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Defensive Patent License 1.0 birthday

Saturday, November 16th, 2013

Defensive Patent License version 1.0 turned 0 yesterday. The Internet Archive held a small celebration. The FAQ says the license may be used now:

Sign up and start using the DPL by emailing defensivepatent@gmail.com.

There will be a launch conference 2014-02-2811-07 in Berkeley: gratis registration. By that time I gather there should be a list of launch DPL users, a website for registering and tracking DPL users, and a non-profit organization to steward the license, for which the Internet Archive will serve as a 501(c)3 fiscal sponsor.

Loosely organized thoughts follow. But in short:

  • DPL users grant a royalty free license (except for the purpose of cloning products) for their entire patent portfolio, to all other DPL users. This grant is irrevocable, unless the licensee (another DPL user) withdraws from the DPL or initiates patent litigation against any DPL user — but note that the withdrawing or aggressing entity’s grant of patents to date to all other DPL users remains in force forever.
  • Participation is on an entity basis, i.e., a DPL user is an organization or individual. All patents held or gained while a DPL user are included. But the irrevocable license to other DPL users then travels with individual patents, even when transferred to a non-DPL user entity.
  • An entity doesn’t need any patents to become a DPL user.
  • DPL doesn’t replace or conflict with patent peace provisions in modern free/open source licenses (e.g., Apache2, GPLv3, MPL2); it’s a different, complementary approach.
  • It may take years for the pool of DPL users’ patents to be significant enough to gain strong network effects and become a no-brainer for businesses in some industries to join. It may never. But it seems possible, and well worth trying.
  • Immediately, DPL seems like something for organizations that want to make a strong commitment, but a narrow one (only to others making the commitment), to patent non-aggression, ought to get on board with. Entities that want to make a broader commitment, including those that have already made complementary commitments through free/open source licenses or non-aggression pledges for certain uses (e.g., implementing a standard), should also get on board.

History

Last year I’d read Protecting Open Innovation: The Defensive Patent License as a New Approach to Patent Threats, Transaction Costs, and Tactical Disarmament (by Jennifer Urban and Jason Schultz, also main authors of the DPL 1.0) with interest and skepticism, and sent some small comments to the authors. The DPL 1.0, available for use now, incorporates some changes suggested in A Response to a Proposal for a Defensive Patent License (DPL) (and probably elsewhere; quite a few people worked on the license). Both papers are pretty good reads for understanding the idea and some of the choices made in DPL 1.0.

Two new things I learned yesterday are that the DPL was Internet Archive founder Brewster Kahle’s idea, and work on the license started in 2009. Kahle had been disturbed that patents with his name on them that he had been told were obtained for defensive purposes while an engineer at Thinking Machines, were later used offensively by an entity that had acquired the patents. This made him wonder if there could be a way for an entity to commit to using patents only defensively. Kahle acknowledged that others have had similar ideas, but the DPL is now born, and it just may be the idea that works.

(No specific previous ideas were mentioned, but a recent one that comes to mind is Paul Graham’s 2011 suggestion of a pledge to not initiate patent litigation against organizations with fewer that 25 employees. Intentionally imprecise, not legally binding, and offering no benefit other than appearing on a web page, probably not surprising it didn’t take off. Another is Twitter’s Innovator’s Patent Agreement (2012), in which a company promises an employee to seek their permission for any non-defensive uses of patents in the employee’s name; unclear uptake. Additional concepts are covered at End Soft Patents.)

Kahle, Urban, and Schultz acknowledged inspiration from the private ordering/carving out of free spaces (for what Urban and Schulz call “open innovation communities” to practice) through public licenses such as the GPL and various Creative Commons licenses. But the DPL is rather different in a few big ways (and details which fall out of these):

  1. Subject of grant: patent vs. copyright
  2. Scope of grant: all subject rights controlled by an entity vs individual things (patents or works subject to copyright)
  3. Offered to: club participants vs. general public

I guess there will be a tendency to assume the second and third follow strictly from the first. I’m not so sure — I can imagine free/open source software and/or free culture/open content/data worlds which took the entity and club paths (still occasionally suggested) — and I think the assumption would under-appreciate the creativity of the DPL.

DPL and free/open source software

The DPL is not replacement for patent clauses in free/open source licenses, which are conditions of public copyright licenses with different subject, scope, and audience (see previous). Additionally, the DPL’s non-grant for cloning products, which I do not understand the scope of, probably further reduces any overlap between modern FLOSS license patent provisions and the DPL that may exist. But, I see no conflict, and some complementarity.

A curiosity would be DPL users releasing software under free software licenses without patent provisions, or even with explicit patent non-grants, like CC0. A complementary curiosity would be free/source projects which only accept contributions from DPL users. Yet another would be a new software license only granting copyright permissions to DPL users (this would almost certainly not be considered free/open source), or releasing DPL users from some license conditions (this could be done as an exception to an existing license).

The DPL isn’t going to directly solve any patent problems faced by free/open source software (e.g., encumbered ‘standards’) any time soon. But, to the extent the DPL decreases the private value (expected rents) of patents and encourages more entities to not see patents as useful for collecting rents, this ought push the problems faced away, just a bit. Even if software patents were to evaporate tomorrow (as they should!), users of free/open source software would encounter patents impacted all sorts of devices running said software; patents would still be a problem for software freedom.

I hope that many free/open source software entities become DPL users, for the possible slowly accruing benefits above, but also to make common cause with others fighting for (or reforming slightly towards) intellectual freedom. Participation in broader discourse by free/open source software entities is a must, for the health of free software, and the health of free societies.

End Soft Patents’ entry on the DPL will probably be a good place to check years hence on how the DPL is viewed from the perspective of free/open source software.

DPL “enforcement”

In one sense, the DPL requires no enforcement — it is a grant of permission, which one either takes or not by also becoming a DPL user. But, although it contains provisions to limit obvious gaming, if it becomes significant, doubtless some entities will try to push its boundaries, perhaps by obfuscating patent ownership, or interpreting “cloning” expansively. Or, the ability to leave with 180 days notice could prove to be a gaping hole, with entities taking advantage of the pool until they are ready to file a bunch of patents. Or, the lack of immediate termination of licenses from all DPL users and the costliness of litigation may mean the DPL pool does little to restrain DPL users from leaving, or worse, initiating litigation (or threatening to do so, or some other extortion) against other DPL users.

Perhaps the DPL Foundation with a public database of DPL users will play a strong coordinating function, facilitating uncovering obfuscated ownership, disseminating notice of bad behavior, and revocation of licenses to litigators and leavers.

DPL copyleft?

In any discussion of X remotely similar to free/open source software, the question of “what is copyleft for X?” comes up — and one of the birthday presenters mentioned that the name DPL is a hat tip to the GPL — is the DPL “copyleft for patents”?

It does have reciprocality — only DPL users get DPL grants from other DPL users. I will be surprised if at some point someone doesn’t pejoratively say the DPL is “viral” — because the license to DPL users stays with patents even if they are transferred to a non-DPL user entity. A hereditary effect more directly analogous to the GPL might involve a grant conditioned on an licensee’s other patents which read on the licensed patent being similarly licensed, but this seems ineffective at first blush (and has been thought of and discarded innumerable times).

The DPL doesn’t have a regulatory side. Forced revelation, directly analogous to the GPL’s primary regulatory side, would be the obvious thing to investigate for a DPL flavor, but the most naive requirement (entity must reveal all patentable inventions in order to remain a DPL user in good standing) would be nearly impossible to comply with, or enforce. It may be more feasible to require revelation of designs and documentation for products or services (presumably source code, for software) that read on any patents in the DPL pool. This would constitute a huge compliance and enforcement challenge, and probably very difficult to bootstrap a significant pool, but would be an extremely interesting regulatory experiment if it gained any traction.

DPL “Troll-proof”?

The slogan must be taken with a mountain of salt. Still, the DPL, if widely adopted, would mitigate the troll problem. Because grants to DPL users are irrevocable, and follow a patent upon changes of ownership, any patent with a grant to DPL users will be less valuable for a troll to acquire, because there are fewer entities for the troll to sue. To the extent DPL adoption reduces patenting in an industry, or overall, there will be less ammunition available for trolls to buy and use to hold anyone up. In the extreme of success, all practicing entities become DPL users. Over a couple decades, the swamp is drained.

Patents are still bad

The only worrisome thing I heard yesterday (and I may have missed some nuance) was the idea that it is unfortunate that many engineers, and participants in open innovation communities in particular, see patents as unethical, and that as free/open source software people learned to use public copyright licenses (software was not subject to copyright until 30-40 years ago), they and others should learn to use appropriate patent tools, i.e., the DPL.

First, the engagement of what has become free/open source software, open access, open data, etc., with copyright tools, has not gone swimmingly. Yes, much success is apparent, but compared to what? The costs beg to be analyzed: isolation, conservatism, internal fighting, gaming of tools used, disengagement from policy and boundary-pushing, reduction (and stunting) of ethics to license choice. My ideal, as hinted above, would be for engagement with the DPL to help open innovation communities escape this trap, rather than adding to its weight.

Second, in part because extreme “drain the swamp” level of success is almost certainly not going to be achieved, abolition (of software patents) is the only solution. And beyond software, the whole system should be axed. Of course this means not merely defending innovators, including open innovation communities, from some expense and litigation, but moving freedom and equality to the top of our innovation policy ordering.

DPL open infrastructure?

I hope, in part to make the DPL attractive to existing open innovation communities, I really hope the DPL Foundation will make everything it does free and open with traditional public copyright and publishing tools;

  • Open content: the website and all documentation ought be licensed under CC0 (though CC-BY or CC-BY-SA would be acceptable).
  • Open source/open service: source code of the eventual website, including applications for tracking DPL users, should be developed in a public repository, and licensed under either Apache2 or AGPLv3 (latter if the Foundation wishes to force those using the software elsewhere to reveal their modifications).
  • Open data: all data concerning DPL users, licensed patents, etc., should be machine-readable, downloadable in bulk, and released under CC0.

DPL readability

I found the DPL surprisingly brief and readable. My naive guess, given a description of how it works, would have been something far longer and more inscrutable. But the DPL actually compares to public licenses very favorably on automated readability metrics. Table below shows these for DPL 1.0 and some well known public copyright licenses (lower numbers indicate better readability, except in the case of Flesch; Chars/(Flesch>=1) is my gross metric for how painful it is to read a document; see license automated readability metrics for an explanation):

SHA1 License Characters Kincaid ARI Coleman-Liau Fog Lix SMOG Flesch Chars/(Flesch>=1)
8ffe2c5c25b85e52f42fcde68c2cf6a88b7abd69 Apache-2.0 8310 16.8 19.8 15.1 20.7 64.6 16.6 33.6 247
20dc61b94cfe1f4ba5814b340095b4c3fa23e801 CC-BY-3.0 14956 16.1 19.4 14.1 20.4 66.1 16.2 40.0 373
bbf850220781d9423be9e478fbc07098bfd2b5ad DPL-1.0 8256 15.1 18.9 15.7 18.4 65.9 15.0 40.6 203
0473f7b5cf37740d7170f29232a0bd088d0b16f0 GPL-2.0 13664 13.3 16.2 12.5 16.2 57.0 12.7 52.9 258
d4ec7d0b46077b89870c66cb829457041cd03e8d GPL-3.0 27588 13.7 16.0 13.3 16.8 57.5 13.8 47.2 584
78fe0ed5d283fd1df26be9b4afe8a82124624180 MPL-2.0 11766 14.7 16.9 14.5 17.9 60.5 14.9 40.1 293

Automated readability metrics are probably at best an indicator for license drafters, but offer no guidance on actually improving readability. Last month Luis Villa (incidentally, on the DPL’s advisory board) reviewed a manual of style for contract drafting by editing Twitter’s Innovator’s Patent Agreement per the manual’s advice. I enjoyed Villa’s post, but have not attempted to discern (and discernment may be beyond my capability) how closely DPL 1.0 follows the manual’s advice. By the way, Villa’s edit of the IPA per the manual did improve its automated readability metrics:

SHA1 License Characters Kincaid ARI Coleman-Liau Fog Lix SMOG Flesch Chars/(Flesch>=1)
8774cfcefbc3b008188efc141256b0a8dbe89296 IPA 4778 19.6 24.0 15.5 22.7 75.8 17.0 27.1 176
b7a39883743c7b1738aca355c217d1d14c511de6 IPA-MSCD 4665 17.4 21.2 15.6 20.4 70.2 16.0 32.8 142

Net

Go back to the top, read the DPL, get your and other entities in the queue to be DPL users at its launch! Or, explain to me why this is a bad idea.

“I would love it if all patents evaporated” (WebRTC)

Monday, November 11th, 2013

I’ve been following WebRTC (Real Time Communications) because (1) it is probably the most significant addition to the web in terms of enabling a new class of applications at least since the introduction of Ajax (1998, standardized by 2006), and perhaps since the introduction of Javascript (1995, standardized by 1997). The IETF working group charter puts it well (another part of the work is at W3C):

There are a number of proprietary implementations that provide direct interactive rich communication using audio, video, collaboration, games, etc. between two peers’ web-browsers. These are not interoperable, as they require non-standard extensions or plugins to work. There is a desire to standardize the basis for such communication so that interoperable communication can be established between any compatible browsers. The goal is to enable innovation on top of a set of basic components. One core component is to enable real-time media like audio and video, a second is to enable data transfer directly between clients.

(See pad.textb.org (source) for one simple application; simpleWebRTC seems to be a popular library for building WebRTC applications.)

And (2) because WebRTC is the scene of the latest fight to protect open web standards from rent seekers.

The IETF working group is choosing between H.264 Constrained Baseline Profile Level 1.2 and VP8 as the Mandatory To Implement (MTI) video codec (meaning all applications can count on that codec being available) for WebRTC. H.264 cannot be included in free and open source software, VP8 can, due to their respective patent situations. (For audio-only WebRTC applications, the free Opus codec seems to be a non-controversial requirement.)

Cisco has recently promised that in 2014 they will make available a binary implementation of H.264 for which they will pay license fees for all comers (there is an annual cap on fees, allowing them to do this). That’s nice of them, but the offer is far from ideal for any software (a binary must be downloaded from Cisco servers for each user), and a nonstarter for applications without some kind of plugin system, and for free and open source software distributions, which must be able to modify source code.

Last week I remotely attended a meeting on the MTI video codec choice. No consensus was reached; discussion continues on the mailing list. One interesting thing about the non-consensus was the split between physical attendees (50% for H.264 and 30% for VP8) and remote attendees (20% for H.264, 80% for VP8). A point mentioned several times was the interest of “big players” (mostly fine with paying H.264 fees, and are using it in various other products) and “little players” (fees are significant, eg startups, or impossible, eg free and open source projects); depending on one’s perspective, the difference shows how venue biases participation in one or both directions.

Jonathan Rosenberg, the main presenter for H.264, at about 22 minutes into a recording segment:

I would love it if all patents evaporated, if all the stuff was open source in ways that we could use, and we didn’t have to deal with any of this mess.

The argument for why H.264 is the best choice for dealing with “this mess” boils down to H.264 having a longer history and broader adoption than VP8 (in other applications; the two implementation of WebRTC so far, in recent versions of Chrome and Firefox, so far exclusively use VP8).

Harald Alvestrand, the main presenter for VP8, at about 48 minutes into another recording segment:

Development of codecs has been massively hampered and held back by the fact that it has been done in a fashion that has served to maximize the patent encumbrances on codecs. Sooner or later, we should see a way forward to abandon the dependence on encumbered codecs also for video software. My question, at this juncture, is if not now, when?

Unsurprisingly, I find this (along with the unworkability of H.264 for free and open source software) a much more compelling argument. The first step toward making patents evaporate (or at least irrelevant for digital video) is to select a codec which has been developed to maximize freedom, rather than developed to maximize encumbrances and rent collection.

What are individuals and entities pushing H.264 as the best codec for now, given the mess, doing for the longer term? Are they working on H.265, in order to bake in rents for the next generation? Or are they contributing to VP9, the next-next generation Daala, and the elimination of software patents?

Addendum: Version of this post sent to rtcweb@ietf.org (and any followups).

The real Open Source _ proliferation problem

Tuesday, October 22nd, 2013

The Open Source Initiative, best known for keeping a list of licenses compliant with its Open Source Definition, has hired its first-ever full time paid staffer, Patrick Masson as General Manager.

Masson’s blog has lots of good entries (if you just want to be amused, try a 10 year press release diff). One thing he bemoans repeatedly and pithily (It’s “many eyeballs…” not “many projects…”) is too much fragmentation and too little collaboration among open source projects. His most recent post, Joiners, Not Starters:

What’s painful is that there are already over 350 open source communities developing learning management systems. I find it frustrating and hypocritical to hear, “This is a great time to get involved for people who are interested in helping to shape this project…” from people who chose not to get involved–rather, choosing to do something on their own. Why is it a great time to join the Adapt project over any other existing effort looking to build community for support, contribution and collaboration? Why didn’t the folks who are developing Adapt take advantage of this great time in open source development and join an existing initiative? Indeed, couldn’t every current open source project (substituting out Adapt for their own name) use the above announcement to generate awareness and adoption of their own project?

Sounds just like the first question/advice for anyone looking to start a new organization. Economies of scale are hard to beat. But fragmentation is much worse for software, so much of its value coming from network effects. When lots of people, preferably most of the relevant population, are using a software application, it’s easy to find training, advice, employees, commercial support, and preinstalls of that software. It is easy to figure out which software is pertinent. Massively valuable stuff. Oh, and more people contributing to making the software better, if it is open source.

When there are lots of open source alternatives for a particular kind of software, and this contributes to none of them being dominant, the ability of open source to compete with proprietary vendors and deliver freedom to users and society, is severely hampered. More or less killed. (The inverse can also be true, but probably with many fewer instances.) The Linux desktop is probably an example. Further, public policy is negatively impacted: fragmented projects serve at best as existence proofs, dominant open projects powerfully shape the policy conversation, and the policy ecosystem — by wiping out the capitalization of entities aligned with rent seeking.

People who know the open source world well like to worry about about “license proliferation” (which the OSI’s license list mentioned at the beginning serves to throttle) and related, license incompatibility. I do too, including in and across nearby spaces, to the extent I think it is a minor tragedy that licenses first developed for software didn’t also come to dominate culture, data, hardware, etc, yet. But I’m pretty sure the open world could cope with each project adapting or developing a license just for its own use, though it would be hugely annoying. Fortunately, progress has often been in the right direction.

Project/program proliferation and related dwarfish network effects and collaboration are much, much bigger problems. There are cases where a dominant program has arisen from a highly fragmented field (eg WordPress among a mess of open source blog engines, Django among lots of Python web framework, git among a smaller number of distributed version control systems), but I’m not sure this has ever come about because people agitated against proliferation. There are standards-like collaborations among projects, such as freedesktop.org, which can result in more sharing of code and collaboration among projects, but I’m not sure do much to enable mass adoption and network effects. What more can be done, given that of course it will always be acceptable, often educational, and very occasionally wildly successful to work on Yet Another Foo?

  • The low-hanging fruit is to help projects become easier for new contributors to get involved in, and friendly for staying involved in. Decrease the cost of contributing to existing projects, more will choose to do that rather than start, or leave to start, new projects.
  • I don’t have much insight into the politically charged process of picking winners and merging efforts. Distributions (which are themselves terribly fragmented) probably already do a lot. Could they do more? Could institutions broker mergers? Could OSI? Stun all by bringing LibreOffice and OpenOffice together. GNOME, KDE, and Unity as well. How about federated social web efforts?
  • Marketing, promotion, sales. These are what any large proprietary software company does (same outside software, for publishing, etc.), and what open source projects need a lot more of, both to compete directly with proprietary industry, and to help winners with huge network effects emerge.

Each of these points also apply very strongly to non-software projects.

Another thing Masson repeatedly bemoans on his blog, and that I very much agree with, is the lack of “open” advocates eating their own dogfood — using open things other than the one they’re promoting, or open things from fields other than the one they’re supposedly opening:

However with so little folks actually interested in openness, but rather promoting their open product, we just don’t see the level of adoption we should with all open initiatives. Basically, if I can be blunt, you’re a hypocrite if you get up in front of your peers to proclaim the superiority of your project because it embraces open principles and practices, arguing it is those principles and practices that yield better products, but you yourself have not adopted other open resources. “Hold on, let me open up PowerPoint to tell you about how bad commercial software is.”

This not only harms network effects (or rather, has “open” advocates contributing to the network effects of proprietary software, culture, etc), but reduces knowledge transfer across open projects and fields. Masson seems to come from the education technology world; if that is anything like the open education[al resources] world, I suspect he’s speaking from painful experience.

Congratulations to OSI and Masson. I look froward to amazing progress on the above problems and many others! You can support their work by joining OSI as an individual member. Of course I also recommend joining the Free Software Foundation as an individual member. Because open source means freedom.

“We’ve found that lots of messages from googlegroups.com are spam”

Monday, September 16th, 2013

gmail screenshot with googlegroups.com are spam explanation

Take this as an indication that running a large mailing list hosting service, and keeping it relatively free of spam, is very hard. Google Groups is unlikely to be shut down anytime soon, but maybe all messages and groups will be migrated to Google+ posts and communities, respectively. Lots of people would hate that, but Google controls the identifiers (this is probably most immediately pertinent), transitioning ownership or stewardship of services is hard, and the software isn’t free (but, at least non-software copyright may not be much of a practical obstacle; has anyone ever been threatened or actually prevented from mirroring mailing list archives?). The world would move on.

Two other amusing but less indicative of anything about the service screenshots of Gmail, from 2009.

show quoted text

signature cascade

If you want FLOSS alternatives to GMail and Google Groups, commercial ones include MyKolab and OnlineGroups respectively. Both are expensive; a post explaining why MyKolab is. If you’re politically aligned, Riseup provides mail and lists (their NSA statement; I’m surprised I haven’t seen the string alternastructure until now). Mailman 3⸮ And if you want everything to move to social-networky-but-free platforms, not much has changed since 3 months ago.

Googbye Adalytics

Saturday, August 10th, 2013

I featured a 468×60 Google AdSense block in the footer of this blog since 2004-08-30, and included Google Analytics javascript since 2006-12-29. I failed to note adding either.

I’m behind on my 8 year blog refutation schedule, will probably do a six middle months post rather than Q2 and Q3 separately; see Q1. In the meantime, I’ll note removing AdSense and Analytics now.

I added AdSense as a small way of getting to know a hugely significant part of the net a little better through direct experience. My revenue expectations were met over the years — trivial, due to trivial traffic and relatively innocuous placement. Viewing my blog with a browser sans adblock and with flash for the first time in perhaps years just now prompted the removal and this post, which I had planned to do in the fullness of time — the innocuous placement was still ugly, and with flash enabled all of the ads are graphical and many animated. Clearly I have learned all I am capable of learning via this experiment, which I am glad I did. If I ever have something characterized as third party ads here again, it’ll be via some very different mechanism.

I more dimly recall adding Analytics because I never looked at log analysis generated reports, and maybe if I looked I would find something to optimize. I seldom looked at Analytics, and never discerned anything. If I really feel the urge to look again, I’ll use a log analysis program, and if I want an Analytics-like interface, use Piwik. I realize for some analysis, and especially some experiments, in-page javascript can be very helpful. If I ever really want to do that, Piwik can.

Relatedly, I’ve meant to recommend Don Marti’s blog for a long time, when I got around to saying and doing more about net advertising, but don’t wait for me.

Exit skype loyalty

Thursday, July 18th, 2013

Why Doesn’t Skype Include Stronger Protections Against Eavesdropping?

At the EFF blog Seth Schoen speculates that Microsoft could be under continuous secret court orders which could possibly be interpreted to not allow it to add privacy protecting features to Skype. Maybe, but this can’t explain why Skype did not protect users prior to acquisition by Microsoft.

Schoen’s post closes with (emphasis in original):

That’s certainly not the case today, legally or technically—today, different kinds of calls offer drastically different levels of privacy and security. On some mobile networks, calls aren’t encrypted at all and hence are even broadcast over the air. Some Internet calls are encrypted in a way that protects users against some kinds of interception and not others. Some calls are encrypted with tools that include privacy and security features that Skype is lacking. Users deserve to understand exactly how the communications technologies they use do or don’t protect them. If Microsoft has reasons to think this situation is going to change, we need to know what those reasons are.

I’ll throw out some definite reasons users aren’t getting the protection and information deserved (secret court orders may be additional reasons):

  • Features have costs (engineering, UX, support); why should a developer bother with any feature when:
  • Few users have expressed demand for such features through either exit or voice;
  • Advocates who believe users deserve protection and information have failed to adequately increase actual user and policy demand for such;
  • Advocates and would-be providers of tools giving users what they deserve have failed to adequately deliver (especially to market! few users know about these tools) such.

In short Skype has not protected users or informed them about lack of protection because they face near zero threat (regulatory or competitive product) which would interest them in doing so.

EFF is doing as well and as much as any entity at generally informing users who probably already care a little bit (they’re reached by the EFF’s messages) and a whole lot more deserving of support. Keep that voice up but please always include exit instructions. Name “tools that include privacy and security features”; I see a screenshot of Pidgin in the EFF post, give them some love! Or better, Jitsi, the most feasible complete Skype replacement for all platforms. Otherwise your good efforts will be swamped by Skype user loyaltynetwork effect lockin.

Related argument: Realize Document Freedom Day; on topic: Free, open, secure and convenient communications: Can we finally replace Skype, Viber, Twitter and Facebook?

Life in the possibly bright future of the federated social indieweb

Saturday, June 8th, 2013

After about five years (2.5 year update) it’s hard not to be disappointed in the state of the federated social web. Legacy silos have only increased their dominance, abetting mass spying, and interop among federated social web experiments looks bleak (link on different topic, but analogous).

In hindsight it was disappointing 5 years ago that blogs and related (semweb 1.0?) technologies hadn’t formed the basis of the federated social web (my pet theory is that the failure is in part due to the separation of blog post/comment writing and feed reading).

Another way of looking at it is that despite negligible resources focused on the problem, much progress has been made in figuring out how to do the federated social web over the past five years. Essentially nothing recognizable as a social web application federated five years ago. There are now lots of experiments, and two of the pioneers have learned enough to determine a rewrite was necessary — Friendica→Red and the occasion for this post, StatusNet→pump.io.

Right now is a good time to try out a federated social web service (hosted elsewhere, or run your own instance) again, or for the first time:

My opinion, at the moment: pump.io has the brightest future, Diaspora appears the most featureful (inclusive of looking nice) to users, and Friendica is the best at federating with other systems. Also see a comparison of software and protocols for distributed social networking and the Federated Social Web W3C community group.

The Indie Web movement is complementary, and in small part might be seen as taking blog technologies and culture forward. When I eventually rebuild a personal site, or a new site for an organization, indieweb tools and practices will be my first point of reference. Their Publish (on your) Own Site, Syndicate Elsewhere and Publish Elsewhere, Syndicate (to your) Own Site concepts are powerful and practical, and I think what a lot of people want to start with from federated social web software.

*Running StatusNet as I write, to be converted to pump.io over the next hours. The future of StatusNet is to be at GNU social.

List of Wikimania 2013 Submissions of Interest

Saturday, May 4th, 2013

Unlikely I’ll attend Wikimania 2013 in Hong Kong (I did last year in DC). In lieu of marking myself as an interested attendee of proposed sessions, my list of 32 particularly interesting-to-me proposals follows. I chose by opening the proposal page for each of the 331 submissions that looked interesting at first glance (about 50) and weeded out some of those.

I suspect many of these proposals might be interesting reading for anyone generally curious about possible futures of Wikipedia and related, similar, and complementary projects, but not following any of these things closely.

A “kill hollyweb” plan

Friday, May 3rd, 2013
May 3 is the Day Against DRM (Digital Restrictions Management). Please sign the petition against DRM in the HTML5 standard. Then come back and read this post.

Recently I wrote in Why DRM in HTML5 and what to do about it:

Long term, the only way the DRM threat is going to be put to rest is for free cultural works to become culturally relevant.

I’ve complained many a time that rearguard clicktivism against bad policy is not a winning strategy — especially when such campaigns don’t also promote free-as-in-freedom software and cultural works — because as I put it one of those times:

In a world in which most software and culture are free as in freedom there would be no constituency for attacking the Internet (apart from dictatorships and militarized law enforcement of supposed democracies)

But I’m at fault too for not laying out a specific plan for making some free works culturally relevant, let alone carrying out such a plan.

OK, here’s one plan I recently mentioned offhandedly:

‘free-as-in-freedom ~netflix’
  • crowdfund minimum number of subscriptions needed to begin
  • subscriptions used to really nicely package/stream and promote free as in freedom video
  • start with 1 feature-length video selection each month (perhaps even quarter during a beta phase)
  • mix of contemporary (of which there isn’t much yet) and older public domain movies
  • limited, promoted releases concentrate subscription audience: focused increase of cultural relevance, one work at a time
  • given enough subscriptions, start funding new free videos
  • obviously videos would be DRM-free, in free formats, all software used free software, and all ancillary material also free-as-in-freedom

Good idea? Run with it, or if you’d like to subscribe or otherwise help create it in any way, fill out this 3 question survey. Bad idea, but still care? Let me know via the survey. Or mail ml@gondwanaland.com or contact user mlinksva on some other usual channel.



“Kill Hollyweb” is in part a reference to the Y Combinator Request For Startups 9: Kill Hollywood. The plan above isn’t really a Kill Hollywood plan as it isn’t about replacing movies with some other form of entertainment.

Products that embody openness the most powerful way to shape the policy conversation

Wednesday, May 1st, 2013

Aza Raskin writing about Mozilla:

Developing products that embody openness is the most powerful way to shape the policy conversation. Back those products with hundreds of millions of users and you have a game-changing social movement.

I completely agree, at least when “product” and “policy” are construed broadly — both include, e.g., marketing and adoption/use/joining of products, communities, ethics, ideas, etc. Raskin’s phrasing also (understandably, as he’s working for Mozilla) emphasizes central organizations as the actor (which backs products with users, rather than users adopting the product, and participating in its development) more than I’d like, but that’s nuance.

This is why I complain about rearguard clicktivism against bad policy that totally fails to leverage the communication opportunity to also promote good policy and especially products that embody good policy, and even campaigns for good policy concepts that fail to also promote products which embody the promoted policy.

To summarize, there’s product competition and policy competition, and I think the former is hugely undersold as potently changing the latter. (There’s also beating-of-the-bounds, perhaps with filesharing and wikileaks as examples, which has product and policy competition aspects, but seems a distinct kind of action; which ought to be brought into closer conversation with the formal sector.)

The main point of Raskin’s post is that Mozilla is a second-mover, taking proven product segments and developing products for them which embody openness, and that it could do that in more segments, various web applications in particular. I look forward to more Mozilla services.

A lot of what Wikipedia and Public Library of Science have done very successfully could also be considered “second mover”, injecting freedom into existing categories — sometimes leading to exploding the a category with something qualitatively and quantitatively huger.

I admit that the phrase I pulled from Raskin’s post merely confirms (and this by authority!) a strongly held bias of mine. How to test? Failing that, what are the best arguments against?