In the nick of time, a hero arose

Finally got my thoughts on Sabam vs Scarlett out. This is the first European Court ruling on the copyright trolls attempts to wreck the internet. I have backdated it to November, when it first happened because I want to. The article has obviously been amended as things move on. Please read the full article here.

In summary the Belgian collective rights society, i.e. the private sector organisation that taxes pubs, cafes and jukeboxes on behalf of monoploy capitalism lost its attempt to force Belgum’s biggest ISP to do everything they wanted. The upside is that copyright trolls lost, the downside, they asked for everything and so some of what they want may still be legal.

Further  upside is that the European Court stated that the rights of citizens and ISPs must be balanced with those of copyright holders! This is our hope. …

Search Neutrality goes to Parliament

Earlier this week I attended the @pictfor meeting advertised as about “Search Neutrality”. It had entered my radar when Alec Muffett who had been invited to speak, announced his attendance on twitter and his Computer World blog, “The Google Dialogues : Search Neutrality”. The speakers were Alec, and Shivaun Raff, the CEO of Foundem and Mark Margaretten, Professor at U. of Bedford. Foundem is one of the complaintants to the EU provoking an EU monopoly investigation into Google. This is covered in the Guardian, on the 20th November, in an article called “Google search investigation sparked by complaint from British site”.

Shivaun argued that Google manipulates its sort order to benefit its own alternative properties, particularly the price comparison sites. (Foundem is a vertical price comparison site.) They argue that over 90% of European search is fulfilled by Google, and that when Google chose to discriminate against them, their traffic fell off to a business breaking trickle.

Alec and Mark took a similar line to each other, Google is one click away from failure, relevance including sort order is subject to competitive pressure & no-one has a right to a place in a search engine’s sort order. Alec in his blog post points at James Grimelmann’s article,“Some Skepticism about Search Neutrality” who makes similar points, although Grimmelmann argues that vertical search sites are rarely useful or usable. Margaretten dealt with this less judgmentally by pointing out that Google also prefers sites with original content, which is why aggregator sites do less well. He reinforced the point that there are good reasons to devalue vertical search sites, although Foundem can prove that they were specifically penalised. Grimmelman distinguishes between regulating for “Search Neutrality” which he opposes and anti-trust law which he argues is different and has its own theory and practice. The meeting missed this dichotomy between monopoly regulation and search neutrality.

Shivaun Raff was backed up by a spokesperson from Streetmap, who provided some evidence that Google had manipulated their sort order when they launched Google maps in order to better compete with the established players. I hope that they have made a submission to the Commission. The talk in the bar after was that streetmap lost out due to Google Maps technical superiority particularly features such as navigation, user generated content, personal customisation and world wide coverage; however even if this is true it doesn’t necessarily mean that the allegation of malicious action is unjustified.

I’ll be interested to see if the Commission come to consider Google to be a monopoly. It dominates in search, and its maps and mail are wildly popular but it’s definitely second choice for microblogging (g+) where it’s outgunned by twitter and facebook, identity assurance where Google Profile trails behind twitter and facebook, picture blogging (Yahoo), bookmarks (delicious and reddit) and blogging (wordpress). It’s interesting to consider this in the light of some changes made by google to their user experience over the last couple of months where they are staring to build walls around their services to make it harder to share one’s data with other companies services. For instance, they have wrecked Google Reader for me since I can now only share news via Google+, there is now no open XML feed for these. I’ll explore this in another post soon. …

The chilling effect of global copyright enforcement

And on to the EU’s attempt to implement strong copyright enforcement. I’ll return to the UK in the next week or so, but the European Commission signed the Anti-Counterfeiting Trade Agreement (ACTA) a couple of days ago. This proposed trade treaty has been negotiated in secret amongst a group of governments from the developed world. The US agenda was to strengthen international enforcement of intellectual property laws, and the original European agenda was similar, but orientated more around the protection of a number of geographic brands, such as champagne or cheddar. The Open Rights Group talks, on their blog, about the secrecy and how we have came to this point. …

Yankee Law, freedom and the internet!

The White House, in a reply to a petition on its e-petitions site calling for them to oppose the current legislative attempts to censor the internet in the name of anti-piracy says, among other things,

Any effort to combat online piracy must guard against the risk of online censorship of lawful activity and must not inhibit innovation by our dynamic businesses large and small. Across the globe, the openness of the Internet is increasingly central to innovation in business, government, and society and it must be protected. To minimize this risk, new legislation must be narrowly targeted only at sites beyond the reach of current U.S. law, cover activity clearly prohibited under existing U.S. laws, and be effectively tailored, with strong due process and focused on criminal activity…..”

It adds,

We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet. Proposed laws must not tamper with the technical architecture of the Internet through manipulation of the Domain Name System (DNS), a foundation of Internet security. Our analysis of the DNS filtering provisions in some proposed legislation suggests that they pose a real risk to cybersecurity and yet leave contraband goods and services accessible online. We must avoid legislation that drives users to dangerous, unreliable DNS servers and puts next-generation security policies, such as the deployment of DNSSEC, at risk.”

It’s a shame they didn’t come to this conclusion earlier and continued to permit the US Trade Representative and the US’s Embassies the world over to lobby and bully for Hollywood’s laws and to seek extradition clearly non-criminal behaviour.

I demand that the US Government withdraw their extradition request for Richard O’Dwyer; its not in-line with the policy above. O’Dwyer is not a criminal; links are legal in the UK. (So actually, it is my view that foreign nationals should not lobby the US Government, just as I do not expect foreign nationals, or tax non-domiciles to finance politics in the UK . I have,however, signed one anti-SOPA petition; it was clearly labelled as a global initiative, so I would ask my US friends and comrades to take up O’Dwyer’s case. )

It is a disgrace that the White House can grandstand for its own fundamental rights and laws and its own business innovation while funding an oppressive lobbying regime and the legal pursuit of hobbyists.

It is a disgrace that British politicians and Judges, spinelessly permit this abuse to occur.

It is a disgrace that American legislators are prepared to attack the freedom of speech for the rest of the world in order to protect the super-profits of billionaires. …

Why the DE Act is not in breach of EU law?

I have finally finished my summary of the Judicial Review of the Digital Economy Act. [here]. I have posted it on this blog backdated it to 21st April 2010, since that is the day after the judgement was delivered, and close to when I started it.  It’s a hard read, and I am not sure my summary is much easier. It’s clearly taken a long time to read the judgement and write my review in hours taken and from when I started, for that I apologise. It doesn’t mean it’s not worth reading.

The ruling states that,

  1. the DE Act is not a technical regulation and thus does not need to be notified to the EU Commission as part of the legislative process, although the subsidiary Ofcom regulations will.
  2. the DE Act does not conflict with the EU’s E-Commerce Directive because the ‘mere conduit’ defence is not absolute, it does not require ‘general monitoring’, and copyright protection measures are excluded from the domain of the ECD.
  3. the DE Act does not conflict with the EU or UK Privacy and Data Protection laws because copyright enforcement measures are permitted processing measures under the Law.
  4. the DE Act does not conflict with the EU’s Authorisation Directive since the AD does not prohibit amendment or supplementary regulation, however it does invalidate some aspects of the proposed cost sharing order.
  5. the claimants fail to prove that the DE Act and its parliamentary passage was sufficiently disproportionate to warrant being struck down i.e. that intellectual property rights are balanced against the rights of ISSPs and citizens by Parliament.

The ruling made no comments on the proportionality of any “Technical Measures” since they have not been drafted, agreed or promulgated.

The court made no comment on whether a law requiring “careful balance” on the issues of “fundamental rights” should be passed using the unprecedented accelerated procedures of House of Commons’ Wash-up. This process meant that the possibly 100’s of hours of review time spent by elected politicians was avoided. (The Commons spent under 10 hours considering the Bill.)

Judge Parker refused the claimants the right to appeal, but this has now been granted on all grounds except that the DE Act breaches the E-Commerce Directive by imposing a duty of general monitoring.  This was reported by the Guardian [here] and Linx [here]. …

Program or be Programmed, it starts at school

It would seem that even the IT industry is fed up with England’s IT education syllabus. A number of IT companies, most of them US subsidiaries have issued a “report” seeking to influence the quality of IT teaching in England. In an article, called “Coding the New Latin”, the BBC report,

Today, the report is dated 28th Nov, the likes of Google, Microsoft and other leading technology names will lend their support to the case made to the government earlier this year in a report called Next Gen. It argued that the UK could be a global hub for the video games and special effects industries – but only if its education system got its act together

 …

A Nordic morning

Just back from a trip to Guildford, to the Scandinavian Fair. We now have some Xmas presents for others, a hat for me, and some snacks with which to watch “The Killing”.

Copenhagen, taken from Wikipedia's Copenhagen page

No pickled fish unfortunately, but we made up for that on the way home. …

Sabam vs Scarlet, the People vs. Copyright

The European Court rules to balance the rights of copyright holders against citizenship rights. Finally some sense from the courts. The SABAM vs Scarlet case from Belgium has finally reached the end of the road. The European Court of Justice has ruled that EU Law prohibits national courts from forcing Internet Service Providers (ISPs) to filter and block all users, including alleged and proven copyright infringers. …

Good British Universities, again

I don’t want to get into a row with David Blanchflower,who takes issue with the QS University Ranking results 2011 and have no argument with his assertion that Cambridge is not the best University in the World, but unless the U. of Shanghai  (UoS) have revised their methodology since I last looked at it while on the EU’s NESSI steering committee, in early 2009 , they

  • overemphasise Science (& specifically Medicine)
  • overemphasise US publication (& hence English language research)
  • have no teaching quality metric ( apart from alumni citations)
 …