29 September 2012

Rupert Murdoch Admits Defeat: Now Wants London Times To Appear In Search Results

Remember back in 2009, when Techdirt reported that Rupert Murdoch hated Google so much he had decided to block the search engine from indexing his titles, even though this would inevitably cut down their visibility and online traffic? He obviously thought that he would put this upstart technology in its place, showing that mighty media moguls don't need this Internet thing in order to flourish just like they did 50 years ago. According to this story in paidContent, it seems that strategy hasn't worked out too well

On Techdirt.

Neelie Kroes: Passion and Pence for Openness

Neelie Kroes is not your average European Commissioner. Before she became the European Commissioner for Digital Agenda, her current post, she was European Commissioner for Competition, and in that capacity made a speech about open standards in 2008, which included the following statements:

On Open Enterprise blog.

UK Prosecutors Finally Acknowledge The Need For A Real Discussion About Free Speech Online

As Tim Cushing rightly noted earlier this week, the UK's "Free Speech" laws are more about the many things you can't say. As if to back up that view, in the last few days, there's been yet another case of somebody being arrested there for "an offensive Facebook page." 

On Techdirt.

How UK Police Attempted To Misuse Official Databases To Smear Disaster Victims

A recent scandal in the UK concerned the country's worst sporting disaster, when 96 football/soccer fans were crushed to death at a stadium in Hillsborough in 1989. Prime Minister David Cameron issued an official apology to the families of the victims for the fact that the safety measures at the ground were known to be inadequate, and that police and emergency services had tried to deflect the blame for the disaster onto fans. 

On Techdirt.

Cambodia Wants Mandatory Surveillance Cameras In Internet Cafes

Large-scale surveillance of private communications is becoming depressingly routine, even in supposedly enlightened democracies. In less freedom-loving locations, Internet cafes are viewed with particular suspicion, and subject to tight controls. But it looks like Cambodia is taking surveillance of Internet cafes in particular, and communications in general, to new heights/depths

On Techdirt.

A New Issue For Bitcoin: Crypto Key Disclosure

The debate is still raging whether Bitcoin is a brilliant idea that will revolutionize business and society, a high-tech money laundering scheme, or just a fad that will soon pass into history. But in a fascinating post, Jon Matonis points to a problem that doesn't really seem to have been considered before: 

On Techdirt.

EU Officials Propose Internet Cops On Patrol, No Anonymity & No Obscure Languages (Because Terrorism!)

Back in February we wrote about the ominously-named "Clean IT" project in Europe, designed to combat the use of the Internet by terrorists. At that time, we suspected that this would produce some seriously bad ideas, but a leaked document obtained by EDRI shows that these are actually much worse than feared (pdf), amounting to a system of continuous surveillance, extrajudicial removal of content and some new proposals that can only be described as deranged. 

On Techdirt.

New Minister Of Culture In Brazil Brings Hope Of Return To Earlier Enlightened Copyright Policy

As Techdirt observed back in 2007, Brazilian artists were some of the first to recognize that piracy can be a positive force that helps get the word out about their creations. That was part of a larger openness to new ideas about copyright that was symbolized by the appointment of the well-known Brazilian musician Gilberto Gil as Minister of Culture, a post he held from 2003 until 2008. However, more recently, things have gone into reverse on the copyright front. Ana de Hollanda, the Minister of Culture appointed by the current President, ordered the CC license to be removed from the Ministry of Culture's website, and there were indications that harsher copyright laws were coming. 

On Techdirt.

The Next Attack on Net Neutrality

One of the depressing things about net neutrality is that it is a battle that must be won again and again. It's becoming increasingly clear that another effort will be made by telecoms companies to destroy net neutrality at the big World Conference on International Telecommunications (WCIT). Here's how it describes itself:

On Open Enterprise blog.

Old Lady Ruins Fresco, Claims Copyright, Demands Money

Remember that sweet octogenarian lady in Spain who tried to restore a 19th-century fresco "Ecce Homo" and ended up producing something that the BBC's Europe correspondent described as "a crayon sketch of a very hairy monkey in an ill-fitting tunic"? Remember how the poor woman had an anxiety attack as a result of the criticism she received, but that everything worked out fine when her work became an Internet meme, and sightseers started flocking to see it

On Techdirt.

Why Computer Companies Should Copy The Fashion Industry

Techdirt has had many posts pointing out that the huge and vibrant fashion industry is a perfect demonstration that you don't need monopolies to succeed, and that bringing in copyright for clothes and accessories now would be positively harmful. One of the people who's been making that point for years is Kal Raustiala (co-author of this month's Techdirt book club choice, The Knockoff Economy). NPR Books has just posted a short interview with him that succinctly explains why copyright would be a disaster for the fashion industry. Here are a couple of the key points. 

On Techdirt.

India And Kyrgyzstan Ramp Up Internet Monitoring And Censorship Efforts

Techdirt has written about earlier moves by India to block Web sites and censor Twitter accounts. The central concern seems to be that inflammatory online activity might stoke or provoke local outbreaks of violence of the kind seen recently in Assam. Now The Times of India is reporting that the Indian government wants to go further, and actively monitor who's saying what by setting up a new agency: 

On Techdirt.

Top Pirate Party Member Has DMCA Takedown Notices Issued In Her Name

Julia Schramm is one of the rising stars of the German Pirate Party: in April, when she was just 27 years old, she was elected to the national party's executive committee. No surprise, then, that she is against copyright: in a podcast she described intellectual property as "disgusting" (original in German.) More surprising is that, despite this, she signed a contract with Knaus-Verlag, part of the publishing giant Random House group, to write a book. Perhaps the $130,000 advance had something to do with it. 

On Techdirt.

Beyond Open for Business

Reports about open source tend to be rather one-sided: either polemics against, or propaganda for, depending on who's paying for them. That makes a new report written by Jim Norton, former President of the BCS, with the rather unoriginal title "Open for Business", particularly welcome, since it has been sponsored by Amadeus, which describes itself as follows:

On Open Enterprise blog.

Syrian Activist Arrested By Secret Police Merely For Having Livestreaming App Installed On His Phone

Police and security forces around the world -- and that includes in the West -- hate being recorded when they're overstepping the mark in the execution of their duties, since it allows the public to challenge official accounts, and even to use videos to seek redress. But there's one thing worse than being recorded, and that's being livestreamed: even the most nimble authorities can't confiscate the recording from its creator, since it's already been uploaded for the world to see. 

On Techdirt.

'Setting The Default To Open': The Next Ten Years Of Open Access

As Techdirt has reported, open access (OA) is scoring more and more major wins currently. But the battle to gain free access to academic research has been a long one. One of the key moments was the launch of the Budapest Open Access Initiative (BOAI) ten years ago, which saw the term "open access" being defined for the first time

On Techdirt.

First HADOPI Victim Convicted, Not For His Own Infringement, But Because His Wife Downloaded Songs

Well, here's a nice contrast: just when a judge in the US has ruled that users there have no obligation to lock down their wifi connections, a court in France decides the exact opposite. What makes the story even more significant is that the individual concerned is the first person to be convicted under France's 3-strikes law, generally known as HADOPI. 

On Techdirt.

13 September 2012

Open Data Institute Gets Ready to Open Its Doors

Open data continues to spread around the world - here's a great recent summary of what's happening where. But simply making government data available is no longer enough: now we need to move on to the far trickier job of doing something with it.

On Open Enterprise blog.

The New Kremlinology: Decoding The Signals Of Future EU Copyright Enforcement Moves

The negotiations behind closed doors of major treaties like ACTA and TPP, and the refusal of participants to release official drafts or to engage in any kind of substantive dialog, has meant that activists and observers have been obliged to seize upon even the smallest signs and hints emerging from those talks in an attempt to guess what is going on. In a way, we are witnessing the birth of a new form of Kremlinology, which Wikipedia explains as follows: 

On Techdirt.

What a Wonderful Piece of Work is Opus

When we talk of free software, we typically think of things like GNU/Linux, Apache or Firefox. But one aspect that often gets overlooked is that of multimedia codecs. There's a good reason for this: most of them are patent-encumbered, which makes using them with free software hard - well, hard if you want to do it legally. In practice, most people have employed implementations of dubious legality, and the licensors have taken the sensible view that they are hardly losing millions from this kind of activity, and have turned a blind eye.

On Open Enterprise blog.

Chile Leads The Way On Intermediary Liability Protections

As Techdirt reported, the European Commission is conducting a major consultation on the "procedures for notifying and acting on illegal content hosted by online intermediaries" that could radically affect the liability of online service providers in the European Union. Other parts of the world are doubtless examining this area too, and one at least -- Chile -- has already come up with a novel approach. 

On Techdirt.

Industries Dependent On Copyright Exceptions Contribute $182 Billion To Australian Economy

Despite the absence of credible studies supporting the idea, part of the copyright maximalist dogma is that the wider the reach of copyright, and the stricter the application, the better. As a corollary, copyright exceptions are anathema, which is why the US and EU are still shamefully resisting an international treaty that would enable more books covered by copyright to be produced in versions suitable for the visually impaired, since it would create a minor exception to help make that happen. 

On Techdirt.

Fighting Software Patents in the Unitary Patent Again

Back in July, I warned about the imminent threat of software patents sneaking into Europe thanks to horse-trading over the proposed EU Unitary Patent. Nothing happened then, but purely because MEPs turned to far more important matters - their summer holidays. Now that those balmy days are over, MEPs are back at work, and the Unitary Patent rears its misbegotten head again.

On Open Enterprise blog.

Has The German Pirate Party Lost Its Way?

For the last year, it seemed like the German Pirate Party could do no wrong. In November 2011, it won 9% of the vote in the Berlin parliamentary elections, then 7.4% in Saarland in March, 8.2% of the vote in Schleswig-Holstein in May, and a similar level in North Rhine-Westphalia shortly afterwards. There was a little pushback from copyright maximalists, but after ACTA's defeat in July, you might have expected the Pirates to be riding even higher in the public's favor. A recent article in the German news magazine Der Spiegel reveals that's far from the case

On Techdirt.

Does The Idea Of Open Source Planes Really Fly?

The term "open source" was coined back in February 1998, and initially it applied only to software. But as the power of open, collaborative development became apparent, other spheres have adopted the "open" tag along with the underlying approach. Here's the latest example -- open source planes

On Techdirt.

Jimmy Wales Threatens To Stymie UK Snooping Plans By Encrypting Wikipedia Connections

The draft bill of the UK's "Snooper's Charter", which would require ISPs to record key information about every email sent and Web site visited by UK citizens, and mobile phone companies to log all their calls, was published back in July. Before it is debated by politicians, a Joint Committee from both the House of Commons and House of Lords is conducting "pre-legislative scrutiny." 

On Techdirt.

A Question of (Open) Standards

As long-standing readers will know, alongside ACTA, the other main theme of this blog over the last year or so has been the battle for the soul of open standards, which culminated in the UK government's consultation on the subject. We don't yet know what the outcome there will be, but whatever it is, the issue of open standards will only increase in importance.

On Open Enterprise blog.

Evidence That UK Needs Mandatory Porn Filters? Informal Survey Done At One School

In the UK there is currently a campaign and associated petition from the organization "Safety Net: Protecting Innocence Online", which calls for mandatory Net filtering of pornography -- people would need to opt out of the system if they wanted to view this material. The justification -- of course -- is the usual "won't someone think of the children?" Here's the pitch

On Techdirt.

New Research Sets The Stage For Next Round Of Cat-And-Mouse Between BitTorrent Users & Snoopers

The BitTorrent protocol is an extremely efficient way of moving files around the Internet, especially big ones. That makes it highly popular with those seeking to download unauthorized copies of music and films, for example. But the clever approach that enables BitTorrent to do that, which involves downloading fragments of a file from a shifting swarm of fellow peers holding some or all of it, is also a weakness from these users' point of view: it means that downloads take place in public, rather than as a private transaction from a client to a server (as with cyber lockers.) 

On Techdirt.

Forget The Death-Star Anti-Mosquito Lasers, Here's How Nathan Myhrvold Can Help Tackle Malaria -- And Improve His Image

Nathan Myhrvold is trying to rustle up a little positive PR for Intellectual Ventures (IV) by appointing a VP of Global Good (although it's hard to see how anyone lumbered with such a daft job title is going to be taken seriously anywhere.) You can gauge just how touchy Myhrvold is on this topic by his rather waspish response to some commentary on that move. 

On Techdirt.

European Commission Looks To Backdoor In ACTA By Pushing For Same Results Through 'Voluntarism'

This year saw two huge victories for digital activism: against SOPA in the US, and against ACTA in the EU. The big question is now: what will be the next moves of those behind SOPA and ACTA as they seek to regain the initiative? For SOPA, we've had a clue in the call for a "Son of SOPA" from the US Chamber of Commerce. But what about the European Commission? 

On Techdirt.

03 September 2012

EU Wants to Sneak in a Mini-ACTA by the Backdoor

Even after ACTA was rejected by the European Parliament on 4 July this year, the European Commission was still refusing to admit that the treaty was misguided and dangerous. To this day, it's not clear what it is planning in terms of trying to bring it back in another form, or by negotiating some kind of ACTA Lite with the other signatories.

On Open Enterprise blog.

02 September 2012

Could Your Company Survive a Net Block?

As part of the seemingly endless round of consultations (I'm not complaining - this is how it should be done), the UK government is asking about parental internet controls:

On Open Enterprise blog.

Apple's Pyrrhic Patent Victory

The reaction to the jury's decision in the US patent infringement case between Apple and Samsung has been rather remarkable. I've seen it called all kinds of turning and inflection points for the computing/mobile world, as if we are entering some strange new era whose landscape is weird and unknown to us. This is utter nonsense. I don't think Apple's "stunning" or "total" victory - all phrases I've seen bandied about - is particularly stunning, or even a victory. 

On Open Enterprise blog.

The Googlisation of Surveillance

As promised, here is my submission to the Joint Parliamentary Committee considering the UK government's Draft Communications Bill:

On Open Enterprise blog.

Comment on the UK Government's Snooping Bill

The Draft Communications Bill [.pdf] is one of the most controversial pieces of UK legislation proposed in recent years - not least because it represents a betrayal of election promises by the coalition to roll back state surveillance in the UK. As usual, the government is attempting to claim that current plans are "different" because the databases are distributed, not centralised; but the fact that searches will be possible across all the decentralised holdings means that there is no practical difference. This is quite simply another example of politicians promising one thing to get elected, and then doing its opposite.

On Open Enterprise blog.

Can open source be democratic?

One of the most important messages in the history of free software – and computing – was posted 21 years ago, on 25 August 1991:

On The H Open.

10 August 2012

Unleashing the Potential of Open Data

It seems a long while ago now, but June was a pretty hectic month in this neck of the woods, since it saw the final push to get ACTA rejected in the European Parliament. But of course, plenty of other things were happening then, and one in particular that I wanted to cover was the release of this UK Open Data White Paper entitled "Unleashing the Potential". 

On Open Enterprise blog.

Sibelius Users Forced to Face the Music

Although the following is a little outside the mainstream of Open Enterprise, it does have a very clear moral with direct relevance to this blog's readers. It concerns the proprietary program Sibelius, which describes itself as "the world’s best-selling music notation software". It only runs on Windows and Macintosh, and comes with an oppressive DRM that places it about as far away from free software as is possible. Nonetheless, it seems widely-loved by most of its users, presumably because it does what they want it to. 

On Open Enterprise blog.

Exploring Anti-Net Neutrality Arguments

As I noted recently, net neutrality is back in the spotlight, so I thought it would be useful - and maybe entertaining - to look at an anti-net neutrality article for the insights it gives us about how the other side views things. It's called "Pick Up On One and Let The Other One Ride", and appears in the Huffington Post. Here's how it frames the discussion:

On Open Enterprise blog.

Europe Already Has Draft Standard For Real-Time Government Snooping On Services Like Facebook And Gmail

As the old joke goes, standards are wonderful things, that's why we have so many of them. But who would have thought that ETSI, the European Telecommunications Standards Institute, has already produced a draft standard on how European governments can snoop on cloud-based services like Facebook and Gmail -- even when encrypted connections are used? 

On Techdirt.

Outdated Compulsory Licensing Means Australian Schools Must Pay Millions To Use Free Internet Materials

Recently we wrote about how copyright rules designed for an analog age were causing problems when transposed without modification to the digital world. Here's another example, this time from Australia, where the Brisbane Times' site reports on an increasingly difficult situation in education as a result of outdated copyright approaches

On Techdirt.

Microsoft's Patent Strategy Made Patent

At the end of last year, I wrote about the great service Barnes & Noble had performed by drawing back the curtain on one of Microsoft's patent lawsuits. 

On Open Enterprise blog.

UK Government Censors Copyright Consultation Submission About How Awful Collection Societies Are

When the UK Hargreaves Review of intellectual monopolies in the digital age came out last year, Techdirt noted that one of its innovations was an emphasis on basing policy on evidence. The fact that this was even notable shows how parlous the state of policy-making has become. One important way to gather evidence is through public consultations, and in the wake of the Hargreaves Review, the UK government conducted a major exercise in gathering views and information in this field

On Techdirt.

ICANN Continues to Prove It Can't

I have been writing about the Internet Corporation for Assigned Names and Numbers, ICANN, since its birth in 1998 (see the ICANN entry on Wikipedia for a good summary of how that came about, and the evolution of the organisation since then.) That move was contentious at the time, since it saw the running of the Internet's basic infrastructure taken out of the hands of the geeks, personified by Jon Postel, and put in the hands of the business world. As a fully intended side-effect of that move, it also placed the system fully under the control of the US, rather than allowing a more distributed, global approach to evolve.

On Techdirt.

UK Politicians Don't Seem To Mind That Every Web Page You Load Is Copyright Infringement Under Current Law

Last year Techdirt wrote about the almost unbelievable Meltwater decision in the UK, where the courts said that viewing a Web page without the owner's permission was copyright infringement. In November last year, leave was granted to Meltwater to make an appeal against the ruling to the UK's Supreme Court. However, that still leaves the inconvenient matter of the infringement by tens of millions of UK Web users hundreds of times every day in the meantime. 

On Techdirt.

Consumer Focus and the Digital Economy Act

I've written a couple of articles recently about Ofcom's consultation on the implementation of the Digital Economy Act. That consultation has closed now (it was only open for a month), but I'm conscious that in those posts I was making quite a lot of technical claims about Internet security, an area in which I am certainly no expert. 

On Open Enterprise blog.

29 July 2012

Norwegian Court Rules Blog Posts Are Not 'Made Public'

It's something of a truism that the courts take time to catch up with technology, especially in the fast-moving world of the Internet, but Thomas Steen points us to a recent court decision in Norway where the gulf between law and life is particularly wide. The case concerns a blogger called Eivind Berge who was arrested recently on account of some statements on his blog that allegedly "glorified and encouraged the killing of policemen" as a report on the Dagbladet newspaper site puts it (Norwegian original.) Moreover: 

On Techdirt.

UK Net Neutrality Under (Coded) Attack

Yesterday I wrote that I hoped to post here my submission to the important EU consultation on net neutrality that is currently open. However, there have been some important developments in this area that need to be covered first.

On Open Enterprise blog.

NZ Copyright Industry Claims New 'Three Strikes' Law Halved Movie Infringements After One Month: So What?

The implicit justification for various new copyright enforcement laws, such as the "three strikes" approach, is that they will encourage people to buy more authorized digital goods and thus support artists and their works. Naturally, those in favor of this logic like to produce figures that purport to show that it is working. 

On Techdirt.