13 February 2009

What Mozilla's Bespin Bespeaks

One of the most interesting developments in the open source world is the way that Mozilla has changed in recent years. What started out as a (slightly shambolic) attempt to hack a decent browser out of the wreckage of the Netscape Communicator code, has turned into arguably one of the two or three most important forces in free software today (you can draw up your own list)....

On Open Enterprise blog.

O'Reilly's Got Bookworm(s)

To my shame, I'd not come across Bookworm before:

Bookworm allows readers to add ePub books to their online library and read them on their web browser or mobile device. If you have a portable device that supports ePub (such as the Sony Reader or iRex iLiad), you can download your books to put on your e-reader. Bookworm is specially optimized for use in the iPhone and can export directly to Stanza.

More to the point, it's open source, available under the BSD licence (and thus suitable for all commercial use, too).

Bookworm is now under the aegis of O'Reilly books, which seems appropriate. It's a good time for the project to receive more resources and a higher profile: ebooks are beginngin to take off, and it's important that there be a free reader that can benefit from that, and that we in the free software world can support.

12 February 2009

YouTube Goes Offline and CC

Not earth shattering, but a further vindication of the Creative Commons idea:

We are always looking for ways to make it easier for you to find, watch, and share videos. Many of you have told us that you wanted to take your favorite videos offline. So we've started working with a few partners who want their videos shared universally and even enjoyed away from an Internet connection.

Many video creators on YouTube want their work to be seen far and wide. They don't mind sharing their work, provided that they get the proper credit. Using Creative Commons licenses, we're giving our partners and community more choices to make that happen. Creative Commons licenses permit people to reuse downloaded content under certain conditions.

Music Copyright to be Extended to 95 years

Dammit:

Copyright term for music recordings must be extended from 50 years to 95 years, says legislation approved on Thursday by the Legal Affairs Committee.

Increasing the term of copyright protection would ensure that performers and producers continue to receive royalties for 95 years from the first publication or performance of their song, according to a Commission proposal backed by the committee.

But there's something odd here:

The approved report, drafted by Bran Crowley (UEN, IE), amends existing legislation to increase the copyright protection for music compositions on physical devices (i.e. digital forms are excluded) to 95 years.

Why the exclusion for digital forms? Is that meant as a sop?

It's not quite over yet, since I think there's still a vote that needs to take place. But don't hold your breath.

The Next Threat: the Community Patent

I've written extensively about the attempts to pass legislation allowing software to be patented in Europe. The main move was definitely blocked a few years back, and this has forced fans of intellectual monopolies to search for more devious ways of slipping them in. Here's the latest one, the Community Patent....

On Open Enterprise blog.

The Anti-Intellectual Monopolies Trust

Apparently, there's something called the Intellectual Property Education Trust, a UK registered charity, with lots of dosh to give away:

"The Intellectual Property Education Trust proposes to make a closing award in the region of £25,000 for the promotion of education in the field of intellectual property, and seeks applications from interested institutions.

The Trust was established in 1995 with the object to advance education and promote research in the law and practice of Intellectual Property. The Trust proposes to make a final substantive award with its remaining funds. Institutions interested in making an application for the award should first notify the Trust's secretary by phone (01458 270 882) or email by 28 February 2009 with an expression of interest, and should submit a formal application by 17 April 2009.

So long as the purpose of the application is within the above object of the Trust, there are no other limitations on the nature of the application. Thus the award may be given, purely by way of example, for the preparation of courses or course materials, the establishment of courses, the award of bursaries to assist students to attend courses, or the preparation of material to educate the public at large.

Maybe it's time to set up an Anti-Intellectual Monopolies Trust: anyone want to fund it?

11 February 2009

Belarus Opens Free Software Laboratory

Belarus is not a name that figures much in the world of open source. In part, it's a problem of breaking a vicious circle: until there's some activity in a country, it's hard to get more going. So this may help:

В Белорусском государственном университете открылась лаборатория по изучению свободно распространяемых операционных систем (систем открытых стандартов). Она создана на факультете прикладной математики и информатики в рамках сотрудничества с белорусской компанией "Открытый код" - бизнес-партнером ведущих мировых представителей Linux-решений.

[Via Google Translate: Belarusian State University opens lab to study the freely distributed operating systems (open systems standards). It was established at the Faculty of Applied Mathematics and Informatics in cooperation with the Belarusian company "Clear Code" - a business partner of leading representatives of Linux-solutions.]

The same post confirms the importance of establishing a base:

Как отметили в ВУЗе, такое быстрое внедрение невозможно без наличия квалифицированных кадров. Именно для этого на ФПМИ БГУ и открыта специализированная учебная научно-исследовательская лаборатория свободного программного обеспечения. На ее базе будет организовано изучение студентами операционной системы Linux, программных продуктов компании IBM (таких, например, как Lotus Notes и Tivoli), нашедших широкое применение в реальном сегменте ИТ-рынка.

[As noted in the university, such a rapid implementation is impossible without the availability of skilled personnel. At its base will be organized by students to study the operating system Linux, software company IBM (such as Lotus Notes and Tivoli), have found wide application in the real segment of the IT market.]
Let's hope this is the first of many such open source projects in Belarus.

India Fights Patents with Huge Prior Art Database

One of the many problems with the patent offices around the world is that they are often unaware of prior art, granting patents for so-called inventions that are, in fact, common knowledge. In the computer world, there have been a number of efforts to provide prior art to patent offices, either after a patent is granted, in order to have it rescinded, or – even better – as part of the examination process. That's fine for a community with easy access to online source materials, but what about other fields, where prior art exists in other forms like books, or perhaps orally?

This is a particularly thorny problem for the sphere of traditional medicine. Substances derived from plants, for example, may have been in use for literally thousands of years, and yet patents may still be granted – especially in Western countries ignorant of other ancient medical traditions.

Perhaps the best-known example of this is the case of turmeric, commonly used as a spice in curries, for which patents were granted in 1995 on its wound healing properties by the US Patent Office, even though these supposedly novel uses had in fact been known for millennia.

To combat this problem, and to prevent its huge traditional knowledge basis being exploited in this way, India has created the Traditional Knowledge Digital Library (TKDL) database, which was unveiled on 2 February, and is now available to the Patent Examiners at the European Patent Office for establishing prior art in case of patent applications based on Indian systems of medicine.

Here's some background information on how the database came to be created and was set up:


The genesis of this maiden Indian effort dates back to the year 2000, when an interdisciplinary Task Force of experts was set up by AYUSH and CSIR, to devise a mechanism on protection of India’s traditional knowledge. The TKDL expert group estimated that about 2000 number of wrong patents concerning Indian systems of medicine were being granted every year at international level, mainly due to the fact that, India’s traditional medicine knowledge exists in languages such as Sanskrit, Hindi, Arabic, Urdu, Tamil etc. and was neither accessible nor understood by patent examiners at the international patent offices due to language and format barriers.

The TKDL breaks these barriers and has been able to scientifically convert and structure the information available in languages like Hindi, Sanskrit, Arabic, Persian, Urdu and Tamil, in open domain text books into five international languages, namely, English, Japanese, French, German and Spanish, with information contents in 30 million A4 size pages, with the help of Information Technology tools and a novel classification system - Traditional Knowledge Resource Classification (TKRC).

This is a huge, multilingual resource – something that could only be put together with governmental support and resources. It is also fairly specific to the domain of traditional knowledge. Nonetheless, it's a great example of how an extensive prior art database can be created and then made readily available to the patent authorities in order to help prevent patents being granted unjustifiably. It's a pity that we are unlikely to see anything quite like it for other knowledge domains.

Yes He Can (Use Open Source)

Following the change of adminstration in the US, many are hoping for a more, er, open mind to open source. Some have decided to make a direct appeal via an open letter to the President on newly-created blog (a slightly strange choice of platform)....

On Open Enterprise blog.

10 February 2009

Dell Joins Netbook Race to Bottom

There are two schools of thought about netbooks. The first is that they are simply another kind of notebook - smaller, a bit cheaper, but otherwise nothing really new. The second is that they are a completely new market sector - a view that I have been propounding for almost as long as they've existed

One indication that they are distinct is that the prices of netbooks are still falling rapidly - and will continue to fall. That's in contradistinction to notebooks, where prices tend to be much more stable, but features are added over time. The netbook is about *minimum* acceptable functionality, while notebooks are about achieving near-desktop capabilities (themselves constantly improving) in a package that's portable.

Here's another proof-point:

Dell fires back at the Taiwanese market leaders with the Mini 9n. Starting at just $250, this Ubuntu netbook is easily one of the cheapest on the market from a brand-name manufacturer.

The catch? The netbook only comes with 512 MB of RAM and a 4 GB hard drive. But remember it uses Ubuntu, which runs significantly more efficiently than Windows. This means of course that it can only run Linux programs but give me Firefox and Open Office and I can conquer the world.

This is just what notebook manufacturers fear: a "race to the bottom", as Sony so memorably put it. Dell's participation in that race will send shivers down the spine of manufacturers who thought they could ride the netbook wave with their low-end notebooks.

Do I hear $200?

Help Fight This Patent-Encumbered IETF Standard

I've written numerous times about the importance of writing to governments about their hare-brained schemes, but this one is rather different. In this case, it's the normally sane Internet Engineering Task Force that wants to do something really daft. The FSF explains....

On Open Enterprise blog.

09 February 2009

Free The Postcode - Yes, *You* There

One of the most successful open projects is OpenStreetMap, which seeks to bypass the Ordnance Survey's stranglehold on geodata in the UK. It does this by enlisting the people - you and me - to recreate the maps that the OS guards, Fafnir-like, in its lair.

The success and simplicity of that approach suggests that it could be usefully applied in other circumstances where valuable public data is being kept proprietary by those hypnotised by the glint of gold. So I was delighted to learn about Free the Postcode:

The postcode database - which turns a postcode to a latitude/longitude and back - is not free in the UK. In fact, it's very expensive. The Post Office owns it and sells it to various companies that make use of it for things like insurance or parcel tracking. There are however many people who'd like to use it for non-profit purposes. Say you want to lay out events like free concerts / gigs on a map and you only have the postcode... you have to buy the database.

Instead, wouldn't it be nice if it was free like zipcodes are in the US? To do this, you have to have a number of people collaborating with GPS units who note positions and postcodes. Hence this site to collect that data.

The great thing about this project is that it is unstoppable: even if you wanted to, you couldn't prevent the majority of people from entering their drip of information, which means that the steady swelling of the cumulative ocean of data is equally ineluctable. This is what makes collaborative open projects so resilient: there is no one choke point that those who might object to its activites can attack.

So, basically, Mr Post Office, you're stuffed. (Via TechCrunch UK.)

Fedora as Basis of Russia's Operating System?

An interesting conversation took place recently:

Несколько дней назад в Минкомсвязи России прошла встреча с участием главы Минкомсвязи РФ И.О.Щёголева и директора европейского подразделения, вице-президента корпорации Red Hat Вернера Кноблиха. В ходе встречи было объявлено, что развитие свободного программного обеспечения в России – одно из главных направлений работы Министерства.

[Via Google Translate: A few days ago in Minkomsvyazi Russia held a meeting with the head of the Russian Federation Minkomsvyazi IO Schegolev and Director of the European division, vice-president of the corporation Red Hat Werner Knobliha.During the meeting it was announced that the development of free software in Russia - one of the main directions of the Ministry.]

It's good news that Red Hat has had the opportunity to talk to senior government officials about open source - in this case, at the ministry of communications - but what's much more important are the specifics mentioned in the story:

На встрече обсуждался широкий круг вопросов, касающихся развития рынка свободного программного обеспечения (СПО) и его практического применения в действующих системах. Отдельно отмечена важность создания российского сообщества разработчиков Russian Fedora, которое может послужить одним из шагов навстречу создания отечественной операционной системы. Министр отметил: «Мы считаем, что интеллектуальный потенциал российских специалистов таков, что в России можно вести не только сборку, но и полноценную разработку кода».

[The meeting discussed a wide range of issues related to market development of free software (ACT) and its practical applications in existing systems. Separately, the importance of establishing a Russian community of developers Russian Fedora, which could serve as a step toward the creation of the domestic operating system. The Minister noted: «We believe that the intellectual potential of Russian experts is that Russia can not only build, but a full-fledged development of the code».]

This seems to be a reference to the call for an independent Russian operating system, based on GNU/Linux, that I wrote about last month. The suggestion in the above post is that a step towards such an operating system would be establishing a Russian Fedora project, which would then allow Russian coders to contribute on a much larger scale than hitherto.

The fact that these talks have taken place is an indication that the idea of a national operating system for Russia - dismissed by some as fanciful - is under serious consideration. Let's hope Red Hat responded positively to the overtures.

(NB: For fast updates on this and similar stories, you can also follow me on Twitter at glynmoody.)

Do Top Hackers Have Too Much Money?

The announcement that one of MySQL's founders, Monty Widenius, was leaving Sun, was generally regarded as a pity, though no huge surprise, given the rumours that had been swirling since last year. But its impact was redoubled following the even more astonishing news that MySQL's boss, Marten Mickos, was also moving on; together, they inevitably sent shock-waves through the open source world. Most analysis has centred on the state of Sun, and whether these two high-profile departures mean that the MySQL acquisition was a mistake, or has already failed. But here, I'd like to look at a bigger question that these moves pose: do top hackers (and their managers) have too much money?

On Linux Journal.

How is This Happening Here?

I just cannot believe this stuff:

Having discovered what a useful tool [the 1997 Protection from Harassment Act] had become, in 2005 the government amended the act in a way that seemed deliberately to target peaceful protesters and smear them as stalkers. Originally you had to approach one person twice to be "pursuing a course of conduct"; now you need only approach two people once. In other words, if you hand out leaflets to passers-by which contain news that might alarm or distress them, that is now harassment. The government slipped in a further clause, redefining harassment as representing to "another individual" (ie anyone) "in the vicinity" of his or anyone else's home (ie anywhere) "that he should not do something that he is entitled or required to do; or that he should do something that he is not under any obligation to do". This is, of course, the purpose of protest. These amendments, in other words, allow the police to ban any campaign they please. Surreptitiously inserted into the vast and sprawling 2005 Serious Organised Crime and Police Act, they were undebated in either chamber of parliament.

So I am now forbidden from trying to convince anybody about anything. God help this country. Let's hope the Convention on Modern Liberty is the beginning of the end for this utter disgrace - don't forget to get your tickets. (Via B2fxxx blog.)

Open Tech 2009

Good to see more openness being spread around:


*What is OpenTech 2009?*

- Open Tech 2009 is an informal, low cost, one-day conference on slightly different approaches to technology, democracy and community. Thanks to 4IP for sponsoring the event.photo BY-NC by bill thompson

*What do we need?*

- Proposals from people who want to give a presentation, run a panel, organise a tutorial, or run a demo of something new and interesting on something that they think matters or getting people to help.

- Publicity - please blog this announcement, write a newspaper article, forward to mailing lists, and tell your friends!


What topics do we hope to cover?

- Mashups, open data and security
- Disaster politics and technology
- Future of media distribution
- Community engagement
- Democracy 2.0
- Highlights, lowlights and lessons learnt
- Long term thinking on big problems and massive opportunities
- Tutorials & Workshops - share what you know

- If you've got an interesting proposal that doesn't fit into any of the categories above, please send it in anyway!

It's on Saturday 4th July 2009 in Central London.

08 February 2009

The Torygraph's Tall Story

The Sunday Telegraph has shocking news:


Russia and China have been identified as having the most active spy networks operating in the UK but it is understood that some European countries are also involved in espionage attacks against Britain.

Details of the spy plots were revealed in a government security document obtained by The Sunday Telegraph which states that Britain is "high priority espionage target" for 20 foreign intelligence agencies.

Security sources have revealed that the list of foreign agencies operating within the UK includes Iran, Syria, North Korea and Serbia, as well as some members of the European Union, such as France and Germany, who have traditionally been regarded as allies.

The document, marked "restricted", warns that foreign spies are trying to steal secrets related to the military, optics, communications, genetics and aviation industries.

And what, pray, may these top-secret secrets be?

A Whitehall source told The Sunday Telegraph that Russia uses its massive spy network as an "extension of state power" in an attempt to "further its own military and economic base".

The source said: "If a country, such as Russia or Iran, can steal a piece of software which will save it seven years in research and development then it will do so without any hesitation.

Seven years? Seven??? The only thing that takes seven years' development comes from Redmond, US, not Reading, UK, and you can't give that away, judging by the sales figures of Vista.

This ludicrous idea rather undercuts the story's central assumption that there's *anything* high-tech worth nicking left in this country, let alone worth being pursued by half the secret services of the world. Risible.

07 February 2009

Enter the Lizard

Here's an interesting post from Mitchell Baker, Mozilla's boss, commenting on the EU's decision to investigate Microsoft for its Internet Explorer. It's mostly a useful statement of history and why Firefox on its own shouldnt be regarded as the solution to the problem. But for me the most significant portion is its conclusion:

I’d like to offer Mozilla’s expertise as a resource to the EC as it considers what an effective remedy would entail. I’ll be reaching out to people I know with particular history, expertise and ideas regarding these topics. If you’ve got specific ideas or concerns please feel free to contact me. I’ll post more as the discussion develops.

At a time when Microsoft is increasing its lobbying, and seeking to hire people specifically to monitor - and presumably fight - open source, it is absolutely vital that powerful organisations like Mozilla take the initiative by engaging directly with governments and other relevant bodies.

Too often free software has suffered from its decentralised, fragmented nature (otherwise a great strength); the existence of the rather anomalous Mozilla Foundation - well funded and highly organised - is a unique opportunity to support openness in a completely new way.

06 February 2009

Proof that Microsoft Now Fears for the Desktop

Hmm, lookee here: Microsoft wants to hire a Director, Open Source Desktop Strategy. Here are the details:

The Windows Competitive Strategy team is looking for a strong team member to lead Microsoft’s global desktop competitive strategy as it relates to open source competitors. Our team mission is to gather intelligence, create business strategies, and drive action in the marketplace for the Windows Client business. In this job, you will be asked to think strategically, put yourself in the mindset of our competitors, influence multi-million dollar marketing campaigns, and drive high-level executive thinking around business strategy.

As the Director of Open Source Desktop Strategy you will need to drive research and build holistic strategies across dynamic market segments like PCs, NetBooks, and mobile internet devices. You will be responsible for bringing our business strategy to life by discovering and sharing the market insights that set the foundation for our platform value dialogue with customers and the industry.

Nothing could say plainer that Microsoft now fears for the desktop. You don't appoint someone whose job is to lead a "global desktop competitive strategy" that embraces PCs, netbooks and mobile internet devices after years of assuming the desktop was yours forever unless you have a clear and vivid idea that there is a new and real threat in this sector. And you don't have to be a mind-reader to guess that Microsoft is thinking of GNU/Linux here.

The job would probably be quite attractive to people were it not for two killer responsibilities:

Create a rational set of proof points that promote Microsoft’s comparative value

Build a fact-based marketing plan that articulates the Windows Client value proposition to partners and customers

The problem is, of course, that there is no "rational set of proof points", and no facts on which to build a marketing plan. It will be interesting to see which masochist gets the job. I look forward to, er, analysing his or her attempts to square the circle. (Via Matthew Aslett.)

A Tale of Two Consultations

One of the running themes on this blog is the importance of engaging with the powers that be, specifically through responding to government and European requests for comments on proposals.

You would think that those putting together such requests would do everything in their power to maximise the feedback they receive, but alas that's not always the case....

On Open Enterprise blog.

05 February 2009

Fortify Jumps on the Meta Open Source Bandwagon

I've already noted my scepticism with regard to the Tories' pledge to go open. Although I applaud a move away from an increasingly closed, authoritarian UK government, my feelings are that it's a case of jumping on the trendy bandwagon of openness.

OK, so riding the waves is what politicians do. But they're not the only culprits: companies do it too. Here's a particular fine example, because it's not so much jumping on the bandwagon, as jumping on somebody jumping on the bandwagon....

On Open Enterprise blog.

Spot the Porkie Pies

I don't get all this:

On Wednesday, two British judges claimed that the US had threatened to stop sharing intelligence with the UK if it made public details of Mr Mohamed's treatment.

...


The foreign secretary said the UK would "never condone" torture.

And he denied the US threatened to "break off" security cooperation if its secret papers had been made public.

So that nice young Mr Miliband is essentially saying the judges lied? Or he is lying? Or what?

Convincing, not.

Vodafone's Little Boost for LiMo

Vodafone has picked U.S. software firm Azingo to develop Linux-based applications, the latest sign the world's largest wireless operator by sales is keeping Linux operating system LiMo as one of its key choices.

Privately held Azingo unveiled the deal on Thursday.

Vodafone, one of the founding members of mobile Linux foundation LiMo, has stressed the importance of cutting the number of different operating systems, raising some media speculation it could dump LiMo support.

"We are building their next-generation application strategy on that," Azingo Chief Executive Mahesh Veerina said in an interview.

Guido Arnone, director of terminals technology at Vodafone, said in a statement: "We (want) to develop cutting-edge applications for our mobile phones based on the LiMo platform."

Still hard to see how all this will pan out, but it's good that LiMo is moving forward. (Via @erwintenhumberg.)

Why HP's Mini 1000 Mi Edition is Important

Hp's new Mini 1000 Mi is starting to win plaudits all over the place. It's not hard to see why: it looks cool, has cool specs, and a decent price. But I think the really important element is the new interface that Hewlett-Packard has developed (more screenshots here):


HP's new Mobile Internet (Mi) software offers the online content and applications you want with just one click. Using the intuitive desktop, you can access email, internet, pictures, video, and music faster and more easily than ever.

Dashboard-style interface lets you personalize your Mini by adding favorite websites

Applications automatically launch when you power on – and web pages stay live and dynamically update while connected

Integrated HP MediaStyle provides quick access to photos, music & entertainment

Chat face to face with the built-in HP Mini Webcam

So what? you may ask: isn't that all pretty standard for netbooks these days. It is, and that's the point: one of the biggest names in computing has joined the fray, not by doing something completely different, but by recognising that it needs to follow the new norms.

The fact that HP has spent time and money developing its new interface argues that the company is serious about the GNU/Linux netbook sector. Its presence bespeaks a new maturity of the marketplace – and perhaps a heightened interest in open source at the company. It's also an indication of how vibrant this market is, and how it offers the chance for companies to be innovative in a way not possible with Windows-based offerings.

Is the EU Acting Duplicitously Over ACTA?

As I and many others have noted, the current negotiations over the Anti-Counterfeiting Trade Agreement (ACTA) are, on the one hand, shrouded in secrecy for the general public, while on the other, being conducted in close consultation with media industries. This leads to the doubly deplorable situation that an important treaty is being negotiated to favour a particular industry without allowing those most affected by it – the tax-paying public – to even offer comments on it.

One measure of the growing impossibility of sustaining this position was the release by the EU of its “fact sheet” on ACTA, last updated in January. This smooth-talking document attempts to assuage the concerns of the little people, assuring us:

ACTA is about tackling large scale, criminal activity. It is not about limiting civil liberties or harassing consumers.

ACTA will not go further than the current EU regime for enforcement of IPRs – which fully respects fundamental rights and freedoms and civil liberties, such as the protection of personal data: This Community acquis on IPR enforcement is without prejudice to national or Community legal provisions in other areas, in particular in the area of personal data protection, as regulated by the Data Protection Directive and the Directive on privacy and electronic communications.

ACTA is not designed to negatively affect consumers: the EU legislation (2003 Customs Regulation) has a de minimis clause that exempts travellers from checks if the infringing goods are not part of large scale traffic. EU customs, frequently confronted with traffics of drugs, weapons or people, do neither have the time nor the legal basis to look for a couple of pirated songs on an i-Pod music player or laptop computer, and there is no intention to change this.

Of course, in the absence of any details about what the treaty contains, it's hard to tell whether this is just palliative spin or not.

Fortunately, the sunlight of openness is beginning to pierce even the sepulchral gloom of the ACTA negotiation process, and leaks of its current text are beginning to seep out. The news is not good, as Michael Geist explains:

The Border Measures proposals are also still subject to considerable disagreement. Some countries are seeking de minimum rules, the removal of certain clauses, and a specific provision to put to rest fears of iPod searching customs officials by excluding personal baggage that contains goods of a non-commercial nature. The U.S. is pushing for broad provisions that cover import, export, and in-transit shipments.

The proposals call for provisions that would order authorities to suspend the release of infringing goods for at least one year, based only on a prima facie claim by the rights holder. Customs officers would be able to block shipments on their own initiative, supported by information supplied by rights holders. Those same officers would have the power to levy penalties if the goods are infringing. Moreover, the U.S. would apparently like a provision that absolves rights holders of any financial liability for storage or destruction of the infringing goods.

...

The Criminal Enforcement proposals make it clear that the U.S. would like ACTA to go well beyond cases of commercial counterfeiting. Indeed, their proposal would extend criminal enforcement to both (1) cases of a commercial nature; and (2) cases involving significant willful copyright and trademark infringement even where there is no direct or indirect motivation of financial gain. In other words, peer-to-peer file sharing would arguably be captured by the provision. The treaty would require each country to establish a laundry list of penalties - including imprisonment - sufficient to deter future acts of infringement. Moreover, trafficking in fake packaging for movies or music would become a criminal act as would unauthorized camcording.

Now, it may well be that the EU is fighting tooth and nail against the intrusive border control measure, and the criminalisation of P2P file sharing – both of which would certainly “limit civil liberties” and “harass” consumers. But the best way for the EU to demonstrate its bona fides would be to bring the negotiations out into the open.

It is clear that the scope of this treaty is far reaching: indeed, there is a clear attempt to use it to slip in very powerful clauses that would over-ride national and international legislation. This is simply unacceptable. Moreover, if it turns out that the EU is *not* fighting the above moves, it is nothing short of scandalous that it should be acting in such a duplicitous fashion over ACTA – in which case, those responsible for following this course should be called on to resign.