In the gentlest possible way considering the reactions of other commentators, Geist points to the “stakeholder meeting” held by the European Commission’s lead ACTA negotiator. It’s clear even from Geist that the meeting was a very bad indicator for the process. In fact, the meeting was purely cosmetic, solely so that the Commission can claim it has “consulted stakeholders” without the need to even respect commentary let alone assimilate it.
The Commission is clearly operating with a fortress mentality that regards all inquiries from new sources as juvenile. It believes its own work to be above reproach and of an urgency that justifies security and confidentiality worthy of the soviet Kremlin or of George Bush’s administration. It seems to have “gone rogue”.
The consultation was a signal to us all that we have a serious problem with Europe’s civil service and that we need to demand our elected representatives intervene, to fix both the ACTA issue itself and the attitude that puts non-corporate insight, citizen interest and MEP challenge on a level beneath contempt.
“The Children’s Minister announced on 18 March that, following a positive response to the recent public consultation, she has laid an Order before Parliament to amend the law [the Childcare (Exemptions from Registration) Order 2008] to ensure that all childcare arrangements between friends which are not for monetary payment are exempt from the registration and inspection process.” — A good result from a e-petition, but the ridiculous situation should never have existed or been defended in the first place.
Building a business from avoiding DRM which imposes restrictions that remove peoples’ legal rights. Fascinating to see them saying it’s all perfectly legal.
Very useful summary indeed, although it lacks a section on the impact on software freedom (which I believe to be significant). Raed this and distribute it widely, it’s the best summary I have yet seen for the general reader.
A good, easy-to-understand explanation of why the European Commission’s proposal to introduce criminal penalties both for copyright infringement /and for “aiding, abetting or inciting”/ copyright abuse spells the end of any semblance of an open internet and takes us back to Microsoft’s proposed Blackbird (and if you remember that you are officially old).
This is indeed the Pirate Bay Killer clause that caused IPRED2 to be sidelined, and is one of the clauses that makes the EC want to keep the ACTA negotiations secret until the results can’t be changed. Because that’s the game, and it’s the nastiest anti-democratic game I’ve seen in a while.
In case you’re interested in digging a little deeper on that criminalization of copyright infringement idea, here’s the report of a joint working group of activist organisations explaining why it was a bad idea when IPRED2 tried to introduce it. Plenty of EP and EC people agreed and it was put on ice. Seems the Commission are using ACTA as an excuse to thaw it out.
“What you are doing is preparing a peephole into the private lives of a member, which will either distract them or lead them into additional questions which they’ll feel they have to defend themselves over. . . Transparency will damage democracy.” Great read [Meta: May be the only time you’ll ever see me link a Daily Mail story too]
New data on ACTA is now arriving daily and we’re beginning to be able to triangulate on the contents of the secret treaty. A key discovery for me that Geist documents here is that it’s actually Europe that is pressing for infringement of copyright to become a criminal offense, something that the European Parliament blocked once in IPRED2 yet which the Commission is treating as if it was already settled law in Europe.
As every day passes we’re discovering that all the assurances the Commission is giving are actually hollow sophistry. Now is the time for the European Parliament to prove they are actually an instrument of democracy rather than a dead letter validating a pseudo-democratic oligarchy.
One of the huge benefits of liberating the source of commercial products is that, when they are no longer needed by their owner, the people who depend on them can continue to look after themselves. This is a great example, with Norwegian company ForgeRock picking up the threads and carrying on support and development for codebases that are no longer required. Very satisfying to see this validation of our strategy.
Absolute blockbuster here, with Viacom uncovering exactly the sort of e-mails corporate employees are told not to write and if they do never to retain, and with Google/YouTube accusing Viacom of hypocritically manipulating uploads of their own to shape their own marketplace and frame YouTube. The court case will be fascinating, assuming it happens.
Stephen provides a great round-up of the many reasons software patents are such a bad idea as a literary device to introducing his own reason. My reason: patents are a mechanism from the age of centralised control. In the age of distributed, meshed, person-to-person, unmediated connections, we need to reimplement the “patent” idea, not just patch it to try to make it fit the new artefacts of the new age.
I rambled for an hour in conversation with Jono Bacon, ultimately about my vision for OSI and the reasons why ACTA is so worrying for our digital liberties.
§ I’ve had a few listeners to FLOSS Weekly write and ask for more information on the ACTA negotiations. There is plenty of information on the web, but a getting-started guide might help.
Here’s a list of references to get you up to speed.
On the show you heard me say that the Digital Economy Bill and all the other bad law springing up around the world is like the fruiting body of a massive unseen fungal growth. That’s from a blog post of mine in February.
What action can you take? Here are some suggestions:
Listeners in the UK should be asking their MP for a full debate on the Digital Economy Bill and/or echo the open letter in your own communication sent (easily) via Write To Them. Why? Because this legislation is the advance guard in the UK for future ACTA ratification.
OK, so now you are interested. You’ll want to follow Michael Geist’s blog for frequent updates and excellent analysis. He also has great links to reference materials. Glyn Moody also covers ACTA frequently.
ACTA is legislation laundering on an international level of what would be very difficult to get through most Parliaments
Stavros Lambrinidis, Member of European Parliament, S and D group from Greece.
If you have more references, add them in the comments below please.
If you’ve any love of Wikipedia at all, read this and weep. I know from personal experience that this account is not an isolated incident. There are people who magically appear out of the woodwork to delete anything that is not perfectly formed and fully cited as soon as it appears. They often come with a skewed social agenda too, and explain why you are politically incorrect as well as a disgusting, manipulative rule-breaker. The result? The only way to start a new article is to write it offline and post it, perfect, in one go.
The idea of contributing what you can and letting it grow is long lost, and today Wikipedia is a bureaucratic place with a Kafkaesque tinge. It desperately needs fixing; I am beginning to doubt there is anyone at WMF who cares, though.
People are gradually beginning to ask questions about the role of Intellectual Ventures and their immense holding of software patents. Kodak is not a company I like (they trolled Sun for a fortune) but this accusation is very serious. Getting to the bottom of it would take some serious and well-funded investigation. Or, plan B, we can ask our legislators to remove the mechanisms used for trolling…
They keep pretty quiet about layoffs and offshoring, but the truth seems to be that IBM has been cutting loads of jobs as well as changing policies to ensure older staff leave (I have heard from several former IBM UK colleagues who have been forced out by pension rule changes in the last year). Seems IBM is embarrassed about anyone finding out and getting more opaque with the data so we can’t tell. Not the ethics of the company I joined in 1990, I must say.
This looks like a wonderfully quirky transparent democracy project and a great resource for journalists and activists. I’ll certainly be sending in the leaflets that arrive here.
Use the e-mail address in this press release to send your concerns about ACTA. Those concerns might include the transparency of the process and the fact the EC is blocking it, the mandate on ISPs to regulate the content of traffic on their networks or be liable for the consequences, impact on individuals since “large scale counterfeiting” is not adequately defined for online activity, and creation of uncertainty that allows corporations to chill open source and open data activity. Send your e-mail now, they want it by Monday.
Another week, more music picks (a bit early because there has been some great stuff this week). I keep playing Lake Orchard and I think JagaJazzist is a real find here.
Another group I’ve missed all these years, playing musical yet experimental jazz that is definitely worth a try. Video below too. Sample track: Going Down
Carlo’s useful first attempt to use the available data to try to discern the effects of choice of license on open source projects. Of course, what we really need is a multi-factor scorecard rather than this license fixation, but it’s the best we have right now.
If this Android-based tablet can deliver on its promises, it deserves massive success. Is it possible that the open dynamic of the internet can force the conformity that previously only ruthless control (like that Apple uses) could deliver?
§ I think the time is coming to fill in a few gaps in technology history – including a little trivia. If you have photos, let me know!
A piece of history that many of us older Java geeks remember is the stunt someone pulled at JavaOne in 1997. Java was the hottest new technology in town, the embodiment of the emerging web culture. The JavaOne conference was in its infancy – it started in 1996 – and was sharing the Moscone Center in San Francisco with another conference, Software Development West. The relationship was friendly – indeed, the two conferences clubbed together to close Howard Street and hold a street party for delegates of both events. Continue reading →
All views expressed on this blog are those of Simon Phipps and do not necessarily reflect the views of any other entity, including current and former employers and clients. See my full disclosure of interests.
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