27 October 2013

Survey: Most Italian Internet Users Think Ignoring Copyright Harms Publishers, But Not Society As A Whole

One of the heartening recent developments in the world of digital copyright is that we have moved on from manifestly biased surveys about the evils of piracy and how the solution to everything is harsher punishment for infringement and longer copyright terms, to independent analyses that seek to understand rather than judge and lecture. There's also been a new focus on learning what the public thinks might be an appropriate balance for modern copyright -- something that nobody cared about in the past. 

On Techdirt.

TPP Negotiations Deprive New Zealanders Of Promised Copyright Consultation -- For Secret Reasons

One of the myths perpetuated by governments taking part in major international treaty negotiations like ACTA, TPP and TAFTA/TTIP is that somehow no national sovereignty is given up during the process, and that therefore the public shouldn't worry about what goes on in those secret meetings. That's clearly absurd, because negotiations involve concessions, usually by the weaker parties, which often touch on national competences. 

On Techdirt.

Could Open Source Make GMOs More Palatable?

As a recent DailyDirt noted, opinions on the safety of genetically modified organisms (GMOs) are sharply divided. But that heated argument tends to obscure another problem that Techdirt has often written about in other fields: the use of patent monopolies to exert control, in this case over the food chain. By inserting DNA sequences into plants and animals and obtaining patents, the biotech industry is granted surprisingly wide-ranging powers over how its products are used, as the Bowman case made clear. That's potentially problematic when those products are the foods that keep us alive. 

On Techdirt.

Peru Proposes Default Internet Censorship Requiring Opt-in To View Pornography

Techdirt has run a number of posts about David Cameron's dangerous plans to apply default online censorship and make porn opt-in in the UK, supposedly to "protect the children". Now it looks like Peru is following suit (original in Spanish): 

On Techdirt.

26 October 2013

Trade Agreements With Mexico And South Korea Turned Out To Be Disasters For US: So Why Pursue TPP And TAFTA/TTIP?

Two massive trade agreements currently being negotiated -- TPP and TAFTA/TTIP -- could potentially affect most people on this planet, either directly or indirectly through the knock-on effects. Like all such agreements, they have been justified on the grounds that everyone wins: trade is boosted, prices drop, profits rise and jobs are created. That's why it's been hard to argue against TPP or TAFTA -- after all, who doesn't want all those things? 

On Techdirt.

What Exactly Does The EU Plan To Do On Net Neutrality?

There are few areas in tech policy where the waters are so muddied as those swirling around net neutrality. That's as true for the EU as it is for the US. The latest statement by the person responsible for this area in the European Commission, Neelie Kroes, does little to clarify things

On Techdirt.

Discontent With Secrecy And One-Sided Nature Of TPP Spreads Among Participating Nations

Last week Mike wrote how frustration at the unremitting secrecy surrounding TPP, and the refusal to allow members of the public in whose name it is being negotiated to express their views, has led to the creation of a new participatory Web site by the "Fair Deal Coalition." Many of the best-known groups fighting for more balanced copyright laws in the US, Canada, Australia and New Zealand have signed up, including Techdirt. 

On Techdirt.

Another Problem with UK's 'Nudge Censorship': No Clear Accountability

As Tim Cushing has noted, David Cameron's half-baked plan to make online pornography opt-in in the UK has continued to earn him ridicule around the world. Despite that fact, there is already talk about extending this censorship approach to a host of other completely legal areas. The UK Open Rights Group (ORG), which discovered that slide into general censorship, not just of porn, has published another post which points out a further reason why what they call "nudge censorship" -- using default blocks that require a conscious opt-in to remove -- is so dangerous: the lack of clear accountability

On Techdirt.

Russia To Ban Swearing On The Internet

A year ago, we wrote about a Russian law that introduced a blacklist designed to block access to information on drugs, suicide and child pornography (all for the children, of course.) Strangely, that same law was then used to silence leading reporters who dared to criticize the government (bet nobody saw that coming....) 

On Techdirt.

Tell Old Pharaoh: Let My Postcodes Go

The story of open data in the UK has been fairly uplifting in recent years, as more and more public datasets are released under liberal licences. Even the big holdouts - things like Ordnance Survey - have gradually loosened their grip. The same is true for the Postcode Address File (PAF), which has a surprising long history:

On Open Enterprise blog.

TTIP Update I

At the start of this year I flagged up the likelihood that hugely important trade negotations between the EU and US would start in due course. A few months later, I gave some more background to that move, as well as the text of a document calling for the participants to avoid repeating the grave mistakes of ACTA, which ultimately led to that agreement being rejected in the European Parliament on July 4 last year.

On Open Enterprise blog.

Russia to Ban Swearing Online: UK to Follow?

Yesterday I wrote about the slide into censorship and self-censorship that the UK government's misbegotten plans to impose a default set of Net blocks could bring about. Of course, the UK is not alone in seeking to introduce disproportionate schemes. Here's one from Russia:

On Open Enterprise blog.

UK Sliding into Something Worse than Censorship

Unless you have been living under the proverbial rock, you will have heard and probably read plenty about the UK government's grandstanding proposals to make pornography opt-in. I won't waste your time by going through the many reasons why that is a foolish idea and won't achieve the things the government says it will. Instead I'd like to concentrate on some disturbing hints about where this could be going, and why we need to start fighting any such plans now.

On Open Enterprise blog.

Yet More Security Reasons to Give Microsoft a Miss

In the wake of Microsoft's dire financial results, it might seem a little unsporting to draw attention to more of the company's problems. But its continuing stranglehold on companies and governments around the world means that such measures are justified, not least because people are suffering as result - millions of them.

On Open Enterprise blog.

EU Kills Net Neutrality, Threatens Online Openness

I've been trying to fathom what exactly Neelie Kroes, Vice-President of the European Commission with responsibility for the Digital Agenda, intends to do about net neutrality in Europe for a while. Back in January of this year, I asked: "Will Neelie Kroes Defend or Destroy EU Net Neutrality?", and in June I was still wondering: "What's the Net Net on Neelie Kroes's EU Net Neutrality?"

On Open Enterprise blog.

Mozilla Comes under Attack - and of Age

Back in March, I wrote about the odd little attack by the European arm of the Interactive Advertising Bureau (IAB) on Mozilla's plans to put control of cookies firmly in the hands of users. Alas, the IAB seems not to have come to its senses since then, but has instead doubled down, and launched one of the most bizarre assaults on Mozilla and the open Web that I have ever read. I warmly recommend you to read it - I suspect you will find it as entertaining in its utter absurdity as I do. 

On Open Enterprise blog.

Can You Trust Microsoft With Your Company Secrets?

About a month ago, I wrote about the extraordinary fact that Microsoft routinely hands over zero-day exploits in its applications to the US government for the latter to use in the short window before they are announced and plugged. On thing that allows is for "foreign" governments and companies to be targetted and various levels of access to be gained in a way that is hard to protect against.

On Open Enterprise blog.

EU Copyright: The Right to Read and the Right to Mine

A year ago the European Parliament rejected ACTA - a real milestone in the fight to bring some balance to copyright, since it was the first time that a major international treaty was thrown out in this way, largely because of its one-sided and disproportionate approach to that area.

On Open Enterprise blog.

Urgent: Please Contact MEPs Now for Spying/TAFTA Vote

As you will have noticed, European politicians have suddenly become rather interested in the revelations about NSA spying now that it seems that they, too, have been targeted. This led to a three-hour long debate in the European Parliament yesterday, which was striking for the number of speakers calling for the imminents TAFTA/TTIP trade negotiations to be postponed until after the US has responded to the allegations - and promised to behave better in the future.

On Open Enterprise blog.

Latin American Countries Band Together To Fight Growing Problem Of Investor-State Disputes

As Techdirt has observed, investor-state dispute resolution (ISDR) is turning into a major weapon that corporations can deploy against nations in order to claim damages for some alleged loss of future profits as a result of government action -- for example, stricter health or environmental regulations. Last year alone, 62 new investment arbitration cases were initiated against nations, and a record award of $1.77 billion was made against Ecuador

On Techdirt.

UK Police's 'Ring Of Steel' Spying On Every Car Entering And Leaving Town Ruled Disproportionate

The UK is famous for its abundant CCTV cameras, but it's also pretty keen on the equally intrusive Automatic Number Plate Recognition (ANPR) cameras that can identify cars and hence their owners as they pass. Here, for example, is what's been going on in the town of Royston, whose local police force has just had its knuckles rapped by the UK's Information Commissioner's Office (ICO) for the over-enthusiastic deployment of such ANPR systems there: 

On Techdirt.

What Edward Snowden Has Given Us

When Edward Snowden first revealed himself as the source of the NSA leaks, the Guardian released a short video interview with him in which he made the following confession

On Techdirt.

Two New Reports Confirm: Best Way To Reduce Piracy Dramatically Is To Offer Good Legal Alternatives

At the beginning of last year we reported on a Swedish study that showed that streaming services had halved the number of people who were downloading music illegally in Scandinavia. That's a pretty stunning figure, but of course is only one data point, which means that people can always argue that it's not possible to generalize. So it's good that not just one but two new reports confirm and broaden that finding. 

On Techdirt.

Eli Lilly Raises Stakes: Says Canada Now Owes It $500 Million For Not Granting A Patent It Wanted

A few months ago we wrote about the extraordinary -- and worrying -- case of Eli Lilly suing Canada after the latter had refused to grant a pharma patent. Eli Lilly's contention was that by failing to grant its patent (even if it didn't meet the criteria for a patent in Canada), Canada had "expropriated" Eli Lilly's property -- and that it should be paid $100 million as "compensation". 

On Techdirt.

German Minister Calls Security A 'Super Fundamental Right' That Outranks Privacy; German Press Call Him 'Idiot In Charge'

One of the striking features of the Snowden story is that there has been no serious attempt to deny the main claims about massive, global spying. Instead, the fall-back position has become: well, yeah, maybe we did some of that, but look how many lives were saved as a result. For example, the day after the first leaks appeared, it was suggested that PRISM was responsible for stopping a plot to bomb the NYC subways. However, further investigation showed that probably wasn't the case. 

On Techdirt.

Benefits Of Synthetic Blood Could Be Squandered Thanks To Patents

Two of the key arguments during the Myriad Genetics trial were that gene patent monopolies stifle innovation by preventing others from building on and extending key knowledge, and that they can cause unnecessary suffering and even death by driving up prices for medical treatment beyond the reach of many people. Even though the Supreme Court struck down Myriad's key patents, reducing those issues for DNA, a new technology with major ramifications for health runs the risk of suffering from precisely the same problems. 

On Techdirt.

Using Patents To Needlessly Drive Up Healthcare Costs: The Economic Impact Of Evergreening Drugs

One technique in the world of pharma that has started appearing here on Techdirt is "evergreening" -- making small changes to a drug, often about to come off patent, in order to gain a new patent that extends its manufacturer's control over it. The advantages for pharma companies are evident, but what about the public? What economic impact does evergreening have? That's what a fascinating new paper in the open access journal PLoS Medicine seeks to establish: 

On Techdirt.

Leaked EU Policy Papers Show TAFTA/TTIP's Huge Challenges -- And Some Subtle Signals

After last Wednesday's debate, the European Parliament passed a resolution on the subject of NSA surveillance, which included the following mild wrist-slap: 

On Techdirt.

Dutch Libraries Go To Court To Make Sure They Can Lend Ebooks

As we've noted before, many publishers have the crazy attitude that ebooks shouldn't be lent by libraries, and that it should be made harder for people to access literature in these places if it's in a digital form. Over in the Netherlands, public libraries have had enough of this, and are taking legal action over the issue, as an article in Future of Copyright reports: 

On Techdirt.

Merck 'Evergreens' Off-Patent Lipitor By Creating Combination Drug With No Additional Benefit

Big pharma often gets a rather rough ride here on Techdirt, what with its attempts to stop governments granting licenses for life-saving and low-cost generics in emerging countries, engaging in legal action to prevent drug safety information being released, and paying kickbacks to doctors. But sometimes you get the impression that drug companies really go out of their way to be disliked, as this great post by Josh Bloom on the Medical Progress Today site, pointed out to us by John Wilbanks, demonstrates

On Techdirt.

Controversial EU Data Protection Regulation May Be Negotiated In Secret In Breach Of Parliamentary Process

Today, the European Parliament held a three-hour long debate on PRISM, Tempora and what the EU response should be. Many wanted TAFTA/TTIP put on hold; others didn't. But one theme cropped up again and again: the need for strong data protection laws that would offer at least some legal protection against massive and unregulated transfer of Europeans' personal data to the US. 

On Techdirt.

Turkish Police Shoot Down Surveillance Drone During Istanbul Protests

As the growing number of Techdirt stories on the subject testify, drones are becoming a more familiar part of modern life. But their presence can add a new element to situations. An obvious example is during demonstrations, where drones can be used to monitor those taking part -- but also the authorities' reaction. As with cases where members of the public have used smartphones to capture police abuse, so drones offer the possibility of revealing questionable police activity that might in the past have gone unrecorded. 

On Techdirt.

Iran's President-Elect: Net Filtering Doesn't Work... Oh, And By The Way, Human Rights Are Universal

In the past, Iran has provided plenty of light relief here on Techdirt, whether because of plans to build its own Internet, or thanks to weird stuff like this. But it looks like those days are over following the election of a surprisingly-moderate President, Hassan Rouhani. Here, for example, are his thoughts on Net filters, as reported by The Guardian: 

On Techdirt.

Bolivian President's Jet Rerouted On Suspicions Snowden Could Be On Board; Multi-Country Outrage Ensues

The Snowden saga continues to deliver surprising twists and turns that may well have important geopolitical knock-on effects. The latest involves the President of Bolivia, Evo Morales, whose country is rumored to be willing to offer political asylum to Snowden. Here's what happened, as reported by The Guardian: 

On Techdirt.

Germans Want To Give Snowden A Medal, French Want To Give Him Asylum -- And To Call Off TAFTA/TTIP

Although nobody seems to know what Edward Snowden is up to at the moment, there have been plenty of reactions from others to the earlier revelations about US spying in Europe. Alongside the outrage, there is also a certain gratitude towards Snowden in some quarters for providing information about what has been going on. For example, one of the local wings of the German Pirate Party has suggested that he should be awarded a Federal Order of Merit (original in German.) In France, a surprisingly broad spectrum of politicians are calling for him to be offered political asylum according to this report from France 24 : 

On Techdirt.

EU Open Standards: We Want Actions, Not Words

Open standards has been a recurring theme here on Open Enterprise. It's also been the occasion of one of the most disgraceful U-turns by the European Commission. That took place in the wake of the European Interoperability Framework v1, which called for any claimed patents to be licensed irrevocably on a royalty-free basis. But when EIF v2 came out, we found the following:

On Open Enterprise blog.

Turning the Sow's Ear of Surveillance into a Silk Purse

On Wednesday I wrote about the Houses of Parliament deciding to use cloud computing solutions, despite the fact that we now know - not just surmise - that this is like handing your documents to the NSA. As I noted, that may not be problematic if your documents were going to be in the public domain anyway. But of course, that's only the case for a tiny fraction of most companies' documents. And for those, it is clearly the height of irresponsibility to place them with cloud-based systems that are wide open to demands from the US government for any and all data to be handed over, decrypted where possible.

On Open Enterprise blog.

Clear Thinking Needed in a Cloudy World

Last week I wrote about the perils of using proprietary software, where companies regularly hand over zero-day vulnerabilities to the US authorities who then go on to use them to break into foreign systems (and maybe domestic ones, too, but they're not owning up to that, yet....). Of course, cloud-based solutions are even worse, as we've known for some time. There, you are handing over all your data to the keeping of a company that may be on the receiving end of a secret US government order to pass it on to them - perhaps with necessary encryption keys too.

On Open Enterprise blog.

19 September 2013

University Of California's Latest Plan: Privatize Knowledge, Take Out Lots Of Patents -- Profit!

At the end of last year, we wrote about an extraordinary attempt by the University of California (UC) to resuscitate the infamous "Eolas" patents that were thrown out earlier by a jury in East Texas. Clearly, the University of California likes patents, and the way that they can be used to extract money from people with very little effort. In fact, it likes them so much it is trying to privatize research produced by taxpayer-funded laboratories so that even more patents can be taken out on the work, and even more money obtained through licensing them. The background to this new approach, implemented via a new entity provisionally entitled "Newco", is described in a fantastic feature by Darwin BondGraham that appears in East Bay Express: 

On Techdirt.

UK Police Routinely Spy On 9000 'Domestic Terrorists' Very Loosely Defined

In the wake of the news that spies at GCHQ -- the UK equivalent of the NSA -- have been tapping into every fiber optic cable that comes into and goes out of the country, downloading and storing phone calls and Internet traffic for up to 30 days, you might think the British authorities have enough information at their disposal, without needing to turn to other sources. But it seems not, according to the latest revelations in The Guardian

On Techdirt.

Saudi Arabia Starts Clamping Down On Encrypted VoIP Services; US And UK Strangely Silent On The Moves

Earlier this month, the messaging service Viber was blocked in Saudi Arabia. This was not entirely unexpected, since the authorities had been trying to come to grips with the service and its ability to encrypt messages for a while according to Viber's founder, as a BBC News report explains: 

On Techdirt

Jimmy Wales Thinks Snowden Is 'An Innocent Party' And 'A Hero'; Wants To Know If He Ever Edited Wikipedia

Clueless Spanish Politicians Want To Join The Government Malware Club

As we've noted before, when it comes to the Internet, governments around the world have an unfortunate habit of copying each other's worst ideas. Thus the punitive three-strikes approach based on accusations, not proof, was pioneered by France, and then spread to the UK, South Korea, New Zealand and finally the US (where, naturally, it became the bigger and better "six strikes" scheme). France appears to be about to abandon this unworkable and ineffective approach, leaving other countries to deal with all the problems it has since discovered. 

On Techdirt.

SOPA Didn't Die, It Just Emigrated

It's hard to believe that the heady times that saw SOPA's rise and fall are only a year and a half ago. Of course, SOPA didn't die, but was merely "delayed". But if you've ever wondered what happened to it, wonder no more; it emigrated to Russia, as TorrentFreak reports: 

On Techdirt.

Australia Drops Snooping Plans -- For Now

Last year, we reported on Australia's plans to bring in comprehensive snooping on its citizens, and more recently how its spies had realized that encrypted services offered an easy way to avoid much of that surveillance. Reuters is now reporting that Australia has put its spying plans on hold -- for the moment: 

On Techdirt.

How Much Would It Cost To Store All US Phone Calls Made In A Year?

An early criticism of Snowden's leak about NSA spying activity was that the $20 million annual cost for PRISM -- whatever that turns out to be -- was simply too low to be credible. One person who knows more about storage costs than practically anyone -- well, outside the NSA, at least -- is Brewster Kahle, who set up the Internet Archive, essentially a backup for the entire Web plus a wonderfully rich store of many other materials. He's carried out a fascinating back-of-the envelope calculation of how much it would cost annually to record every phone call made in the US and store it in the cloud

On Techdirt.

Copyright Exceptions Gaining Ground Around The World -- But Not For The Blind

There finally seems to be a growing recognition in many countries that copyright is not fit for the digital age. In the US, the Copyright Registrar has spoken on this; in the UK, the Hargreaves Review delineated many problems; and more recently, Australia, too, is starting to address the question. As part of the process of implementing Hargreaves' recommendations, the UK government is carrying out a consultation on whether the UK should adopt the full list of copyright exceptions that are laid out in the EU Copyright Directive, which provides the overarching framework for copyright in Europe. It has now published some questionnaires seeking input in this area

On Techdirt.

Latest Stupid DRM Idea: Ebooks With Corrupted Texts That Vary By Customer

It is extraordinary how companies have failed to grasp three basic facts about DRM: that DRM only needs to be broken once, and it is broken everywhere, thanks to the Internet; that DRM is always broken at least once; and that once DRM is broken, anything still with that DRM is effectively worth less than zero -- since copies freely available online never have DRM. Despite these inconvenient truths, copyright companies continue to hope that there is some magic technology that will "protect" them from the pirates. Here's the latest forlorn attempt to do that, as reported by paidContent: 

On Techdirt.

Germany's Spies Have NSA Envy: Currently Working To Build Their Own Comprehensive Snooping System

One unfortunate knock-on effect of the revelations about the extent of NSA information gathering seems to be that the spies in other countries are starting to feel under-informed by comparison. Of course, many of them already knew about what was going on: in addition to the British and the Dutch, there are now reports that Germany was also kept informed at the highest levels (original in German.) That would probably explain the revelation by the news magazine Der Spiegel that Germany has been trying to beef up its own snooping capabilities for a while

On Techdirt.

Sweden Makes It Illegal To Take Photos In 'Private Environments' Without Permission

Here on Techdirt we've had stories about how the ubiquity of digital cameras is changing the way we look at public events and art. But as has also become clear, the ability to take photos of more or less everything we see brings with it certain problems -- especially if what we see are police. So it was perhaps inevitable that the politicians would start to get involved, in order to "solve" some of those problems. Here's a rather extreme example from Sweden, as reported by TechHive: 

On Techdirt.