EU JURI Committee Go Mad on Copyright

Oh no: the European Parliament's JURI committee has collectively lost its marbles and produced an incredibly one-side report on copyright. Here are its highlights:

* graduated response: The report recommends "three strikes" schemes against unauthorised file sharing for all Europe, including cooperation with ISP based on denunciations by the entertainment industries (points 31, 37)

* Internet content filtering: The recommendations ask for the deployment of technologies for filtering content "for identification and recognition, [...] with a view to distinguishing more easily between legal and pirated products" that totally contradicts the very nature of Internet. (point 35)

* Internet access providers liability: the report "Invites reflection on the responsibility of internet access providers in the fight against piracy;" including the objective of making service providers liable for content published by their users. (points 32, 36, 37)

* Denial of copyright exceptions: its conclusions on copyright exceptions are anticipating the result of the public consultation launched by the European Commission on "Copyright in the knowledge economy" by stating that any reform of the 2001 copyright Directive is undesirable, that the existing regime for copyright exceptions is undesirable, and that there is no need for new exceptions. This archaic position undermines creativity, interoperability, and innovation. (points 3, 20, 23, 25)

This is massively retrogressive, and takes no account of everything that has happened online for the last ten years.

Please write to your MEPs now, asking them to reject the Medina report when it comes up for a vote. I know from personal experience how effective this is.

What Mr. Lammy *Still* Does Not Get

Surpising - but good - news if true:

Internet service providers will not be forced to disconnect users who repeatedly flout the law by illegally sharing music and video files, The Times has learnt.

Andy Burnham, the Culture Secretary, said last year that the Government had “serious legislative intent” to compel internet companies to cut off customers who ignore warnings not to pirate material.

However, in an interview with The Times, David Lammy, the Intellectual Property Minister, said that the Government had ruled out legislating to force ISPs to disconnect such users.

The reasoning is notable:

Speaking ahead of the publication of a report on the future of Britain's digital industries, Mr Lammy said that there were very complex legal issues wrapped up in enforced disconnection. He added: “I'm not sure it's actually going to be possible.”

Spot on. I hope this also means that the UK will be voting against any attempts to bring this in at a European level.

Given this understanding, I was disappointed with the following from Mr Lammy:

Mr Lammy, who has begun a big consultation entitled Developing a Copyright Agenda for the 21st Century, said that there was a big difference between organised counterfeiting gangs and “younger people not quite buying into the system”. He said: “We can't have a system where we're talking about arresting teenagers in their bedrooms. People can rent a room in an hotel and leave with a bar of soap - there's a big difference between leaving with a bar of soap and leaving with the television.”

I quite agree about the difference (and support legal action against criminal counterfeiting gangs), but it's got nothing to do with bars of soap. This metaphor perpetuates the erroneous idea that infringing on copyright is simply stealing - albeit stealing bars of soap. It is not only legally totally different, it is conceptually totally different in the case of digital files, as in the present situation.

If I steal a bar of soap from a hotel (heaven forfend), the hotel no longer has the soap; it incurs a real loss from something being taken away. If I make a digital copy of a file, nobody loses that file; nothing has been "taken".

The correct - and important - question is whether the copyright holder loses at at any point. That comes down to the simple arithmetic of whether people making unauthorised copies of music increase or decrease the number of copies that are later sold.

The evidence seems to be the former - the idea being that unauthorised copies function as marketing for the "real" thing. This means that the music industry should actually encourage such copies, since ultimately they will reap the benefits - just as the Monty Python crew have done:

when Monty Python launched their channel in November, not only did their YouTube videos shoot to the top of the most viewed lists, but their DVDs also quickly climbed to No. 2 on Amazon's Movies & TV bestsellers list, with increased sales of 23,000 per cent.

As has been said before, the greatest loss to artists comes not from unauthorised copying, but from not reaching as much of your potential audience as possible, as easily as possible.

It's great to see Mr Lammy taking a reasonable line here, but it would be even better if he understood the profound difference between analogue and digital, and between rivalrous and non-rivalrous goods, that lies at the heart of this whole discussion.

Microsoft's Future: as a Games Company

News that for probably the first time Microsoft would be making significant numbers of its workforce redundant has inevitably been picked up and chewed over widely. In truth, the net numbers of job losses are low – a couple of thousand, allowing for new intakes. What's really noteworthy is the underlying reason for those losses: that the cracks in the Microsoft empire are finally becoming evident to even the most myopic of observers.

On Open Enterprise blog.

UK Government *Is* Experian

William Heath on the Experian scandal:

Experian has a “Mosaic” view of the world which involves grabbing as much data as possible and then crudely lumping people into blocks, rather like a fly looking at the world through compound eyes. The danger is they flog this to Whitehall departments and local authorities which rely on this computerised kaleidoscope to make decisions that affect people’s lives.

It's actually worse than that. The "mosaic" view is already deeply embedded within the UK government's mindset: that's why they keep on setting up these huge, unworkable database projects, and then propose linking them together.

It's not a matter of Labour peers allegedly being corrupted by Experian; the problem is that the UK government has gradually *become* Experian.

Seven things people didn't know about me...

...And probably didn't want to. Thanks to that nice Mr Mark Surman, I have been not only tagged but also subjected to fiendishly-clever emotional blackmail in the accompanying email:

I realize this is corny. But corny can be fun. This kind of fun is something I dare you to have.

The rules are:

Link to your original tagger(s) and list these rules in your post.


Share seven facts about yourself in the post.


Tag seven people at the end of your post by leaving their names and the links to their blogs.


Let them know they’ve been tagged.

Sigh. So, here goes:

1. As I child, I kept frog spawn (still abundant in those far-off days), fascinated by the extraordinary metamorphosis it underwent. Once, among the many froglets that emerged, one had six legs, and two had five (all extra forelimbs.)

2. At primary school, I was one of the ugly sisters in “Cinderella”. I still remember the rather fetching pink and lime-green dress that I wore.

3. I spent most of my free time at secondary school playing bridge. Unfortunately, I used the Blue Club system, which, according to Wikipedia, is no longer popular, making it even more of an utter waste of time.

4. I was Senior Wrangler in the 1977 Tripos. Barely anyone knows what that means; even fewer care. 100 years ago, it would have guaranteed me a pampered college fellowship for life. I regard it as lucky escape.

5. My first post-university job was as a maths supply teacher for 30+ 15-year-olds in Catford, South London, most of whom were larger than me, but rather less interested in mathematics than I was. I lasted two months before being escaping to publishing.

6. I was taken off a train at near-gunpoint in Belarus for travelling without a transit visa. At 5 o'clock in the morning. I then had to rush to the immigration office attached to the Grodno border station and get a visa before the waiting train left for Vilnius with all my luggage on board.

7. I am powerless in the presence of honey-roasted cashews. An interesting case of where traditional mathematics breaks down, and 1+1=3.

The rules say I must now pass on this poisoned chalice to others, but unlike Mark I won't add any pressure: please feel free to ignore if you wish, or have already been tagged – I did search, but happily Google is not yet omniscient.

The names below are all key people in the UK world of openness in various ways, and I think it would be interesting to find out more about them. They are (in alphabetical order):

OpenStreetMap's Steve Coast

Open data defender Peter Murray-Rust

Alfresco's John Newton

Sun's Simon Phipps

BT's JP Rangaswami

Boycott Novell's Roy Schestowitz

Open government enthusiast Tom Steinberg

The UK Government is at it Again

You would have thought the smack across the knuckles delivered by the public over their attempt to hide MP's expenses from scrutiny would be enough for the UK government's ministers, but oh no, they're up to their old tricks:

Hidden in the new Coroners and Justice Bill [2] is one clause (cl.152) amending the Data Protection Act. It would allow ministers to make 'Information Sharing Orders', that can alter any Act of Parliament and cancel all rules of confidentiality in order to use information obtained for one purpose to be used for another....

On Open Enterprise blog.

Change in How Change Happens

Another cracking post from Kevin Kelly:

Of all the tricks that evolution came up for increasing its evolvability none compare to minds. Minds – and not just human minds – bestow on life a greatly accelerated way to learn and adapt. This should not be surprising because minds are built to find answers, and one of the key things to answer might be how to learn better, quicker. If what minds are good for is learning and adaptation, then learning how to learn will accelerate your learning. Even though most of the learning a mind does is not transferred directly into biological evolution, there are several ways in which minds accelerate evolution (see the Baldwin Effect), even in the lower animal kingdom. So the presence of minds in life has increased its evolvability; the discovery of mindness has driven evolution in many new directions while also creating a new territory to explore – the territory of possible minds.

The most recent extension of this expansion is technology. Technology is how human minds explore the space of possibilities. We power our minds via science and technology to make possible things real. More so technology is how our society learns and introduces change. It is almost a cliché to point out that technology has brought as much change on this planet in the last 100 years as life has in the last billion years.

Ray Kurzweil can provide you with dozens of graphs charting the accelerating change brought about by technology in the last 100 years or so. From the speed of computers, the bandwidth of communications, the power of engines, the yield of crops – all are accelerating in performance. Change is this century's middle name.

But meta-change is not about acceleration itself; it is not about faster change. Rather, the acceleration of evolution or increased evolvability is about the change in the nature of change. The basic mechanism by which our collective minds – as expressed by technology – adapt and produce change is undergoing a shift. In fact the most important change at work in our world right now is "the change in how change happens."

"Change in how change happens": that's a pretty good description of what openness is doing. It has changed *how* we change. It's also what we need to achieve on a *planetary* scale if was are going to save much of the world as we know it. It doesn't get much more profound than that.

Release of Eclipse Grid/Cloud Computing Tool g-Eclipse

As you may have noticed, one of the hottest buzzwords currently is cloud computing. Eclipse, on the other hand, is *still* one of open source's greatest secrets – hugely ambitious and gaining ever-wider support. Put the two together, and you get g-Eclipse, whose first major release has just appeared....

On Open Enterprise blog.

Intellectual Monopolists on the Back Foot

Given the constant cacophonous blaring of propaganda from the intellectual monopoly lobby, it's sometimes hard to tell whether we're making any progress in opening people's eyes to the evils of this approach. But here's heartening evidence from those same monopolists that we're having a big effect:

In October, US Chamber of Commerce President Tom Donohue announced that the GIPC, which had previously been focused on counterfeiters, would rise to the challenge of what the chamber characterised as a “second threat [from] a growing movement of anti-IP activists drawn from universities, foundations, non-governmental organisations (NGOs), ideologically driven interest groups, and even governments.”

These anti-IP activists, the chamber said, were annually spending tens of millions of dollars on an agenda to minimise intellectual property rights.

This is extraordinary. It equates those who wish - legitimately - to minimise intellectual monopolies as the moral equivalents of counterfeiters. In other words, the intellectual monoplists seem to regard *any* threat to their fat-cat lifestyle as illegal, almost by definition.

The good news is that by identifying those against intellectual monopolies as this "second threat" on a par with counterfeiting is proof of just how successful we are becoming.

We are winning, people: spread the word - and up the pressure. (Via Techdirt.)

BlackBerry to Support OpenDocument Format

One of the biggest barriers to introducing new, open formats like ODF is the lock-in of platforms to Microsoft's dominant Office formats. This makes winning support for as many different environments as possible critically important, because it removes what might be an insuperable obstacle to rolling out ODF within a company.

Against that background, this apparently minor announcement could be quite significant for the uptake of ODF in enterprises....

On Open Enterprise blog.

As I Was Saying...

I just knew this was coming:

Labour and the Tories left the door open today for a future move to exempt the full details of MPs expenses from the Freedom of Information Act.

They just cannot contemplate letting us see what they do.

Against Monopoly: Microsoft's Decline

I'm a big fan of the Against Monopoly site authors; here's a bold prediction from one of them:

Always in the past when software with substantial installed base has finally been supplanted the fall has not been gradual: Lotus and Wordperfect went from world-beaters to also rans in just a few years. I think Microsoft may surprise us by falling equally fast. There may not be much left in two years time.

Mobilising Open Source

I've been wittering on about open source mobiles for ages, but here's someone who actually knows what he's talking about:

Whether it be the proliferation of phone development activity around Google’s Android stack, the phenomenal operator gravitation toward the LiMo Foundation, or Symbian’s intriguing announcement to open source its end-of-life cycle stack, the mobile industry is breaking out of the traditional controlled development environment to favor collaboration that accelerates innovation. The use of open source software in mobile is exploding from the operating system all the way up to the user experience, and Linux-based open source stacks are moving well beyond alpha stage with backing by industry heavy weights.

This post is in the context of the Mobile World Congress being held in Barcelona in February:

26 years after GSM was created to design a pan-European mobile technology, Mobile World Congress number 13 is set to take place in Barcelona in February. This time around, as they did when GSM World Congress was first held in Madrid in 1995, mobile network operators will dominate the scene.

Next month, however, the topic of discussion will not be new network deployments, or the latest traunch of jazzy new devices, or the next best application. Rather, Open Source will be topic Number 1 on the operator agenda in 2009.

Good to hear it.

Memo to Gordon Brown...from Barack Obama

In the light of Gordon's recent wobbly over our Freedom of Information Act, lets hope he reads carefully the following memo from his new mate Obama:

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, "sunlight is said to be the best of disinfectants." In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of
the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

"In the face of doubt, openness prevails": couldn't have put it better myself. (Via EFF.)

DRM's Deathmarch

Nice post from Ed Felten summarising the slow but unstoppable death of DRM. Telling tidbit:

it's interesting to see traditional DRM supporters back away from it. RIAA chief Mitch Bainwol now says that the RIAA is agnostic on DRM. And DRM cheerleader Bill Rosenblatt has relaunched his "DRM Watch" blog under the new title "Copyright and Technology". The new blog's first entry: iTunes going DRM-free.

If your best friends don't even want to know you, you know you're in trouble....

Why Google Open Sources its Gadgets

From the horse's mouth:

# Source code can be a valuable learning tool. The gadgets not only show you how to develop Desktop gadgets, integrate with Google APIs, but also provide other tidbits of knowledge such as how to calculate phases of the moon or StarDates.

# The images and graphics are also Open Sourced. Being an engineer, I know how frustrating it is to work hard on an application only to have it dismissed because of hand-drawn stick figures and shapes. We hope people can take advantage of our graphic designers' talents. If you're a fan of clocks, I have something right up your alley.

# We get warm fuzzy feelings by simply supporting the cause. It fosters a spirit of openness and collaboration between the team and developer community.

They even conclude:

To summarize, I'd encourage community members to consider opening your projects, even smaller ones. These fancy search engines nowadays are quite good about picking up code, and your algorithms and graphics can help someone in need.

After the U-turn...

MySociety founder Tom Steinberg is optimistic in the wake of the UK government's U-turn on MPs' expenses (assuming it lasts):

This is new, and it reflects the fact that the Internet generation expects information to be made available, and they expect to be able to make up their own minds, not be spoon fed the views of others. This campaign was always about more than receipts, it was about changing the direction of travel, away from secrecy and towards openness.

Well, here's hoping.

There are Many Ways to Skin a... Netbook

Good point here:

Even if manufacturers may be getting smaller margins on netbooks, I suspect they will add skins, cool designs and other less technical features to help sweeten their profits.

This, together with the addition of 3G plans, means that netbooks are becoming more like mobiles.

Microsoft's Cunning Plan: DRM Costs More

You've got to give it to Microsoft: they really think outside the box. After all, who else would have come up with the brilliant wheeze of justifying prices that were over the odds for mobile downloads by adding that super-useful, super-popular feature of DRM?

The paid-for MSN Mobile Music service, launched in partnership with London-based VidZone Digital Media, offers tracks for £1.50, ringtones for £3 and videos for £2 from http://www.msn.co.uk

...

The prices seem steep in comparison with other paid download sites around: market leader iTunes, which will soon allow 3G iPhone users to buy songs, commonly offers single tracks for £0.79, while Amazon.co.uk goes as low as £0.59 for recently released singles. And Musically.com points out that unlike those download services, MSN Mobile tracks are not DRM-free. A message on the help section of the site reads: "When you purchase the music, you get unlimited plays for the content whilst it remains on the device. At this stage, you cannot transfer your music to another device or PC."

Sounds like a winner to me.

MPs' Expenses Not Secret - Yet...

Looks like a reprieve more than a pardon:

Gordon Brown today retreated from plans to exempt MPs expenses from the Freedom of Information Act.

The surprise announcement made during prime ministers questions follows the collapse overnight of a bipartisan agreement between Brown and David Cameron, the Tory leader.

...


Brown told MPs: "We thought we had agreement from the parties and we will continue to have discussions with all parties until we have agreement."

Still, maybe shows that writing to MPs has *some* effect.

Scott McNealy Writing Gov Paper on Open Source

Hmm, not sure whether this is totally good news:

The secret to a more secure and cost effective government is through open source technologies and products.

The claim comes from one of Silicon Valley's most respected business leaders Scott McNealy, a co-founder of Sun Microsystems.

He revealed he has been asked to prepare a paper on the subject for the new administration.

"It's intuitively obvious open source is more cost effective and productive than proprietary software," he said.

"Open source does not require you to pay a penny to Microsoft or IBM or Oracle or any proprietary vendor any money."

Well, that's all true, but is McNealy really the person to give this message? He was always very ambivalent about open source during his time as boss of Sun. I'd rather Jonathan Schwartz were writing that report....

Is the Open Standards Alliance Betraying Open Source?

Interoperability has always been at the heart of the Open Solutions Alliance. Here's what it's first president, Dominic Sartorio, told me just over a year ago...

On Open Enterprise blog.

Someone *Did* Tell Them About CC Licences

Last month I was whingeing about the inability to share pix from the wonderful "Someone Once Told Me" site. Good news, now you can:

All Images subject to Creative Commons

Thanks, chaps, I'm sure it will prove a good move.

The Convention on Modern Liberty - in Pictures

Those nice people from the Convention on Modern Liberty have pointed out that they have a selection of tasteful gifs for use on Web sites.

EU vs. MS: Same as it Ever Was?

You've got to admire the European Commission for its tenacity:

The European Commission can confirm that it has sent a Statement of Objections (SO) to Microsoft on 15th January 2009. The SO outlines the Commission’s preliminary view that Microsoft’s tying of its web browser Internet Explorer to its dominant client PC operating system Windows infringes the EC Treaty rules on abuse of a dominant position (Article 82)....

On Open Enterprise blog.