10 March 2013

Select Committee Inquiry into Clinical Trials Data

Back in November last year, I wrote about a particular class of open data - that regarding clinical trials data. I pointed out that of all open data, it is arguably the most important, because it can literally save lives - huge numbers of them. That post was by way of a taster for future columns - like this one - which touch on this area, since I believe it will become one of the most important battlegrounds for openness in the next few years.

On Open Enterprise blog.

Bizarre: Indian Government Orders Censorship Of One Its Own Sites

Techdirt has been tracking for some time the worrying moves in India that have involved censoring the Twitter accounts of journalists and political groups, or blocking sites. But this bizarre story from the Times of India goes beyond these in a number of ways

On Techdirt.

Armed UK Police Raid House Over Facebook Picture Showing Toy Weapon In Background

One of the reasons Techdirt rails against exaggerated responses to supposed terrorist threats is that it has caused police forces around the world to lose all sense of proportion -- literally, in the case of this UK story from the Daily Mail. 

On Techdirt.

The Continuing Disaster Of Open Government In Germany

Recently, Techdirt noted that the European "database right" could pose a threat to releasing public data there. But that assumes that central governments are at least trying to open things up. A splendid piece by Sebastian Haselbeck on the Open Gov Germany blog, with the self-explanatory title "German government screws up open data," underlines that things can fail because the government itself sabotages transparency moves. 

On Techdirt.

HADOPI May Be Succeeding -- In Driving French Customers To Dotcom's Mega

Last week, Techdirt reported on the news that falling numbers of P2P users are being trumpeted as a victory for HADOPI's "three strikes" approach in France, but that it is a hollow victory, since sales of recorded music are still dropping in that country. The French site Numerama points out something else interesting happening there (in French), as revealed by the following tweet from Kim Dotcom

On Techdirt.

Bhutan's Government: Gross National Happiness, Yes; Sense Of Humor, Not So Much

Aside from its spectacular location up in the Himalayas, the Kingdom of Bhutan is probably best known for eschewing measurements of Gross Domestic Product in favor of Gross National Happiness

On Techdirt.

Python Trademark At Risk In Europe: Python Software Foundation Appeals For Help

The open source programming language Python -- named after the British comedy series "Monty Python" -- became popular in the 1990s, along with two other languages beginning with "P": Perl and PHP. Later, they formed a crucial part of the famous "LAMP" stack -- the GNU/Linux operating system + Apache Web server + MySQL database + Python/Perl/PHP as scripting languages -- that underpinned many of the most successful startups from this time. 

On Techdirt.

Here's A Use Of Drones (Nearly) Everyone Will Like

It seems like every other headline is about drones these days -- drones being used in battle, drones being used by the police, drones as a threat to privacy. As we've noted before, it's easy to get the impression that drones are inherently evil, and should be made illegal or something (good luck with that.) But drones are simply a new kind of technology, largely made possible by Moore's Law and the dramatic reductions in size, weight and cost it has brought with it for electronic control devices. Like any other technology, drones can be used for all kinds of purposes, both good and bad. It's just that we have heard mostly about the more dubious ones. To remedy that, here's a heart-warming tale of how drones could tackle one of the most serious threats facing wildlife around the world: poaching

On Techdirt.

EU Data Protection: Please Write to MEPs Now

Last week I wrote about the revelation (to me, at least - maybe other people knew this was going on) that MEPs were simply cutting and pasting from lobbyists' proposals and presenting them as amendments to the important Data Protection regulation. I also suggested that readers might like to write to the UK MEPs involved, and ask about this. Several kindly did so, and sent me the reply, which came from Malcolm Harbour. Here's what he wrote:

On Open Enterprise blog.

Python in Peril - Please Help

Trademarks are a problem for free software, because there is a tension between a desire to encourage sharing of the software, and a need to ensure that people are not misled over what exactly that software is. For example, you don't want people distributing modified copies of your code claiming that it is your code, or that it is approved by you - in the worst cases, it might contain malware, for example.

On Open Enterprise blog.

BBC Attacks the Open Web, GNU/Linux in Danger

The Web is one of the most dramatic demonstrations of the power of openness, alongside free software, which not coincidentally runs most of it and the rest of the Internet. At the heart of that openness lies HTML, a completely open way of sharing information. So what would be a really stupid thing you could do to try to throttle that openness and innovation? Why, yes: adding DRM to HTML so that you can lock down Web page elements:

On Open Enterprise blog.

09 March 2013

IIPA Wants Canada And Spain On The 'Naughty' Special 301 List Even Though They Brought In Tough New Copyright Laws

Here on Techdirt, one of the things we look forward to each year is the comedy production known as the 301 Report, where the US makes the world line up in a row, and then names and shames all the naughty countries whose intellectual monopoly laws aren't outrageous enough. In advance of the official naughty list, there are helpful suggestions from the fans of monopoly maximalism, including the International Intellectual Property Alliance (IIPA), which has just released its 2013 demands. Mostly it's the usual suspects -- China, India, Russia etc. But there's an interesting change from the previous year's list: Canada has moved from the really naughty "Priority Watch List" to the only slightly naughty "Watch List". 

On Techdirt.

Will The ITU's Increasing Focus On Control And Surveillance Split The Internet?

Techdirt covered the WCIT circus in Dubai in some depth last year, since important issues were at stake. As many feared, after a moment of farce, it became clear that a serious schism in the ITU was opening up -- between those who wanted the Internet largely left alone to carry on much as before, with the possibly naïve hope that it might act as a vehicle of freedom, and those who wanted it regulated more closely, certain it could become an even better instrument of control. 

On Techdirt.

European Patent Office Gives Staff Bonus For Issuing Bumper Crop Of Patents: What Could Possibly Go Wrong?

The European Patent Office (EPO) is a curious body. Despite its name, it is not the patent office for the European Union (EU) in the same way that the USPTO handles patents in the US. As its history page explains

On Techdirt.

Europe's 'Database Right' Could Throttle Open Data Moves There

One of the more benighted moves by the European Union was the introduction of a special kind of copyright for databases in 1996: not for their contents, but for their compilation. This means that even if the contents are in the public domain, the database may not be. Thanks to a recent court judgment in France, this "database right" now threatens to become a real danger for the burgeoning open data movement in Europe (original in French). 

On Techdirt.

China's Censorship Hits Internet Users In Other Countries

It's hardly a surprise these days that Chinese Internet companies routinely self-censor what appears on their services: the world knows there's not much it can do about what happens within China's borders. But here's a disturbing story about how that censorship has started spreading further afield

On Techdirt.

How Lobbyists' Changes To EU Data Protection Regulation Were Copied Word-For-Word Into Proposed Amendments

Everyone knows that politicians are lobbied, sometimes massively. But it's rare to be able to track directly the detailed effects of that lobbying. That's why a new site called LobbyPlag is so interesting: it allows people to do precisely that in the case of the controversial data protection rules in the EU, which aim to regulate how personal information harvested from users of online services can be used. Naturally, many large Net companies -- mostly in the US -- are unhappy about these moves; some US diplomats are even talking of a possible "trade war" if the proposals go through in their current form. That's unlikely, not least because the lobbying is starting to pay off, as LobbyPlag's analysis makes clear. 

On Techdirt.

China Tries To Bolster Claim To Disputed Pacific Islands By Upgrading Mobile Coverage There

The Spratly Islands are some 750 reefs, atolls and islands in the South China Sea that are claimed variously by Brunei, the People's Republic of China, the Republic of China (Taiwan), Malaysia, the Philippines and Vietnam. That's largely because of the rich fishing grounds that surround them, and the possibility of significant oil and gas reserves nearby. 

On Techdirt.

EU Data Protection: Proposed Amendments Written by US Lobbyists

It's becoming clear that the lobbying around the proposed EU directive on Data Protection is some of the most intense ever seen - some activists have said it's even worse than during ACTA, while on the US side there's mutterings about starting a "trade war" if it's passed in its present form.

On Open Enterprise blog.

Digital Copyright Principles, According To The Davos Set

Maybe it's just me, but this year's annual meeting of the global elite at the World Economic Forum in Davos seemed particularly irrelevant. In fact, all those movers and shakers had packed up and flown off in their private jets before I had even noticed that they had flown in, and it's hard to detect much of a ripple from anything that happened there (or maybe I just move in the wrong circles....)
On Techdirt.

11 February 2013

Canada Denies Patent For Drug, So US Pharma Company Demands $100 Million As Compensation For 'Expropriation'

An increasingly problematic aspect of free trade agreements (FTAs) is the inclusion of investor-state provisions that essentially allow companies -- typically huge multinationals -- to challenge the policies of signatory governments directly. The initial impulse behind these was to offer some protection against the arbitrary expropriation of foreign investments by less-than-democratic governments. But now corporations have realised that they can use the investor-state dispute mechanism to challenge all kinds of legitimate but inconvenient decisions in any signatory nation. Here's a good example of how this provision is being invoked to contest a refusal by Canadian courts to grant a patent on a drug, as explained on the Public Citizen site: 

On Techdirt.

UK National Curriculum: A Level Playing-Field?

Just over a year ago, I reported on a remarkable speech by the UK Education Secretary Michael Gove that contained the following words:

On Open Enterprise blog.

NZ, Don't Make Our Mistake on Software Patents As Such

A couple of months ago, an MEP asked the European Commission an interesting question:

On Open Enterprise blog.

Another Terrible Idea From Russia: Using Whitelists To Control Access To The Internet

Techdirt has been reporting on a steady stream of bad tech ideas coming out of Russia, including content monitoring, banning children from using WiFi, anti-piracy laws requiring takedowns in 24 hours and -- of course -- site blocking. But such blacklists are too permissive for some Russians: over on Google+, Peter Lemenkov pointed out that one region is now introducing whitelists (original in Russian): 

On Techdirt.

Here's A Taste Of What Publishers Will Do If First Sale Rights For Foreign Goods Disappear

As Techdirt reported a few months back, the Supreme Court Justices seem rightly concerned about the "parade of horribles" -- things that would happen if the decision in the Wiley v. Kirtsaeng copyright case over whether or not you have the right to resell a foreign-made product you bought were applied generally. In the oral arguments, the line of Wiley's lawyer was essentially: nothing bad will happen, because copyright holders would never dream of using the decision to make outrageous demands. 

On Techdirt.

European Court Of Human Rights: No, Copyright Does Not Automatically Trump Freedom Of Expression

As many know, copyright had its origins in censorship and control. But over the last few hundred years, that fact has been obscured by the rise of the powerful publishing industry and the great works it has helped bring to the public. More recently, though, laws and treaties like SOPA and ACTA have represented a return to the roots of copyright, posing very real threats to what can be said online. That's not because their intent was necessarily to crimp freedom of expression, but as a knock-on effect of turning risk-averse ISPs into the copyright industry's private police force. 

On Techdirt.

10 February 2013

Copyright: Finally, the Evidence is Coming

Back in 2011, I noted that one of the most significant achievements of the Hargreaves report was its shockingly revolutionary suggestion that copyright policy should be based on the available evidence, not "lobbynomics". The fact that this even had to be said shows to what depths policy-making had sunk - something clearly demonstrated by the disgraceful Digital Economy Act, or the extension of copyright term for musical performances, both of which were passed despite the evidence, rather than because of it.

On Open Enterprise blog.

What's the next big platform for Linux?

Linux has a problem: it's running out of platforms to conquer. It's already the top operating system for smartphones and supercomputers, and is widely used in embedded and industrial systems. It's true the Year of the GNU/Linux desktop continues to be five years in the future, but the rise of tablets makes up for that in part. 

On The H Open.

First Big Pharma Company Announces Support For Clinical Data Transparency Campaign: Who's Next?

It would be something of understatement to say that the spiralling cost of healthcare has become a highly-charged political issue in the US (and elsewhere). But wherever people stand on the funding of medicine, there is an implicit assumption that it works, and is worth even the exorbitant prices that pharmaceutical companies may charge. Sadly, that's often not true. 

On Techdirt.

New UK Copyright Research Center Immediately Under Attack For Daring To Ask About Evidence

As Techdirt reported last year, some copyright maximalists in the UK seem to be against the whole idea of basing policy on evidence. Last week saw the launch of CREATe: Creativity, Regulation, Enterprise and Technology, a new UK "research centre for copyright and new business models in the creative economy." One of the things it hopes to do is to bring some objectivity to the notoriously contentious field of copyright studies by looking at what the evidence really says; so it was perhaps inevitable that it too would meet some resistance from the extremist wing of the copyright world. What's surprising is that it seems to have happened during the launch itself, as Paul Bernal, an academic who was there, reports: 

On Techdirt.

Japan Wonders Whether It Is Worth Joining TPP Negotiations After All

The Trans-Pacific Partnership (TPP) agreement began as a cosy treaty between just three nations: Chile, New Zealand and Singapore. But once the US joined in 2010, this small-scale partnership suddenly became something much more significant. As USTR Ron Kirk put it in a press release at the time

On Techdirt.

Bayer Fights India's Compulsory Licensing Of Cancer Drug By Claiming It Spent $2.5 Billion Developing It

Back in March last year, the Indian government announced that it was granting its first compulsory license, for the anti-cancer drug marketed as Nexavar, whose $70,000 per year price-tag put it out of reach of practically everyone in India. Nexavar's manufacturer, the German pharmaceutical giant Bayer, naturally appealed against that decision, and the hearing before the India Intellectual Property Appeals Board (IPAB) has now begun. Jamie Love has provided a useful report on the proceedings; here's his summary of what's at stake: 

On Techdirt.

UK Government Fails Its First Big Procurement Test

As regular readers of Computerworld UK know, the UK government has repeatedly said that it wishes to move on from the past patterns of procurement that have seen the UK spending far more on IT than comparable governments elsewhere. For years the UK has been the IT industry's dream: a rich but gormless customer that believes everything it is told by suppliers, and happy to pay through the nose for projects that consistently fail to deliver, assuming they are even completed. Indeed, the UK government has become proverbial in the IT world for its inefficiency and incompetence in this area.

On Open Enterprise blog.

Of netbooks, tablets and Linux's revenge

Five years ago, I wrote an article about the relatively new class of netbook computers. I suggested the ultra-low price machines running GNU/Linux posed a problem for Microsoft. That's because it needed to charge something for Windows, pushing the price of Windows-based netbooks above similar systems running free software. As I wrote:

On The H Open.

Google's Other Bad Idea: Offering 50 Million Euros To French Newspapers [Updated]

Earlier this week we wrote about a strange move by Google: apparently agreeing to pay the French telecoms company Orange extra to deliver its traffic -- thus abandoning the principle of net neutrality it has championed for so long. And now here's another dubious decision: allegedly offering to pay French publishers 50 million Euros in order to settle the dispute over the display of news snippets in its search results

On Techdirt.

French National Library Privatizes Public Domain Materials

Copyright is sometimes described as a bargain between two parties: creators and their public. In return for receiving a government-backed monopoly on making copies, creators promise to place their works in the public domain at the end of the copyright term. The problem with that narrative is that time and again, the public is cheated out of what it is due. 

On Techdirt.

Russian Ministry Of Culture Publishes Draft Anti-Piracy Law; Requires Takedowns Within 24 Hours

Presumably as part of the overall agreement for Russia to be allowed to join the WTO, the Ministry of Culture there has published a draft of its anti-piracy law (via @PostActa). Here's the google translation of a story on the roem.ru site

On Techdirt.

VLC Multimedia Player Shows Changing Open Source License Is Hard, But Possible

Licenses lie at the heart of open source -- and many other kinds of "open" too. That's because they are used to define the rights of users, and to ensure those rights are passed on -- that the intellectual commons is not enclosed. Their central importance explains in part the flamewars that erupt periodically over which license is "best" -- many people have very strong feelings on the subject. 

On Techdirt.

Google Decides Smartphone Market Share Is More Important Than Net Neutrality

As a recent post noted, net neutrality is under threat in France, with ISPs like Free asking Google to pay extra for delivery of its traffic. According to this post on the Forbes Web site, Google has already agreed to pay the French telecoms company Orange in precisely this way. As well as damaging the whole principle of net neutrality, something that Google has been championing for many years, this would seem to be a pretty bad business decision. After all, if Orange is now getting paid to carry Google's traffic, why shouldn't every other telecom company out there also receive money for delivering Google's services? 

On Techdirt.

Taking open source foundations to the next level

Krita is a fine sketching and painting program, but few would claim that it is one of the big names in the open source world, such as Firefox or LibreOffice. That makes the following recent announcement noteworthy:

On The H Open.

The Battle for the Soul of EU Privacy

As I mentioned a couple of weeks ago, 2013 is already shaping up to be a year in which data protection is a key battleground. That's been confirmed by a flurry of stories around Data Privacy Day, which was yesterday in case you missed it.

On Open Enterprise blog.

Truly Stupid Ideas: Adding DRM To HTML5

You would have thought by now that people would understand that DRM is not only a bad idea, but totally unnecessary: Apple dropped DRM from music downloads in 2009 and seems to be making ends meet. Despite these obvious truths, the stupidity that is DRM continues to spread. Here, for example, is a particularly stupid example of DRM stupidity, as revealed by Manu Sporny

On Techdirt.

German Court Recognizes That An Internet Connection Is Now Indispensable For Modern Life

The German Federal Court of Justice in Karlsruhe has acknowledged that an Internet connection is indispensable for life in the modern world, and that being cut off for several months deserves monetary compensation per day for the knock-on losses that inevitably causes: 

On Techdirt.

Colombia's SOPA Struck Down, But For Procedural Reasons

Back in April last year, we wrote about Colombia's own SOPA, the "Ley Lleras 2" copyright bill (it's version 2, because an earlier attempt to pass it failed.) This was rushed through by the Colombian government using an emergency procedure so as to have it ready as a grovelling welcome gift when President Obama came calling shortly afterwards. 

On Techdirt.

EU VP On Aaron Swartz: If Our Laws Hold Back Benefits From Openness, We Should Change Those Laws

As Techdirt has reported over the last ten days, the death of Aaron Swartz has provoked an outpouring of grief from friends and colleagues, who understandably wish to express their shock and anger at what happened. You'd expect that. What you might not expect is for a Vice-President of the European Commission to add her voice, but that's exactly what Neelie Kroes did this week. Her post is short, and worth reading in its entirety: 

On Techdirt.

We, the People; We, the Coders

It's generally accepted that one of the reasons Barack Obama was re-elected as US President last year was the superiority of the IT system his campaign team used. It will come as no surprise to readers of this blog that it was built on open source foundations, as this fascinating article in The Verge explains:

On Open Enterprise blog.

Banking Equipment Vendor Tries To Censor Security Research With DMCA Notice -- Then Backs Down When Called Out For It

Abuse of the DMCA takedown process to remove material that is awkward or embarrassing for a company is a common enough topic on Techdirt. But here's one with a slight twist. It concerns hardware security modules (HSMs), which manage the cryptographic keys and PINs used to authenticate bank card transactions. These were generally regarded as pretty secure -- until researchers started analyzing them, as Ross Anderson, head of the Security Research Laboratory at Cambridge University, explains: 

On Techdirt.

France, Cradle Of 'Three Strikes' Punishment, Explores Another Bad Idea: Killing Net Neutrality

Not content with giving the world the "three strikes" approach to copyright enforcement, France has recently shown signs of wanting to undermine one of the Internet's foundations: net neutrality. This has come about as a consequence of the French ISP Free's decision to block ads on its service. As Mike noted, this was essentially an attempt to persuade Google to pay the ISP an extra fee to carry its traffic, even though Free's customers already do that. That was resolved, at least for the moment, when France's Digital Economy minister Fleur Pellerin stepped in and persuaded Free to restore the ads

On Techdirt.

Re-inventing Academic Publishing: 'Diamond' Open Access Titles That Are Free To Read And Free To Publish

As Techdirt has been reporting, the idea of providing open access to publicly-funded research is steadily gaining ground. One of the key moments occurred almost exactly a year ago, when the British mathematician Tim Gowers announced that he would no longer have anything to do with the major academic publisher Elsevier. This then turned into a full-scale boycott: today, over 13,000 academics have pledged not to work with the company

On Techdirt.

WikiLeaks Reveals Aaron Swartz May Have Been A Source: Wise Move?

WikiLeaks currently finds itself in a difficult position. Funds are trickling in because of a questionable financial blockade against it, and Julian Assange is stuck in the Ecuadorian embassy in London. So it's understandable that it should want to take every opportunity to remind people that it is still around and keen to continue publishing highly-sensitive documents in a confidential fashion. But I do wonder if this series of tweets disclosing that Aaron Swartz was involved with WikiLeaks is the best way of doing that: 

On Techdirt.