Post Peeves

Generative acknowledgement

Thursday, July 31st, 2014

Robin Sloan, The secret of Minecraft: And its challenge to the rest of us

In the 2010s and beyond, it is not the case that every cultural product ought to be a generative, networked system.

It is, I believe, the case that all the really important ones will be.

Nathan Matias, Designing Acknowledgement on the Web:

A system which acknowledges the beauty of cooperative relationships can’t be based on the impersonal idea of hypertext or the egocentric notion of authorship. It can’t rely on licenses to threaten people into acknowledging each other.

Via 1 2 3 and confirmation bias about which I can’t think of anything smart to say, so I’ll include a fun word: contextomy. Neither of the above reaches that bar, but I’ll try harder next time.

Posts on the ought of generative, networked production and intellectual parasite debasement of acknowledgement.

Let US join EU

Friday, July 4th, 2014

Enough past symbolism. U.S. Independence Day is also a good day to reflect on the paramount governance challenges of the present and near future. The U.S. War of Independence helped usher out the era of kings. Now is time to hasten the demise of the nation-state, born of the previous era.

One non-revolutionary (violent revolution, of whatever intention, is bad as it enables trolls) path forward is the creation and expansion of legitimately democratic super-states which submerge joining nation-states: the legitimate constituents are individual citizens, not the states themselves (contrast with the United Nations). The European Union is the only such super-state, and perhaps should be the only one, eventually submerging all current nation-states.

Independence' Day

Thursday, July 3rd, 2014

Whenever there’s a new disturbance in the former USSR territory that has people bringing down statues of Stalin, I’m mildly surprised that there are (or possibly were; I expect to be mildly surprised anew for a long time) still statues honoring Stalin in public. But my mild surprise at the continued honor of the quintessential 20th century Eurasian state tyrant always quickly gives way to mild lack of surprise that practitioners of the quintessential pre-20th century American private tyranny are not only still honored, but revered, their statues never toppled, and at worst their tyranny seen as blemishes on their records.

After 238 years, isn’t it about time to renew US Independence Day? I suggest terminating all honoring of slave owners, including the so-called discoverer of the Americas, all pre-Civil War presidents except John and John Quincy Adams, the first two post-Civil War presidents, the most famous non-president “founding father”, and a real estate entrepreneur whose name graces a commonwealth. Currency, the names of said commonwealth and one state, many counties and municipalities, thousands of streets, buildings and other public places, statues, and two faces on Mount Rushmore, all should change.

This change would be a bit annoying and expressive, but in that sense is traditional: US Independence Day firecrackers, parades, and speeches mark the height of mid-calendar year annoying expression.

(I’ve intended to post this on US Presidents’ Day since before I had a blog, and started several times, but each time lost focus through condemnation of almost every U.S. President for their public crimes. It occurred to me last year that July 4 would work, so long as I could suppress condemnation of the US War of Independence and all violent revolutions. Too big a topic for this parenthetical.)

“Open policy” is the most promising copyright reform

Thursday, June 26th, 2014

Only a few days (June 30 deadline) for applications to the first Institute for Open Leadership. I don’t know anything about it other than what’s at the link, but from what I gather it involves a week-long workshop in the San Francisco area on open policy and ongoing participation in an online community of people promoting open policies in their professional capacities, and is managed by an expert in the field, Timothy Vollmer. Read an interview with Vollmer (wayback link to spare you the annoying list-gathering clickthrough at the original site, not least because its newsletter is an offender).

The institute and its parent Open Policy Network define:

Open Policy = publicly funded resources are openly licensed resources.

(Openly licensed includes public domain.)

Now, why open policy is the most promising knowledge regulation reform (I wrote “copyright” in the title, but the concept is applicable to mitigating other IP regimes, e.g., patent, and pro-commons regulation not based on mitigating IP):

  • Most proposed reforms (formalities can serve as an example for each mention following) merely reduce inefficiencies and embarrassments of freedom infringing regimes in ways that don’t favor commons-based production, as is necessary for sustainable good policy. Even if not usually conceptualized as commons-favoring, open policy is strongly biased in that direction as its mechanism is mandate of the terms used for commons-based production: open licenses. Most proposed reforms could be reshaped to be commons-favoring and thinking of how to do so a useful exercise (watch this space) but making such reshaping gain traction, as a matter of discourse let alone implementation, is a very long-term project.
  • The concept of open policy is scalable. There’s no reason as it gains credence to push for its expansion to everything receiving public or publicly interested support, including high and very low culture subsidy. At the extreme, the only way to avoid being subject to some open policy mandate would be to create restricted works in an IPer colony, isolated from the rest of humanity.
  • In order to make open policy gain much more credence than it has now, its advocates will be forced to make increasingly sophisticated public policy arguments to support claims that open policy “maximizes public investment” or to shift the object of maximization to freedom and equality. Most proposed reforms, because they would only reduce inefficiency and embarrassment, do not force much sophistication, leaving knowledge regulation discourse rotting in a trough where economists abandoned it over a century ago.
  • Open policy implementation has the potential to destroy the rents of freedom infringing industries. For sustainable good policy it is necessary to both build up the commons as an interest group and diminish interest groups that depend or think they depend on infringing freedom. It is possible for open policy to be gamed (e.g., hybrid journal double dipping). As troubling as that is, it seems to me that open policy flips which side is left desperately clawing for loopholes contrary to the rationale of policy. Most reform proposals at least implicitly take it as a given that public interest is the desperate side.
  • Open policy does not require any fundamental changes to national law or international treaties, meaning it is feasible, now. Hopefully a few reformists have generally grasped the no-brainer concept that a benefit obtained today is more valuable than one obtained in the future, e.g., in 95 years. It also doesn’t mean that open policy is merely a “patch” in contrast the “fixes” of most proposed reforms — which aren’t fixes anyway, but rather mitigations of the worst inefficiencies and embarrassments of freedom infringing regimes. If open policy is a patch, it is a one that helps the body of knowledge regulation to heal, by the mechanisms above (promoting commons production and discourse, diminishing freedom infringing interests).

In my tradition of critical cheering, consider the following Open Policy Network statement:

We have observed that current open policy efforts are decentralized, uncoordinated and insular; there is poor and/or sporadic information sharing.

As illustrated by the lack of the Open Source Definition or any software-centric organizations on Open Policy Network lists of its guiding principles and member organizations. Fortunately software is mentioned several times, for example:

If we are going to unleash the power of hundreds of billions of dollars of publicly funded education, research, data, and software, we need broad adoption of open policies.

Hopefully if the Open Policy Network is to become an important venue for moving open policy forward, people who understand software will get involved (by the way, one of the ways “publicly funded” is scalable is that it properly includes procurement, not only wholly funded new resources), e.g., FSFE and April. I know talking about software is scary — because it is powerful and unavoidable. But this makes it a necessity to include in any serious project to reform the knowledge economy and policy. Before long, everything that is not software or suffused with software will be obsolete.

Robot Gang Memorial Day

Monday, May 26th, 2014

I find gang violence memorials tacky and sad (not all in this style are gang-related, but apparently the pictured one is), but a comprehensible form of mourning and remembrance.

Though with much higher status participants, and somewhat higher production values, today’s Memorial Day (US) commemorations are similarly tacky and sad. But these big scale gang memorials are far inferior to small scale gang memorials. The latter at least often include exhortations to “stop violence”, gang violence of their sort is universally viewed as illegal, and the participants are understood as rather pathetic victims and victimizers who really ought to have done something better with their lives, products of culture, economy, governance (take your pick) that is broken and clearly ought be fixed — all true also of big scale gang violence.

I suggest that we stop memorializing large scale gang members as heroes before they are fully replaced by robots.

One step forward might be to end U.S. (and elsewhere) exploitation of uneducated teenage soldiers. But perhaps something else would be more feasible or effective. If conflict reduction bonds existed and you held a large stake in them, what would you do?

Hyperlocal Optimum

Sunday, April 27th, 2014

I recently wanted to accuse some people of pursuing a hyperlocal optimum. In this case, a heightened perception of the strength of their position, sensed only by themselves. I thought better of it as there were more charitable interpretations of their actions, and a similar pejorative exists for this use case: reality distortion field.

But, I thought, what a great term! Google search/scholar/books shows it being used exactly once so far, 41 days ago by user pholling in a forum about Manchester, England (emphasis added):

To fix all of this is not a trivial bit of work, it will require that city regions and broader regions work together to aim for the overall optimum and not their hyperlocal optimum. London does this to a large extent, but no other place in the England does.

I have no assessment of the quote as I know next to nothing about urban policy in England, but urban policy is surely a field in which the term hyperlocal optimum could be heavily applied. I’m not going to claim any particular urban policy constitutes pursuit of hyperlocal optima (note locality geographic and temporal), and I’ll admit there exist charitable interpretations of many such unnamed policies. But consider that:

  • In the next few decades, over 2 billion more people will live in cities. Simple calculation based on projected ~2050 population (now: 7 billion, 2050: 9 billion) and urbanization (now: .5, 2050: .7) gives 2.8 billion more (now: 3.5 billion, 2050: 6.3 billion).
  • Robots (most obviously in transportation and construction) will reshape cities as profoundly this century as autos did in the last, beginning now.
  • There will be calamities. Hopefully fewer than in the last century, but planning ahead for cities’ role in preventing and surviving such is better than hoping.

Hyperlocal action is fine, but please think globally and long-term always, and modify actions accordingly to break out of pursuit of mere hyperlocal optima.

I’ve not explicitly defined what makes a local optimum a hyperlocal optimum. Perhaps the difficulty of doing so explains why they term has until now only been used once before in the subset of the universe Google has indexed. My first use above implies that “hyper” indicates the local optimum is perceived, but perhaps not really even the local optimum. My second use above implies “hyper” denotes something about either relative scale (the global optimum is much, much better) or qualitative difference (the global optimum considers totally different parameters from the ones considered for the hyperlocal optimum). Probably the term hyperlocal optimum has no good use. I may still use it again when I fail to avoid stooping to the pejorative.

Many problems of the dominant topic of this blog can be seen as ones of escaping local optima. Joining with the cities topic, individual cities and other entities’ ongoing lock-in to proprietary software is an example of a local optimum that might be escaped through coordination with other cities. I’m not sure when (assuming against the above, that the term has some value) to apply the hyper prefix to such situations (another such is library lock-in to proprietary journal subscription and groveling for proprietary book purchases). Suggestions?

I might avoid commenting on this years’ mayoral election for my locality, Oakland. If any of the candidates seriously talk about any of the above macro challenges and opportunities, I will be pleasantly surprised. I think that my handwaving predictions after the last (2011) election held up pretty well, mostly unfortunately.

Without Intellectual Property Day [edit]

Saturday, April 26th, 2014
Without Intellectual Property Day by Parker Higgins of the EFF is quite good, and released under CC-BY. Clearly deserving of adaptation. Mine below, followed by a diff.

April 26 is the day marked each year since 2000 by the World Intellectual Property Organization (WIPO) as “World Intellectual Property Day”, in which WIPO tries to associate its worldwide pushes for more enclosure with creativity.

Celebrating creativity is a good thing, but when you’re a hammer, everything looks like a nail. For the World Intellectual Property Organization, it may seem like creativity and “intellectual property” are inextricably linked. That’s not the case. In the spirit of adding to the conversation, let’s honor all the creativity and industry that is happening without a dependence on a system intellectual property.

There’s an important reason to encourage and promote creativity outside the bounds of increasingly restrictive laws: to the extent such creativity succeeds, it helps us re-imagine the range of desirable policy and reduces the resources available to enclosure industries to lobby for protectionism — in sum shifting what is politically possible. It’s incumbent on all of us who want to encourage creativity to continue to explore and utilize structures that reward creators without also restricting speech.

Comedy, Fashion, Cooking, Magic, and More

In the areas in which intellectual freedom is not typically infringed, there is tremendous innovation and consistent creativity outside of the intellectual property system. Chefs create new dishes, designers imagine new styles, comedians write new jokes, all without a legal enforcement mechanism to restrict others from learning and building on them.

There may be informal systems that discourage copying—the comedy community, to take one example, will call out people who are deemed to be ripping off material—but for the most part these work without expensive litigation, threats of ruinous fines, and the creation of systems of surveillance and censorship.

Contributing to a Creative Commons

The free software movement pioneered the practice of creating digital media that can legally and freely be shared and expanded, building a commons. The digital commons idea is being pushed in more areas than ever before, including culture, education, government, hardware design, and research. There are some projects we’re all familiar with — Wikipedia is perhaps the most prominent, creating an expansive and continuously updated encyclopedia that is freely accessible under permissive terms to the entire world.

Focusing on this year’s World IP Day theme of movies, there have been some impressive contributions the commons over the years. Nina Paley’s feature animation Sita Sings The Blues, which she released into the public domain, has spread widely, inspired more work, and earned her money. The short films from the Blender Foundation have demonstrated cutting-edge computer graphics made with free software and, though they’ve sometimes been on the receiving end of bogus copyright takedowns, have been watched many millions of times.

Kickstarting and Threshold Pledges

Finally, crowdfunding platforms like Kickstarter and Indie-Go-Go have made a major splash in the last few years as another fundraising model that can complement, or even replace, copyright exclusivity. These platforms build on theoretical framework laid out by scholars like John Kelsey and Bruce Schneier in the influential “Street Performer Protocol” paper, which set out to devise an alternative funding system for public domain works. But most crowdfunded works are not in the commons, indicating an need for better coordination of street patrons.

Looking at movies in particular: Kickstarter alone has enabled hundreds of millions of dollars of pledges, hundreds of theatrical releases, and seven Oscar-nominated films (including Inocente, winner of the Best Documentary Short category). Blender Foundation is currently crowdfunding its first feature length film, Gooseberry.

***

The conceit of copyright and other “intellectual property” systems is that they can be calibrated to promote the progress of science and the useful arts. But the reality of these systems is corruption and rent seeking, not calibration. The cost is not just less creativity and innovation, but less freedom and equality.

It’s clear from real world examples that other systems can achieve the goal of promoting creativity, progress, and innovation. We must continue to push for both practice and policy that favors these systems, ultimately rendering “intellectual property” a baffling anachronism. In a good future, a policy-oriented celebration of creativity and innovaion would be called World Intellectual Freedom Day.

wdiff -n eff-wipd.html eff-wipd-edit.html |colordiff |aha -w > eff-wipd-diff.html
[-<p>Today, April 26,-]{+<p>April 26+} is the day marked each year since 2000 [-as "Intellectual Property Day"-] by the <a href="https://www.eff.org/issues/wipo">World Intellectual Property Organization [-(WIPO)</a>. There are many areas where EFF has not historically agreed with WIPO,-] {+(WIPO)</a> as "World Intellectual Property Day", in+} which [-has traditionally pushed-] {+WIPO tries to associate its <a href="https://www.eff.org/deeplinks/2013/03/ustr-secret-copyright-agreements-worldwide">worldwide pushes+} for more [-restrictive agreements and served as a venue for <a href="https://www.eff.org/deeplinks/2013/03/ustr-secret-copyright-agreements-worldwide">domestic policy laundering</a>, but we agree that celebrating-] {+enclosure</a> with creativity.</p>+}
{+<p>Celebrating+} creativity is a good [-thing.</p>-]
[-<p>As the saying goes, though:-] {+thing, but+} when you're a hammer, everything looks like a nail. For the World Intellectual Property Organization, it may seem like creativity and <a href="https://www.eff.org/issues/intellectual-property/the-term">"intellectual property"</a> are inextricably linked. That's not the case. In the spirit of adding to the conversation, [-we'd like to-] {+let's+} honor all the creativity and industry that is happening <i>without</i> a dependence on a system intellectual property.</p>
<p>There's an important reason to encourage {+and promote+} creativity outside the bounds of increasingly restrictive [-laws, too. As Ninth Circuit Chief Justice Alex Kozinski eloquently explained in <a href="http://notabug.com/kozinski/whitedissent">a powerful dissent</a> some 20 years ago, pushing only for more IP restrictions tips a delicate balance against creativity:</p>-]
[-<blockquote><p>Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain. Nothing today, likely nothing since we tamed fire, is genuinely new: Culture, like science and technology, grows by accretion, each new creator building on-] {+laws: to+} the [-works-] {+extent such creativity succeeds, it helps us re-imagine the range+} of [-those who came before. Overprotection stifles the very creative forces it's supposed-] {+desirable policy <i>and</i> reduces the resources available+} to [-nurture.</p></blockquote>-]
[-<p>It's-] {+enclosure industries to lobby for protectionism -- in sum shifting what is politically possible. It's+} incumbent on all of us who want to encourage creativity to continue to explore {+and utilize+} structures that reward creators without also restricting speech.</p>
<h3>Comedy, Fashion, Cooking, Magic, and More</h3>
<p>In the areas [-known as copyright's "negative spaces,"-] {+in which intellectual freedom is not typically infringed,+} there is tremendous innovation and consistent creativity outside of the intellectual property system. Chefs create new dishes, designers imagine new styles, comedians write new jokes, all without a legal enforcement mechanism to restrict others from learning and building on them.</p>
<p>There may be informal systems that discourage copying—the comedy community, to take one example, <a href="http://www.slate.com/articles/arts/culturebox/features/2014/the_humor_code/joke_theft_can_a_comedian_sue_if_someone_steals_his_material.html">will call out people</a> who are deemed to be ripping off material—but for the most part these work without expensive litigation, threats of ruinous fines, and the creation of systems [-that can be abused to silence lawful non-infringing speech.</p>-] {+of surveillance and censorship.</p>+}
<h3>Contributing to a Creative Commons</h3>
<p>The free software movement [-may have popularized-] {+pioneered+} the [-idea-] {+practice+} of creating digital media that can legally and freely be shared and expanded, [-but the free culture movement has pushed the-] {+building a commons. The digital commons+} idea [-further-] {+is being pushed in more areas+} than ever [-before.-] {+before, including culture, education, government, hardware design, and research.+} There are some projects we're all familiar [-with—Wikipedia-] {+with -- Wikipedia+} is perhaps the most prominent, creating an expansive and continuously updated encyclopedia that is freely accessible under permissive terms to the entire world.</p>
<p>Focusing on this year's World IP Day theme of movies, there have been some impressive contributions the commons over the years. Nina Paley's feature animation <i><a href="http://www.sitasingstheblues.com/">Sita Sings The Blues</a></i>, which she released into the public domain, has spread widely, inspired more work, and earned her money. The <a href="http://www.techdirt.com/articles/20101002/20174711259/open-source-animated-movie-shows-what-can-be-done-today.shtml">short films from the Blender Foundation</a> have demonstrated cutting-edge computer graphics made with free software and, though they've sometimes been on <a href="http://www.techdirt.com/articles/20140406/07212626819/sony-youtube-take-down-sintel-blenders-open-source-creative-commons-crowdfunded-masterpiece.shtml">the receiving end of bogus copyright takedowns</a>, have been watched many millions of times.</p>
<h3>Kickstarting and Threshold Pledges</h3>
<p>Finally, crowdfunding platforms like Kickstarter and Indie-Go-Go have made a major splash in the last few years as another fundraising model that can complement, or even replace, [-traditional-] copyright exclusivity. These platforms build on theoretical framework laid out by scholars like John Kelsey and [-EFF board member-] Bruce Schneier in <a href="https://www.schneier.com/paper-street-performer.html">the influential "Street Performer Protocol" paper</a>, which set out to devise an alternative funding system for public [-works.</p>-] {+domain works. But most crowdfunded works are not in the commons, indicating an need for better <a href=http://gondwanaland.com/mlog/2013/08/10/street-patrons-missing-coordination-protocol/">coordination of street patrons</a>.</p>+}
<p>Looking at movies in particular: Kickstarter alone has <a href="https://www.kickstarter.com/blog/a-big-day-for-film">enabled hundreds of millions of dollars of pledges</a>, hundreds of theatrical releases, and seven Oscar-nominated films (including <i>Inocente</i>, winner of the Best Documentary Short category). [-Along with other-] {+Blender Foundation is currently+} crowdfunding [-sites, it has allowed the development of niche projects that might never have been possible under the traditional copyright system.&nbsp;</p>-] {+its first feature length film, <em><a href="http://gooseberry.blender.org/">Gooseberry</a></em>.</p>+}
<h3>***</h3>
[-<p>As the Constitution tells us,-]
{+<p>The conceit of+} copyright and other "intellectual property" systems [-can, when-] {+is that they can be+} calibrated [-correctly,-] {+to+} promote the progress of science and the useful arts. [-We continue to work pushing for a balanced law that would better achieve that end.</p>-]
[-<p>But it's also-] {+But the reality of these systems is corruption and rent seeking, not calibration. The cost is not just less creativity and innovation, but less freedom and <a href="http://gondwanaland.com/mlog/2014/01/30/tech-wealth-ip/">equality</a>.</p>+}
{+<p>It's+} clear from [-these-] real world examples that other systems can achieve [-that-] {+the+} goal [-as well. Promoting-] {+of promoting+} creativity, progress, and [-innovation is an incredibly valuable mission—it's good to know that it doesn't have-] {+innovation. We must continue+} to [-come through systems-] {+push for both practice and <a href="http://gondwanaland.com/mlog/2014/02/09/freedoms-commons/#regulators">policy+} that [-can-] {+favors these systems</a>, ultimately rendering "intellectual property" a baffling anachronism. In a good future, a policy-oriented celebration of creativity and innovaion would+} be [-abused to stifle valuable speech.</p>-] {+called World Intellectual Freedom Day.</p>+}

Patent reform, parts deficient in commons

Friday, April 18th, 2014

A Five Part Plan for Patent Reform (pdf) by Charles Duan, Director of Patent Reform at Public Knowledge, is simultaneously good and deficient:

  1. Notes theoretical and observed problems with monopoly incentive story underlying patents, mixed empirical results, regulatory cause of strong positive results in one field (pharma), layers of abuse surrounding core in implementation, the existence of many non-monopoly incentives for innovation, conflicts between these and patents … and yet fundamentally accepts the noble origin role of monopoly incentives in protecting apple pie and correlation with some inventions — nevermind causality or counterfactual. Compare text “certainly many inventions through history, such as the light bulb, the airplane, and the photocopier, were invented by small inventors and protected by patents” and its citation (footnote 7, The Myth of the Sole Inventor)!
  2. Discusses commons (Open Innovation Communities) as evidence, and substantially better than typical writing doing so, as at least a concept of pro-commons reform is included: “One task for patent reform, then, is to consider adjustments to the patent system that better accommodate these alternate incentives for innovation. The goal of such adjustments is to better encourage these inventors incentivized by factors other than patents, and to ensure that patents do not stand in the way of those inventors.” As usual, commons regimes carved out of property defaults are mentioned (specifically GPL and DPL), but not as prototypes for default policy. Also, “it is important for these decisionmakers to reach out to inventing communities, even those that do not file for patents, and it is important for those communities to reach out to the Patent Office and other decisionmakers.” I think this also holds for “IP scholars” (which of course ought re-imagine themselves as commons scholars) and OIC participants/commoners — let’s talk about what concrete reforms would favor actually existing commons, and put those on the scholarly and policy agendas. A recent idea directly concerning patents that ought start down that long road, but many pertinent reforms may be indirect, favoring commons in other ways so as to change the knowledge economy which eventually determines what interests dominate.
  3. Innovation is assumed the top goal of policy, tempered only by conflict among incentives to innovate, and need to rein in unscrupulous behavior. No mention of freedom and almost none of equality (Joseph Stiglitz is quoted: “The alternative of awarding prizes would be more efficient and more equitable”), let alone as goals which trump innovation.

These three good/deficient pairs are endemic in intellectual property-focused discourse, e.g., see my recent reviews of IP in a World Without Scarcity and Copyright and Inequality — one of the reasons the latter is so great is that places equality firmly on the agenda.

A few other notes on A Five Part Plan for Patent Reform:

  • It’s not a plan, rather an exploration of “five key areas in which the patent system is ripe for reform.” The word plan doesn’t even appear in the text. Well worth reading, but don’t expect to find an actionable plan with five parts.
  • Notes that patent trolls existed in the 1800s (individual farmers were bullied to pay royalties for farm implements covered by patents), which is good (too often current discourse assumes intellectual property worked just fine until recently, with conflict caused by changing technology rather than by power and rent seeking), but then: “Analogously, as discussed above, farm technology was widely used in the nineteenth century, and patents on farm technology were hotly contested. Patents on those farm tools were effectively abolished. But that fix to the patent system did not prevent the software patent problems faced today—it ultimately was a Band-Aid rather than a cure. The same would be true of eliminating software patents. The fundamental issue is that the technologies of tomorrow are unknown, so targeting patent reform to one specific field of technology means that the same problems will only arise again in a different technological sector.” Sure, only abolishing all patents is sufficient, but this analogy seriously undersells the benefit of abolishing software patents: agriculture then was in relative decline of importance in the face of industrialization. Now, software is ascendant, and any technology of tomorrow that matters will involve software.
  • Focuses on FRAND (fair, reasonable and non-discriminatory) licensing for standards. But RF (royalty free) licensing is required for any standard in which commons-based projects are first class participants (e.g., free/open source software and codec patents). No doubt unscrupulous behavior around FRAND and standards is a problem, but the solution is RF for standards.
  • From the Public Knowledge site, reading the paper requires first supplying an email address to a third party (gumroad). Annoying, but on par with PK’s newsletter practices (one of the many favoring tracking users at cost of usefulness to users). Better, the paper is released under CC-BY-SA, so I uploaded a copy to the Internet Archive. Best, Duan has published the paper’s LaTeX source.

A plan for a plan to accelerate clarity on “NonCommercial” by 100%

Tuesday, April 1st, 2014

After 11+ years, 4 major license suite versions, focused research, and movement education campaigns, Creative Commons achieved a quantum increase in the clarity of the definition of NonCommercial as used in some of (CC-BY-ND does not) its semicommons licenses:

not primarily intended for or directed towards commercial advantage or private monetary compensation.

In the next 11+ years, Creative Commons can improve this performance by precisely 100% — remove two more words from the definition. Nobody knows which words yet: discovery will take years of versioning, research, outreach, collaboration with NonCommercial definition reusers, and perhaps a party. The result, even if not intended to change the substantive meaning of the definition, will bring an unprecedented level of clarity to NonCommercial. We can only look forward to but not yet imagine the next one.

Counter-donate in support of marriage equality and other Mozilla-related notes

Saturday, March 29th, 2014

I’m a huge fan of Mozilla and think their work translates directly into more human rights and equality. So like many other people, I find it pretty disturbing that their new CEO, Brendan Eich, donated US$1000 in support of banning same sex marriage. True, this is scrutiny beyond which most organizations’ leaders would receive, and Mozilla in deed seems to have excellent support for LGBT employees, endorsed by Eich, and works to make all welcome in the Mozilla community. But I think Evan Prodromou put it well:

If you lead an organization dedicated to human rights, you need to be a defender of human rights.

Maybe Eich will change his mind. Perhaps he believes an ancient text attributed to an ultra powerful being commands him to oppose same sex marriage. Believers have come around to support all kinds of liberal values and practices in spite of such texts. Perhaps he considers marriage an illegitimate institution and would prefer equality arrive through resetting marriage to civil unions for all, or something more radical. I can comprehend this position, but it isn’t happening this generation, and is no excuse for delaying what equality can be gained now.

Freedom to Marry logoIn the meantime one thing that Mozilla supporters might do to counter Eich’s support for banning same sex marriage, short of demanding he step down (my suspicion is that apart from this he’s the best person for the job; given what the mobile industry is, someone from there would likely be a threat to the Mozilla mission) is to “match” it in kind, with counter-donations to organizations supporting equal rights for LGBT people.

Freedom to Marry seems to be the most directly counter to Eich’s donation, so that’s what I donated to. The Human Rights Campaign is probably the largest organization. There are many more in the U.S. and around the world. Perhaps Eich could counter his own donation with one to an organization working on more basic rights where homosexuality is criminalized (of course once that is taken care of, they’ll demand the right to marry too).

Other Mozilla-related notes that I may otherwise never get around to blogging:

  • Ads in new tabs (“directory tiles”) have the potential to be very good. More resources for Mozilla would be good, “diversification” or not. Mozilla’s pro-user stance ought make their design and sales push advertisers in the direction of signaling trustworthiness, and away from the premature optimization of door-to-door sales. They should hire Don Marti, or at least read his blog. But the announcement of ads in new tabs was needlessly unclear.
  • Persona/BrowserID is brilliant, and with wide adoption would make the web a better place and further the open web. I’m disappointed Mozilla never built it into Firefox, and has stopped paying for development, handing it over to the community. But I still hold out some hope. Mozilla will continue to provide infrastructure indefinitely. Thunderbird seems to have done OK as a community development/Mozilla infrastructure project. And the problem still needs to be solved!
  • Contrary to just about everyone’s opinions it seems, I don’t think Mozilla’s revenue being overwhelmingly from Google is a threat, a paradox, or ironic. The default search setting would be valuable without Google. Just not nearly as valuable, because Google is much better at search and search ads than its nearest competitors. Mozilla has demonstrated with FirefoxOS that they’re willing to compete directly with Google in a hugely valuable market (mobile operating systems, against Android). I have zero inside knowledge, but I’d bet that Mozilla would jump at the chance to compete with Google on search or ads, if they came upon an approach which could reasonably be expected to be superior to Google’s offerings in some significant ways (to repeat, unlike Google’s nearest search and ads competitors today). Of course Mozilla is working on an ads product (first item), leveraging Firefox real estate rather than starting two more enormous projects (search and search ads; FirefoxOS must be enough for now).
  • The world needs a safe systems programming language. There have been and are many efforts, but Mozilla-developed Rust seems to have by far the most promise. Go Rust!
  • Li Gong of Mozilla Taiwan and Mozilla China was announced as Mozilla’s new COO at the same time Eich was made CEO. I don’t think this has been widely noted. My friend Jon Phillips has been telling me for years that Li Gong is the up and coming power. I guess that’s right.

I’m going to continue to use Firefox as my main browser, I’ll probably get a FirefoxOS phone soon, and I hope Mozilla makes billions with ads in new tabs. As I wrote this post Mozilla announced it supports marriage equality as an organization (even if the CEO doesn’t). Still, make your counter-donation.