Post Open Source

Mike – Please Call Now for GPL’s Funding Approval

Thursday, April 30th, 2015

Today I glanced at my spam folder and noticed an odd one:

Subject: Mike – Please Call Now for GPL’s Funding Approval

Though not a subject line fitting the style of either, for a moment I thought mail from Karen Sandler or Bradley Kuhn of Software Freedom Conservancy might have been misfiled.

Nope, it’s just spam:

Mike,I wanted to send you a quick reminder to let you know that I still have an opening today to get GPL instantly qualified for 1-2 times your gross monthly revenue, up to $500,000. There is no personal guarantee or collateral required. If you have $180,000+ per year in gross revenue and have been in business for 12 months, you could qualify for this program.

If you can, please give me a call before 6:00 pm CT today so I can get you in the system, 888-###-####. Over 90% of applicants qualify for this special program, but I need to get your application in.

But I smiled. GPL’s funding approval will have to come from you, dear reader. The Conservancy fundraising effort for enforcement of GPL compliance I mentioned last month met its goal, but with more support we could further ramp up compliance work (my mention last month explained why all sorts, including GPL lovers, haters, and exploiters, ought want this). Donate in support of compliance work or become a general Conservancy supporter!

Hello World Intellectual Freedom Organization

Saturday, April 25th, 2015

Today I’m soft launching an initiative that I’ve been thinking about for 20 years, obtained a domain name for in 1998, blogged about once in 2004, and the last few years have been exploring on this blog without naming it. See the first items in my annual thematic doubt posts for 2013 and 2014: “protecting and promoting intellectual freedom, in particular through the mechanisms of free/open/knowledge commons movements, and in reframing information and innovation policy with freedom and equality outcomes as top.”

I call it the World Intellectual Freedom Organization (WIFO).

Read about its theory, why a new organization, proposed activities, and how you can help/get involved.

Why today? Because April 26 is World Intellectual Freedom Day, occupying and displacing World Intellectual Property Day, just as intellectual freedom must occupy and displace intellectual property for a good future. Consider this 0th World Intellectual Freedom Day another small step forward, following last year’s Without Intellectual Property Day.

Why a soft launch? Because I’m eager to be public about WIFO, but there’s tons of work to do before it can properly be considered launched. I’ve been getting feedback from a handful of people on a quasi-open fellowship proposal for WIFO (that’s where the activities link above points to) and apologize to the many other people I should’ve reached out to. Well, now I’m doing that. I want your help in this project of world liberation!

Video version of my proposal at the Internet Archive or YouTube. My eyes do not lie, I am reading in an attempt to fit too much material in 5 minutes.

I’ll probably blog much less here about “IP” and commons/free/libre/open issues here from now on, especially after opening a WIFO blog (for now there’s a Discourse forum; most of the links above point there). Not to worry, I am overflowing with idiosyncratic takes on everything else, and will continue to post accordingly here, as much as time permits. ☻

Be sure to celebrate the 0th World Intellectual Freedom Day, even if only momentarily and with your lizard brain.

uBlock now blocks newsletter tracking links

Wednesday, April 15th, 2015

A year ago I wrote that most email newsletters are spam, file accordingly. Glad to see that someone agrees. Sometime between versions 0.9.10 and 0.9.30 of uBlock, the ad-blocking extension started blocking the tracking links commonly found in email newsletters (the ones I mentioned in previous post and many more are matched by the EasyPrivacy list included in uBlock). If you mistakenly subscribe to such a newsletter and click one of its links with a recent uBlock version installed, below is what you’ll see.

The Firefox Addons site has an old version of uBlock. Get it from the uBlock releases page instead.

Newsletter senders, including many from well-meaning organizations, please read my previous post and stop being jerky to your customers, fans, constituents, subscribers, patrons, or however you think of people receiving your newsletter — give them transparent, untracked links.

Or you could play cat and mouse with the uBlock and EasyPrivacy developers. This would be further evidence that your organization is a misallocation of resources.

2 great Document Freedom Day announcements

Thursday, March 26th, 2015

Yesterday (March 25) was again Document Freedom Day, a celebration of open standards. Rather than my usual critical cheering, this year I took to adding all of my pertinent posts to a free/libre/open formats/protocols/standards category and want to highlight two exciting announcements:

(1) IETF NetVC BoF notes, slides:

Goals for the Proposed WG

  • Development of a video codec that is:

    • Optimized for real-time communications over the public Internet
    • Competitive with or superior to existing modern codecs
    • Viewed as having IPR licensing terms that allow for wide implementation and deployment
    • Developed under the IPR rules in BCP 78 (RFC 5378) and BCP 79 (RFCs 3979 and 4879)
  • Replicate the success of the CODEC WG in producing the Opus audio codec.

For more on why this is exciting, see Opus! and “I would love it if all patents evaporated” (WebRTC). Appropriately, yesterday also brought another blog-like post (discussion) on the development of the Daala codec, which could form the basis of the hoped-for IETF standard.

(2) LibreOffice Online is coming. If successful it will fill a major gap in the free software product line. I worried about this gap the last time I congratulated LibreOffice on another release.

Apple watch

Monday, March 9th, 2015

Apple Watch official logoApple epitomizes the future we’re choosing by way of treating knowledge as property: gross inequality and hierarchical control, but amazing, such that it is hard to imagine a different arrangement. (I argue very different arrangements concerning knowledge are possible and some would produce much better outcomes — freedom and equality — and some would produce much worse, but still be considered amazing, as they would be relative to the past — knowledge policy is a point of incredible leverage in either direction.)

I don’t watch Apple closely at all, but occasionally a headline catches my eye, as two have recently.

  • Android share of smartphone profits plummets to 11 percent. 89% of smartphone profits go to Apple, despite shipping only 19.7% of smartphones. Of course there are other contributing factors, but these numbers suggest to me something about the surplus obtained by producers and consumers in the case of proprietary (iOS) and open source (Android) operating systems, and the resulting concentration of wealth toward owners of the former.
  • Apple Is Now More Than Double the Size of Exxon—And Everyone Else. That’s by market capitalization, around $750 billion. As the article notes, IBM in 1983-1985 had more than double the market cap of any other company. Knowledge as property driven wealth concentration is not at all new, but I suspect it is increasing as knowledge becomes unambiguously the commanding heights and we shift from an industrial to a knowledge economy (transition captured in pithy phrases such as “data is the new oil” and “software is eating the world”) and knowledge is increasingly subject to various freedom infringing (intellectual property) regimes, and I suspect that more people are recognizing this.

In the more people department, I’ve noticed in the last day:

Now these two are largely making stereotypical contemporary political points for or against state activity respectively (the latter by proxy of claiming Democrats don’t really care about inequality) and not demanding a fundamental shift away from property as the regime governing knowledge (the former demands a ‘golden share’ of intellectual property derived profits for the state). But I’d be very happy to see both “sides” embrace such a shift. Demanding that government and government-funded knowledge not be treated as property is a good start.


My ironic edit of 5 reasons you should never buy an Apple Watch, pointing out that control and inequality appear to be marvelous.

6 reasons for GPL lovers, haters, exploiters, and others to enjoy and support GPL enforcement

Thursday, March 5th, 2015

Linux kernel developer Christoph Hellwig today filed a lawsuit against VMware (NYSE:VMW; US$36 billion market cap) due to their long time refusal to observe the terms of the GPL when incorporating code by Hellwig into their kernel, which remains proprietary. If VMware observed the GPL’s terms, their kernel including all source would be released under the GPL. This is a significant case, in part due to the rarity of GPL enforcement lawsuits. Details on the website of Software Freedom Conservancy, which is coordinating and funding (you can help) this action.

If the GPL is rarely enforced, its differentiation from non-copyleft licenses such as MIT, BSD, and Apache is muted. Why should you support license differentiation and thus GPL enforcement?

  1. You think copyleft is a wonderful hack, a productive and even necessary strategy for protecting and expanding the software commons. No enforcement makes the hack buggy: rarely executing and easily circumvented. So of course you want enforcement.
  2. You think copyleft curtails freedom, and ironically hampers the software commons — intractable incompatibility means software can’t be freely mixed, and the attempt to prevent capture by proprietary software interests only abets capture of the field by intellectual parasite lawyer interests. Your efforts to persuade developers and companies that they should avoid GPL software at all costs (up to reimplementation) in preference to permissive and public domain instruments can only be enhanced by prominent GPL enforcement by lawsuit.
  3. You think copyleft is great for software business, as one can acquire users by offering GPL software, then acquire customers by shaking down users who could conceivably not be observing the GPL to the letter. Public GPL enforcement makes your salespeople more compelling.

Among people who have any opinion about copyleft, I’m pretty sure there are very few who accept more than one of the above thoughts. I enjoy all three (the third looks like a sin tax to me). My point here is that people who completely disagree on the purpose and efficacy of copyleft ought all be excited and supportive of copyleft enforcement. But there are additional, less commonly discussed reasons:

  1. You think strong copyleft encourages more people to release free software, people who would not be comfortable with releasing under a non-copyleft license, whether because they fear piracyproprietarization more than obscurity (some overlap with 1 above), or because they want to make wealthy entities pay (lots of overlap with 3 above). Strong copyleft serves as the NonCommercial of the software world (without being fundamentally broken like NC, though the most radical believers in 2 above might disagree) in that it increases the range of licensing options to meet the preferences of both those who fear exploitation by business, and those who want to exploit business. Strong copyleft isn’t so strong without enforcement, so anyone who understands the value of this differentiation should want it to be strengthened by enforcement actions.
  2. You think copyleft-for-x is needed for some non-software field (or hear such thoughts expressed; e.g., for seeds or hardware designs, even real property), but the details of how copyleft works are a bit fuzzy. Enforcement by lawsuit is where the rubber meets the road, so you should enjoy the demystification provided by such actions and support them. Also, successful copyleft enforcement will stoke more people to have desires for copyleft-for-x, thus increasing your community of people intent on figuring out the “for-x” part.
  3. You think copyleft is most usefully considered as a prototype for and test of rules that ought be enforced by more effective regulatory mechanisms. Whether you think software provided without source and permissions should be totally banned, not regulated at all, or only regulated for particular uses or in particular fields (e.g., products and services already subject to other safety, disclosure, and pro-competition or consumer protection requirements), it is absurd to think that developer whim and resources in applying and enforcing the GPL regulates and regulates effectively an optimal set of software. It is time to move beyond debate of a hack of state-deputized private censorship as central to software freedom politics and policy, and on to debating directly state vs. market regulation of software (with all the usual arguments about (in)adequacy of market provision and harm/help of state intervention) as in any field of importance, preferably with very strong commons-favoring bias from both sides (e.g., software freedom market-skeptics and state-skeptics ought agree that regulation by private censorship, which serves proprietary interests almost exclusively, be wound down, and that state entities self-regulate by mandating software freedom for everything they acquire and fund). Unenforced copyleft means the rules prototyped are untested, reducing salience of the prototype, so you also should enjoy GPL enforcement actions.

I enjoy these latter 3 reasons especially, perhaps especially because few other people seem to (I’m eager to be or become wrong about this).

Go help Software Freedom Conservancy support Hellwig’s enforcement against VMware, or tell me why I’m wrong. Note I’m on Software Freedom Conservancy’s board and endorse all of their work, but as usual, this blog post represents only my opinion. Of the reasons to support enforcement above, they’d agree with 1; probably find 2 and 3 and maybe 4 objectionable; 5 and 6 perhaps curious but distant from work in today’s trenches. Again, my point is that many more people than those who agree with 1 (copyleft for good), even those who totally disagree with 1, should enjoy and support GPL enforcement.

The lawsuit will probably be heavily covered in the technology press, but you can read some early discussions now at LWN.net, Hacker News, and reddit. You can also read about copyleft in general at copyleft.org (another Software Freedom Conservancy project; my take).

Annual thematic doubt 2

Tuesday, February 17th, 2015

My second annual thematic doubt post, expressing doubts I have about themes I blogged about during 2014.

commons ⇄ freedom, equality ⇄ good future

Same as last year, my main topic has been “protecting and promoting intellectual freedom, in particular through the mechanisms of free/open/knowledge commons movements, and in reframing information and innovation policy with freedom and equality outcomes as top.”

Rather than repeating the three doubts I expressed last year under the heading “intellectual freedom” (my evaluation of these has not much changed), I will take the subject from a different angle: the “theory of change” I have been espousing. This theory is not new to me. Essentially it is what attracted me to following the free software movement circa 1990 — its potential of extensive, pro-freedom socio-economic reform from the bottom up. That and wanting to run a unix-like on my computer — a want satisfied without respect to freedom as soon as I could use a Sun workstation at work, and for many years now would have been satisfied by OS X. I never cared very much about being able to read, modify, and share all of the software on my computer — the socio-economic implications of those capabilities make them interesting, to me. The claimed ends of the theory are in the ‘for a good future’ slogan I’ve occasionally used at least since 1998. I occasionally included the theory in blog posts (2006) and presentations (2008). Much of my ‘critical cheering’ last year (doubt) and before has largely been about my perhaps unreasonable wish that ‘free/open’ organizations and movements would take the theory I do and act as I think follows. I could easily be wrong on the theory or best actions it implies. Accordingly, I ratcheted down critical cheering in 2014; hopefully most but not all of what remained was relatively fun or novel. Instead I focused more sharply on the theory, e.g., in Sleepwalking past Freedom’s Commons, or how peer production could increase democracy, equality, freedom, and innovation, all of them!

The theory could be attacked from a number of angles — I’d love to see that done and learn of new vulnerabilities. For example, commons might not significantly affect freedom and equality, these may not be the right values, and one might consider a ‘good future’ to be one with maximum hierarchy, spectacle, even war (I repeatedly argue that future tech and culture will be marvels in most plausible futures, and that is a reason to reject ones that do not have freedom and equality as top values, but also something that makes it hard to see how a future — or present — could be different or better with more knowledge economy/policy-driven freedom and equality). But this isn’t a cheap refutation post (see below) and I don’t have very practical doubts about those values and what they imply constitutes a good future.

But I do have practical doubts about the first leg of the theory. Summary of that leg before getting to doubts: Commons-based knowledge production simultaneously destroys rents dependent on freedom infringing regimes, diminishing the constituency for those regimes, grows the constituency and policy imagination for freedom respecting regimes, and not least, directly increases freedom and equality.

Doubts:

  • Effects could be too small to matter, or properly attributed to generational or other competition among firms, not commons-based production. Consider Wikipedia, a success of commons-based production if there is one. Such success may not be possible in other sectors, especially ones that command top policy attention (drugs and movies) — policy imagination has not been increased. The traditional encyclopedia industry was already mostly destroyed by Microsoft Encarta when Wikipedia came along. The encyclopedia industry was not a significant constituency for freedom infringing regimes, so its destruction matters not for future policy. Encyclopedias were readily accessible at libraries, vastly more useful info of the sort found in encyclopedias is accessible online now, excluding Wikipedia, and ‘freedoms’ to modify and distribute are just not relevant nearly all humans.
  • I claim that the best knowledge policy reform is that which favors commons and that the reforms traditionally proposed by copyright and patent reformers are relatively futile because such proposals if implemented would not significantly change the knowledge economy to produce freedom and equality nor grow the constituencies for such changes — rather they are just about who, how, and for how much the outputs of production under freedom infringing regimes may be used — so-called balance, not the tilt I demand. But perhaps the usual set of reform proposals is the best that can be hoped for, especially given decades of discourse and organization-building around those proposals, and almost none about commons-favoring reform. Further, perhaps the usual set of reform proposals is best without qualification — commons-based production is a culturally marginal (in software; wholly irrelevant in most other sectors) arrangement that ought be totally ignored by policy.
  • Various (sometimes semi-) free/open movements within various sectors (e.g., software, education, research publication) are having some policy successes, without (as far as I know) usually considering themselves to be as or more central to shaping knowledge policy as usual things fitting under ‘copyright reform’ and ‘patent reform’ but this could be just what needs to happen. The important thing is that commons-based knowledge production entities act to further their interests with minimal distance from current policy discourse, not that they have any distracting and possibly discrediting theory about doing so relative to overall knowledge policy.

Only the first of these gives me serious pause, though my discounting the last two might be a matter of (dis)taste — my feeling is that most of the people involved thoroughly identify with the trivia of copyright, patent, and similar law, even if they think those laws need serious reform, and act as if commons-based production is something to be protected from reform in the bad direction, but not at all central. Sadly if my feeling is accurate, the second and third doubts probably ought give me more pause than they do.

Despite these doubts, the potential huge win-win (freedom and equality, without conflict) of reorienting the knowledge economy and policy around commons-based production makes robust discourse (at the least) on this possibility urgent, even if tilt probability is low. One of the things that makes me favor this approach is that reform can be very incremental — indeed, it is by far the most feasible reform of any proposed — we just need a lot more of it. Push-roll towards tilt!

The most damning observation is perhaps that I’m only talking, and mostly on this very blog. I should change my ways, but again, this is not a cheap refutation post.

Software Freedom/Futurism/Science Fantasy

I recently wrote that “it’s much easier to take software freedom as a serious issue of top importance if one has a ‘futurist’ bent. This will also figure in a forthcoming post from me casting doubt on everything in this post and the rest from 2014.”

How important are computers to human arrangements, and how large is the range of plausible computer-involved arrangements, and how much can those realized be changed? Should anyone besides programmers and enthusiasts care about software specifically, any more or less than they care about the conditions under which any tool is created and distributed? (Contrast with other tools would be good here, but I’ll leave for another time.)

The vast majority of people seem to treat software as any other tool — they want it to work as well as possible, and to be as cheap as possible, the only difference being that their intuitions about quality and cost of software may be worse than their intuitions for the quality and cost of, for example, bridges. Arguably nearly everyone has been and perhaps still is correct.

But one doesn’t need to be much of a futurist to see software getting much more important — organizations good at using software ‘eating’ the lunches of those less good at using software, software embedded in everything or designing everything (and anything else being obsolete), regulating and mediating every sort of arrangement — with lots of plausible variation as to how this happens.

Now the doubt: does future-motivated interest in software freedom share more with interest in science fiction (i.e., moralistic fantasy) or with interest in future studies and the many parts of various social sciences that aim to improve systems going forward in addition to understanding current and past ones? If the latter, why is software freedom ignored by all of these fields? Possibly most people who do think software is becoming very important are not convinced that software freedom is an important dimension to consider. If so (I would love to see some kind of a review on the matter) it would be most reasonable to follow the academic consensus (even if it is one of omission; that consensus being of software freedom not interesting or important enough to investigate) and if one cares about the ethical dimensions of software, focus instead on the ones the consensus says are important.

Two additional posts last year in which I claim software freedom is of outsized and underappreciated importance (of course I don’t usually restrict myself to only software, but consider software a large and growing part of knowledge embodying cumulative innovation, and of the knowledge economy leading to more such accumulation) and some of many from years past (2006, 2006, 2007, 2007). The first from 2006 highlights the most obvious problem with the future. I had forgotten about that post when mentioning displacement of movies by some other form as the height of culture in 2013 — one has to squint to see such displacement even beginning yet. The second isn’t about the future but is closely related: alternative history.

Uncritical Cheering

I feared that many of my posts last year were uncritical cheering (see critical cheering above and last year). Looking back at posts where I’m promoting something, I have usually included or at least hinted at some amount of criticism (e.g., 1 2). I don’t feel too bad. But know that most of the things I promote on my blog are very likely to fail or otherwise be inconsequential — if they were sufficiently mainstream and established they’d be sufficiently covered elsewhere, and I likely wouldn’t bother blogging about them.

One followup: I cheered the publication of the first formally peer-reviewed and edited Wikipedia article in Open Medicine — a journal which has since ceased publishing.

Freeway 980

I continue to blog about removing freeway 980, which cuts through the oldest parts of Oakland. Doubt: I don’t know whether full removal would be better (at least when considering feasibility) than capping the portion of 980 which is below grade. I intended to read about freeway capping, come to some informed opinion, and blog about it. I have not, but supposedly Oakland mayor Libby Schaaf has mentioned removing 980. Hopefully that will spur much more qualified people to publish analyses of various options for my reading pleasure. ConnectOakland is a website dedicated to one removal/fill scenario.

Politics

I’m satisfied enough with the doubt in my two posts about Mozilla’s leadership debacle, but I’ll note apparent tension between fostering ideological diversity and shunning people who would deny some people basic freedoms. I don’t think this one was fairly clear cut, but there are doubtless far more difficult cases in the world.

Instead of doubt, I’d like to clarify my intention with two other posts: thought experiment/provocation, serious demand.

Refutation

I fell further behind, producing no new dedicated collections of refutations of my 8+ year old posts. My very next post will be one, but as with previous such posts, the refutations will be cheap — flippant rather than drilling down on doubts I may have gained over the years. Again these observations (late, cheap) are what led me last year to initiate a thematic doubt post covering the immediately previous year. How was this one?

What is the attribution revolution?

Tuesday, February 3rd, 2015

Elog.io suggested tweet:

I believe in giving and receiving credit for photographs online. Do you? Join the #attributionrevolution – http://elog.io/40m/

Down with the romance of authorship and the ideas that credit is due (as suggested at the link) and that information propertization and the legal system are appropriate mechanisms for encouraging credit (as suggested by licenses mentioned in the campaign which condition free speech on providing attribution).

But I support elog.io despite a bit of ugly rhetoric in its messaging because the technology is fundamentally about making provenance available on demand — undermining the rationale for consciously giving credit or making lack of explicit credit a cause for legal action.

The real attribution revolution has nothing to do with believing that credit is due anyone, and everything to do with attribution (in multiple senses, but including work-creator relationship identification) becoming inescapable, at least not without great and very careful effort. Elog.io is the tip of the top of the iceberg of image and other huge databases (in a sense literally: elog.io apparently is an open database, while others millions of times larger are opaque, submerged beneath corporate and government seawater) and techniques like deep learning and stylometry make universal attribution not only feasible but seemingly inevitable. I don’t know whether this is on net a good or bad thing — but it is the real attribution revolution.

14 months ago I railed against the attribution condition of some open and semi-open licenses (emphasis added):

Do not take part in the debasement of attribution, and more broadly, provenance, already useful to readers, communities of practice, and publishers, by making them seem mere objects of copyright license compliance. If attribution is useful, it will be provided. If not, robots will find out. Rarely does anyone comply with the exact legal requirements of the attribution term anyway, and as a licensor, you probably won’t provide the information needed by licensees to easily comply. Plus, the corresponding icon looks like a men’s bathroom sign.

The elog.io campaign page for example: it does not “include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform” nor does it provide “the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work” — in other words, it names the works it uses and the licenses it uses them under, but does not link to those works and licenses (quotes from CC-BY-3.0).

The other reason I support elog.io (yes visit that campaign page, give, and ignore the utter triviality of attribution license non-compliance) is that it is focused on provenance for open works (freely licensed or in the public domain — with caveat that I haven’t checked whether it includes semi-open works) and is itself an open source/open data project — provenance for the commons, and commons for the provenance.

Much more work in this area is needed, especially with a focus on high value open works (e.g. premium video) and creating high value open works — I mean by creating network effects around open works, not creating the works themselves. But even a still image focused project could help a bit — every frame of every open premium video could be included in the database, and any use metrics that can be extracted can be used to document and thus abet popularity.

Libre Graphics World has a long interview with elog.io founder Jonas Öberg that is well worth reading. Separately, there is big news not about but very pertinent to elog.io (which also perhaps explains why the elog.io campaign is only attempting to raise $6,000): Öberg is returning to work at the Free Software Foundation Europe (of which he is a co-founder and will be executive director; I had the pleasure of working with him a bit in between at Creative Commons, where he was European coordinator).

I don’t know the FSFE that well, but my impression is very positive, in particular its engagement in politics as public policy, not only the petite politics of individual developers choosing particular licenses and individual users rejecting proprietary software. Congratulations to Jonas on both the elog.io campaign and the FSFE position, and hoping for great success in both. Especially the latter could have an important role in making the real attribution revolution relatively beneficent.

Dear Libby Schaaf,

Sunday, January 4th, 2015

Downtown Oakland viewed from my neighborhood.

Congratulations on your election and Monday’s inauguration as Oakland mayor.

Following is largely an update of my letter to Jean Quan four years ago. Big differences: I voted for you, and both my and general expectations for your term are high.

Crime and policing are still where Oakland does worst relative to other cities, and where it can improve the most through action by city government. (It’s easy to make the case other problems are bigger, e.g., poverty, infrastructure, housing, finances, education, corruption…but many cities are worse off than Oakland on multiple of these, there’s less any city government can do on its own to turn these around, and few if any cities have staged big turnarounds in these areas…but many cities have on crime and policing.)

In order to avoid a strong challenge from the left during your term and in the next election, you must prioritize policing quality (both in terms of solving crimes and zero tolerance for cops who commit crimes and their supervisors) above quantity of cops. In order to avoid a strong challenge from the right, crime must go down. I suspect these two necessities are compatible, and suspect you might think so too (or I wouldn’t have voted for you). But now you have to act.

A sure signal of failure to me will be if you blame criminals, drugs, federal oversight, guns, or protesters — these elements are not under your control — and the best way to address them is — fix the OPD. Nearby and substantially poorer Richmond seems to be setting a fine example. If chief Sean Whent isn’t up to the job of fixing the OPD (I hope he is), how about hiring Richmond police chief Chris Magnus? On addressing protesters, Oakland could even take a lesson from Nashville, which as far as I know has vastly less experience with large protests.

I suspect that short-term city finances do not look as bad as they did four years ago due to the regional economy, but long-term (or even next recession) they are dire. I have very low expectation of any substantial improvement in long-term outlook, but good decisions on development and transportation would help. In general the Strong Towns approach favoring narrow streets and incremental, financially sustainable development over big roads and heavily subsidized big begs seems applicable to infill development, even though that site’s main target seems to be jurisdictions still doing green field development. Don’t bet on retail or sports teams. Do eliminate gratis parking, remove 980, and otherwise prepare Oakland to exploit rather than be exploited by the great urban reconfiguration of the 21st century — self-driving vehicles (LA’s mayor is at least talking about this).

On the city council you’ve been the internal champion for transparency and open government. Please continue on that path, rather than pivoting away from real open government, as some do when they move to the executive. Even better would be to make Oakland city government a leader in open source software procurement. Cities are terribly ill-coordinated on software procurement and development, which presently makes them subject to vendor lock-in and high costs, but as more infrastructure is mediated by software, will make their citizens less free.

Finally, do everything in your power and more to welcome, protect, and empower non-U.S. citizen residents, visitors, and workers in Oakland, and to frustrate the institutions of international apartheid and inflame their apologists, from the purely practical such as running the city well (as Jane Jacobs pointed out long ago, working cities are where strangers add to rather than threaten each other’s lives) to the largely expressive such as encouraging non-citizens to vote.

Here’s to great outcomes for Oakland, and your incredible success as mayor!

Mike Linksvayer
Golden Gate District, Oakland

Happy GNU Year & Public Domains Day

Thursday, January 1st, 2015

This Public Domain Day I recommend watching a 2005 lecture or corresponding 2006 journal article Enriching Discourse on Public Domains (summary) by Pamela Samuleson.

The video was only published by Duke Law (which also hosts the main U.S.-centric public domain day page) to their YouTube channel a month ago. Based on the first version (2013-01-02) of my attempted summary, I read the paper the day after my public domain day post 2 years ago, Public Domains Day, which riffed on dictionary definitions.

Samuelson outlines 13 meanings found in law review articles (see the summary for a quick listing) and points out some benefits and one cost of accepting multiple definitions:

+ avoid disputes about “the” correct or one true definition
+ broadened awareness of public domains and public domain values
+ facilitation of context-sensitive discussion
+ enable nuanced answers to questions about various public domains (eg shrinking or not?)
+ possibility of gaining insight into public domain values through consideration of different public domains (deemed most important by author)
– possible confusion concerning what a communicator means by “public domain”

In the lecture Samuelson says it took a long time for her to accept multiple definitions, in part after realizing that other fields such as property law successfully use multiple context-dependent definitions. I’d like to add a plus to the list:

+ language is fun, play with it!

Hectoring people for not using the deemed-by-you to be the one true definitions of the correct words is the opposite of fun. I do tend to use nonstandard words and phrases such as “copyrestriction”, “inequality promotion”, “intellectual freedom infringement”, “intellectual parasite”, and “intellectual protectionism” in order to make a point and have fun, but have descended to hectoring at times (and probably have been perceived as having done so more). I will from now make more of an effort to use terms other people use, or when not, give a fun and non-hectoring rationale. In the meantime, I will say that though I agree with many individual points made concerning word avoidance, I find such neither fun nor welcoming nor helpful in convincing anyone that freedom and equality need to be the dominant objectives of information policy.

At the beginning of the lecture Samuelson is given an introduction lauding her work, initially lonely but presented in 2005 as central, toward making intellectual property scholarship discourse consider the value of the various public domains and costs of expanding (scope, duration, protections) intellectual property rights. I have long been a fan of Samuelson’s work, but the introduction served to remind me of how unsatisfied I am with what still constitutes the liberalizing reform (which itself is possibly central, but I am too ignorant of the breadth of IP scholarship, which surely includes much so-called “maximalism”, to say) line:

  • acknowledgement that we can say little about the net benefits of IP
  • but it is surely “unbalanced” toward protection now
  • so it needs balancing and tuning
  • but of course IP is crucial so genuflect to drugs and movies
  • (largely through omission) commons are a band-aid and not central to reform
  • (largely through omission) freedom and equality not the central objectives

Of course not, as then we would have commons scholarship, not IP scholarship. I contend that pro-commons policy and products are the most feasible, sustainable, and overall best reforms and that freedom and equality should be the dominant objectives — I want the innovations and entertainment produced by a freedom respecting regime — surely meaning substantially less monopoly, hopefully a bit less embarrassing spectacle.

Image from last year, with ‘s’ added to ‘domain’; I’ve written enough recently about ‘GNU’ (signifying software freedom, not the GNU project strictly speaking).

Happy GNU Year & Public Domain Days