problem.

There are other interesting aspects of Paglo, including its use of what it calls "social solving":

We do this by allowing all users to save their search queries and publish them for anyone’s use. The elegance here is that you can immediately access any query that’s been saved and made public, and run it against your own data. (Only the query syntax is published. The data itself, of course, is private to each user.) This is especially helpful when you need a query that searches out a complex relationship – such as between users and the applications they have installed on their desktops – and you do not know where to start. The permutations are endless, but since the core concept is the same, any saved query can be used against any set of network data.

But in many ways, the most interesting aspect of Paglo is its business model:

We are maniacally focused on delivering the most value, for the most users, as quickly as possible. To achieve this, we are removing barriers to getting started (like complex installation and cost) and making the service convenient to use. Our experience and the history of the Internet tells us that lots and lots of thrilled users of a free service are much more valuable than a handful of paying customers. If we are successful, you will love Paglo, use it daily, and tell your colleagues and friends.

Yup, that means that they don't have one, but they're really, really sure that if everyone uses them, they can find one. Of course, that's precisely what Google did, so there are precedents - but no guarantees. Let's hope the final business plan proves more credible than the explanation of the company name.

When Oink Went to Piggy Heaven

Here's a wise post on why it is utterly pointless pursuing P2P services and their associated tracker aggregation sites:

What effect has this attack on tracker sites had? Well, to use the example of Oink, it has been entirely negative for the mafiaa. I didn't know what Oink was, as I had never heard of it, until it was busted. I now do know the names of the two successor sites now based on news reports of what happened after Oink went to piggy heaven. Should I ever care, I now know where to go for illegal torrents. I suspect there are several million more like me who were handed a roadmap by just about every IT news site out there, along with the news that absolutely zero people using the site were busted along with the ops. Can you say own goal?

Interestingly, what this comes down to is access to information: thanks to the Internet you and I have as much - often more - clue as to what's going on everywhere than the traditional news gatekeepers.

GNU Affero GPL: Second Draft

One of the vexed questions in the free software world is what should be done about software as a service, when the service is based on free software:

All versions of the GPL allow people to use modified version of the software privately without being obliged to make their modified source code available to anyone. When people put software on a public server, the question is less clear: is that private use or public use? This was called the "software as a service" issue, or "SaaS".

The FSF's answer is a special licence, known as the GNU Affero GPL, which is now in its second draft.

Modular Magazines

After modular books, now this:

Google may soon begin to offer users the ability to create customized, printed magazines from Internet content. And print ads included in the magazine would be customized, too.

The future is modular.

From Remix to Re-enactment

I wrote recently about the remix and it's relevance to an open content world. Here's an interesting exploration of remix's sibling, re-enactment:

Once you start thinking about the idea of re-enactment, you start seeing it everywhere. Maybe the argument could be made that we're in a cultural moment devoted to re-enactment. Much of what we write off as novelty can be put into this category. The Internet recently was excited about old people re-enacting iconic photos of the twentieth century; see also choirs of old people performing Sonic Youth's "Schizophrenia". Or choirs of small children doing much the same. But less ironic presentations abound: off the top of my head, Japancakes just released a note-for-note country-inflected cover of Loveless, My Bloody Valentine's seminal drone-rock record. Going further, German new music ensemble Zeitkratzer has played and recorded Lou Reed's Metal Machine Music. Tom McCarthy's excellent recent novel Remainder concerns a wealthy man who maniacally reenacts scenes; McCarthy springs from the art world, which has been interested in re-enactment for a while. Examples spiral on ad infinitum. But there seems to be something in us that wants to see or hear what we've seen or heard before again.

These are quickly composed thoughts, and I'm ignoring a great deal; parsing the difference between re-enactment and adaptation could be fiendishly complicated, as might be the role of copyright in all of this, etc. I'll simply tie this back to the Communist Manifesto problem. I think it's become apparent that we're no longer reading texts in isolation: now when we read Hamlet, digital media has made it possible to read any number of possible versions at the same time. The archive presents us with an embarrassment of riches, though I suspect that we still lack the tools to let us make sense of the pile: both to make sense of the growing number of versions of texts and to usefully compare versions. The Wooster Group's Hamlet can be seen as a close reading of the 1964 Hamlet. But such a one-to-one reading might just be the tip of the iceberg.

What made this particularly apposite for me is that I've been watching Kenneth Branagh's film version of Hamlet, and the sense of hearing a hundred other uses of Shakespeare's famous lines is very strong, and makes the film feel, indeed, like a re-enactment rather than a performance, brilliant as it is.

Asking Ashley

For those following the iPlayer debate, Groklaw has put up perhaps the best interview with Ashley Highfield so far:

the long-term alternative solution is a world beyond DRM and how we can work together, particularly with our rights holders, to get to a world beyond DRM.

Das ist Ja Doof!

Many years ago the last major British computer manufacturer ICL launched One Per Desk, one of the craziest early computers ever. It was based on the famous Sinclair QL - as used by one Linus Torvalds - and had small tapes instead of disc drives (no, they never worked). But what was most striking about this misbegotten device, was the name of one of the rebadged versions, which came from BT. It was called Tonto - Italian and Spanish for "stupid."

Well, the meme lives on:

Doof, a new London-based startup went into public beta at the beginning of October offering casual gaming wrapped-up with social networking in a good-looking package.

"Doof" is German for "stupid"....

Kindling a Conflagration

There's one of Steven Levy's finer big pieces in Newsweek about Amazon's new Kindle e-book device. It all sounds pretty cool, but for me the real showstopper is the following:

Publishers are resisting the idea of charging less for e-books. "I'm not going along with it," says Penguin's Peter Shanks of Amazon's low price for best sellers. (He seemed startled when I told him that the Alan Greenspan book he publishes is for sale at that price, since he offered no special discount.) Amazon is clearly taking a loss on such books. But Bezos says that he can sustain this scheme indefinitely. "We have a lot of experience in low-margin and high-volume sale—you just have to make sure the mix [between discounted and higher-priced items] works." Nonetheless the major publishers (all of whom are on the Kindle bandwagon) should loosen up. If you're about to get on a plane, you may buy the new Eric Clapton biography on a whim for $10—certainly for $5!—but if it costs more than $20, you may wind up scanning the magazine racks.

What planet are these people on? Amazon is shipping electrons - well known for being rather cheap (here, take a few trillion for free). When you buy a book, you're buying mashed-up trees that cost something (which in fact cost rather more than you pay). E-books will never take off until publishers are prepared to throw their analogue business models on the fire.

Update: Almost needless to say, Kindle is powered by GNU/Linux.

Poland: Not Just Plumbers

In the UK the Polish plumber has become a staple figure of merriment, if not fun (after all, nobody wants to make fun of someone as important as a plumber.) More generally, there are supposed to be around 600,000 recent Polish immigrants, more or less keeping the UK economy going. (As a corollary, the number of signs and job vacancies in Polish is also shooting up.)

Now it seems that Polish programmers are just as important globally:

Recently, I moderated an interesting panel held at Stanford university at the Hoover Insititution, on the subject of Poland's growing role in the global tech community. Over the past few years Dell, Google, Hewlett-Packard, Intel, IBM, Motorola, Siemens, and others have opened engineering offices in Poland.

Internalising Externalities

One of the problems with most everyday economics is that pollution tends to be regarded as an externality:

An externality occurs when a decision causes costs or benefits to third party stakeholders, often, although not necessarily, from the use of a public good. In other words, the participants in an economic transaction do not necessarily bear all of the costs or reap all of the benefits of the transaction. For example, manufacturing that causes air pollution imposes costs on others when making use of public air.

But externalities have a habit of coming home to roost:

China's rising energy demand isn't just leaving its mark on the country's heritage. Every 30 seconds, an infant with birth defects is born in China, according to Jiang Fan, deputy head of the country's National Population and Family Planning Commission. The rate of birth defects nationwide has soared 40 percent in the past five years, from 105 defects per 10,000 births in 2001 to nearly 146 in 2006. The problem now affects nearly 1 in 10 Chinese families, the Commission stated in a recent report .

Birth defect rates are highest in the northern province of Shanxi, an area that is also home to some of China's richest coal resources. "The incidence of birth defects is related to environmental pollution," An Huanxiao, director of Shanxi's provincial family planning agency, told Xinhua News. "The survey's statistics show that birth defects in Shanxi's eight large coal-mining regions are far above the national average."

Tragedy and Travesty of the Commons

One of the key features of digital commons - like free software or science - is that there is no tragedy in the classical sense: it is impossible for users to "overgraze" a digital commons in the way they can a physical one.

That analogue tragedy can even by caused by the selfish actions of just one player. A case in point is the cetacean commons, which a few decades ago came perilously close to the ultimate tragedy: total destruction. That, happily, was avoided, but there are still a few benighted groups who insist on taking for themselves what belongs to all.

Worse, that selfishness is escalating:

A Japanese whaling fleet has set sail aiming to harpoon humpback whales for the first time in decades.

The fleet is conducting its largest hunt in the South Pacific - it has instructions to kill up to 1,000 whales, including 50 humpbacks.

This extraordinary display of contempt for the global community is compounded by a further insult. The "justification" for this pointless slaughter is given as:

killing whales allowed marine biologists to study their internal organs

What, you mean to find out if they have a brain, unlike the whalers who insist on hunting endangered species back to the brink of extinction?

Not so much a tragedy of the science commons as a travesty.

Some is Rotten in the State of Copyright

Nicely put:

By the end of the day, John has infringed the copyrights of twenty emails, three legal articles, an architectural rendering, a poem, five photographs, an animated character, a musical composition, a painting, and fifty notes and drawings. All told, he has committed at least eighty-three acts of infringement and faces liability in the amount of $12.45 million (to say nothing of potential criminal charges).50 There is nothing particularly extraordinary about John’s activities. Yet if copyright holders were inclined to enforce their rights to the maximum extent allowed by law, he would be indisputably liable for a mind-boggling $4.544 billion in potential damages each year. And, surprisingly, he has not even committed a single act of infringement through P2P file sharing. Such an outcome flies in the face of our basic sense of justice. Indeed, one must either irrationally conclude that John is a criminal infringer—a veritable grand larcenist—or blithely surmise that copyright law must not mean what it appears to say. Something is clearly amiss. Moreover, the troublesome gap between copyright law and norms has grown only wider in recent years.

(Via Boing Boing.)

Creative Commons Discovers Dual Licensing

I missed this before:

This is the CC+ project. An artist, for example, can release her work under a CC Attribution-Noncommercial license, but then, using the CC+ infrastructure, enable those who want commercial rights (or anything else beyond the freedoms granted in the license) to link to a site that can provide those other rights. In this way, CC now helps support a hybrid economy of creativity. We provide a simple platform to protect and enable those who want to share; and we’ve built a simple way to cross over from that sharing economy for those who want to profit from their creativity.

Er, yes, this is called dual licensing in the open source world....

Modular Books

Modularisation is one of the key elements of open processes: so why can't we have modular books? Well, we can, up to a point:

On Wednesday, the Arizona community college announced a partnership with Pearson Custom Publishing to allow Rio Salado professors to piece together single individualized textbooks from multiple sources. The result, in what could be the first institution-wide initiative of its kind, will be a savings to students of up to 50 percent, the college estimates, as well as a savings of time to faculty, who often find themselves revising course materials to keep pace with continuously updated editions.

However, this is only with texts from one source: imagine if you could do this with *any* text. (Via if:book.)