Post Politics

Global Columbus/Columbia/Colombia/Colón rename

Monday, October 13th, 2014

Today is not World IP Day (nor that one), which is August 9. Some celebrate today as IP Day counter to Columbus Day, but that puts too much emphasis on Columbus as a singular actor/great man/abominable person with respect to all pre-1492 western hemisphere populations. Had Columbus never been born, or his first voyage swallowed by the Atlantic before reaching land, it is hard to imagine the result for said populations over the next centuries being any different — merciless conquest by eastern hemisphere humans and microbes. So celebrate World IP Day on August 9, and rub out Columbus Day because he was a murderer and slaver. Criminal procedures, not clash of civilizations ones, are to be recommended for Columbus, as they are for any modern day terrorist.


What should this city and county in Ohio be renamed to? Photo: Derek Jensen, Public Domain

But one day is only a beginning. Wikipedia:

Veneration of Columbus in America dates back to colonial times. The name Columbia for “America” first appeared in a 1738 weekly publication of the debates of the British Parliament. The use of Columbus as a founding figure of New World nations and the use of the word “Columbia”, or simply the name “Columbus”, spread rapidly after the American Revolution. Columbus’ name was given to the federal capital of the United States (District of Columbia), the capital cities of two U.S. states (Ohio and South Carolina), and the Columbia River. Outside the United States the name was used in 1819 for the Gran Colombia, a precursor of the modern Republic of Colombia. Numerous cities, towns, counties, streets, and plazas (called Plaza Colón or Plaza de Colón throughout Latin America and Spain) have been named after him. A candidate for sainthood in the Catholic Church in 1866, celebration of Columbus’ legacy perhaps reached a zenith in 1892 with the 400th anniversary of his first arrival in the Americas. Monuments to Columbus like the Columbian Exposition in Chicago and Columbus Circle in New York City were erected throughout the United States and Latin America extolling him.

There should be no veneration or extolling of slave owners. Everything named after Columbus (fun fact: Colombo, the city in Sri Lanka, is not) should be renamed, along with everything named after Washington, Jefferson, Madison, Monroe, Jackson, Van Buren, Harrison, Tyler, Polk, Taylor, Pierce, Buchanan, Johnson, Grant, Penn, Franklin, Houston, Austin, and many more.

Do not pay copyright holders, for a good future

Sunday, September 28th, 2014

The Unrepentant Bootlegger profiles Hana Beshara, a founder of NinjaVideo, who spent 16 months in prison for defying censorship. Cut to the logic of censorship (emphasis added):

People watch more paid, legal content than ever, but they also continue to download huge amounts of illegal content. “Piracy is putting pressure on antiquated business models, which isn’t necessarily a bad thing,” said Brett Danaher, an economics professor at Wellesley College who studies Internet piracy. “But the prevalence of piracy shows that people are growing up in a culture of free, and that is not good for the future of entertainment, either.”

That we should be concerned for the future of entertainment, at all, is itself bizarre. Freedom and equality should absolutely trump incentivizing a surfeit of entertainment. If we must choose between spectacle and communications, spectacle should be destroyed. We do not need to choose. We can destroy the censorship regime, but entertainment, including for better or worse some of the spectacle variety, will continue to exist and be produced in vastly greater quantities and quality than it is feasible for anyone to even begin to fully appreciate in a lifetime. If the spectacle portion does not include projects with budgets of hundreds of millions of dollars, that is OK — we will love what culture does get produced, as that love and cultural relevance is largely based on being immersed in the culture that exists — we love the culture we’re in. If that culture is less dominated by U.S.-based high investment productions, so much the better for the U.S. and the world.

Another policy significant quote from the article:

Peter Eckersley, technology projects director at the Electronic Frontier Foundation [...] said the law should shift its focus to making sure that copyright holders are paid for their work, rather than trying to stymie how people gain access to it. [...] He suggested a legal framework to retire the “exclusive rights” aspect of copyright law that requires permission to publish — and that allows copyright holders to seek exorbitant damages from infringers — and move toward a system that requires sites and people who make money from another’s work to share any profits. Solutions like these, Mr. Eckersley says, would create different priorities that go beyond chasing small-time pirates like Ms. Beshara and her colleagues.

No, copyright holders should not be paid. Any payment by virtue of holding copyright only makes the censorship regime self-perpetuating. Funding of entertainment should be completely decoupled from the censorship regime of copyright. I understand the appeal of paid speech over permissioned speech (of course a tax is usually better than a prohibition, and that applies to privatized regimes as well), but neither is free speech. The paid speech approach would indeed create priorities that go beyond chasing small-time pirates (note Beshara earned $210k over 3 years; note also existing paid speech regimes which involve monitoring and shakedown of small-time restaurants) — it would invite further pervasive and destructive surveillance of communications in the interest of ensuring copyright holders get paid. It is appalling that EFF is still willing to invite sacrifice of everything they fight for at the alter of paying copyright holders. I don’t blame the EFF specifically; this just shows how deeply intellectual parasitism has burrowed in general. Intellectual parasites (which includes most reformers, including me often) need to fully shift to being commons policy advocates (and scholars).

Regarding people and projects like Hana Beshara and NinjaVideo, I’m ambivalent. Performing unpaid marketing and price discrimination services for the censorship industry is distasteful and harmful. But sharing culture (putting the regime aside) is tasteful and helpful. There is too little known about informal circulations and their effects, this lack of knowledge itself a collateral damage of the regime (compare being able to study cultural flows and surveillance required for paid speech; they are of different orders) and far, far, far too little direct competition for the regime.

The jobs case for a police state

Saturday, September 13th, 2014

Partly to make up for not blogging on the issue in awhile (category), I recommend the Vox story/interview on the case for open borders. If a prediction can be sterile, sanguine, and desperate at one time, this is it:

My longer-run prediction is the world will have open borders once it doesn’t make much difference anymore. Once development has happened almost everywhere, and there are virtually no desperate backwaters left, that’s when countries will finally relent and say, “Fine. You can come here if you want,” and then they’ll open the borders, and then there will be very little migration. To me, a big point of open borders is just to fast forward to the world of the future where everyone can enjoy a First-World standard of living rather than making people wait 100 years.

I agree with the desperate part (waiting condemns billions to poverty and tyranny). But a big point of the international apartheid system to to ensure that there will always be desperate backwaters. Even if virtually everyone reaches a level of wealth at which migration declines, there will be disasters. Another big point of restrictions on movement, work, and living, particularly at borders but increasingly everywhere, is to impose on everyone (especially but not only migrants) police state controls/thug checkpoints.

My prediction (in US-centric terms, but applicable elsewhere) is that in 100 years ICE will be evaluated to have had far greater negative impact than the NSA, if they aren’t running things wholly that is. I predict this metastasizing apartheid enforcement apparatus will make justice impossible, even in the face of a massive shift in elite opinion (note mini-refutation) — like the drug war, not like marriage equality.

Regarding the title of this post: seriously, what could be politically better than creating jobs for citizens that protect jobs for citizens! It is surprising we don’t already have an ICE dictatorship. We don’t because the cost of regulation is too high. But it is coming down. Monitoring of all movement and required third party (ICE) approval of all economic arrangements are both getting cheaper every day.

Proprietary profitability as a key metric for open access and open source

Thursday, August 7th, 2014

Glyn Moody in Beyond Open Standards and Open Access:

Like open source, open access is definitely winning, even if there is some desperate rearguard action by the publishers, who are trying to protect their astonishing profit margins – typically 30-40%.

No doubt open source and open access have progressed, but the competition maintaining astonishing profit margins contradicts “definitely winning.” For publishing, see Elsevier, £0.8b profit on £2.1b revenue, and others. For software most pertinent to Moody’s post (concerning Open Document Format), see Microsoft’s business division, $16b profit on $24b revenue.

These profits coupled with the slow relative progress of open source and open access give proprietary vendors huge range to not only take “desperate rearguard action” but also to create new products and forms of lock-in with which the commons is continually playing catch-up.

We know what the commons “definitely winning” looks like — Linux (server software) and Wikipedia (encyclopedias) — and it includes proprietary vendor profit margins being crushed, most going out of business, and those remaining transitioning to service lines of business less predicated on privatized censorship.

When libraries begin mass cancellation of toll access journal subscriptions and organizations of all sorts cancel Microsoft, Adobe, and similar software subscriptions, then we can consider whether open access and open source are definitely winning. Until then the answer is definitely no.

As for what’s next for open standards and open access (Moody suggests further ODF mandates, which would be fine), the obvious answer is open source. It’s what allows realization of the promise of open standards, and the cancellation of Microsoft subscriptions. It’s also what’s next for academic publishing and everything else — what is not software will be obsolete — though cancellation of those toll access subscriptions is going to require going back to basics.

Free/open/commons advocates should consider destruction of proprietary competition profitability a key aim and metric of success or lack thereof, for both open products and policy. This metric has several benefits:

  • Indicates relative progress. Any non-moribund project/movement can make seeming progress, blind to different and potentially much greater progress by competition.
  • Implicates role of knowledge economy and policy in increasing or decreasing equality (of income and wealth, not just access).
  • Hard numbers, data readily available.
  • It’s reasonable to multiply destruction of proprietary profits when characterizing gains (so as to include decrease in deadweight loss).

LegacyOffice?

Wednesday, July 30th, 2014

LibreOffice 4.3 announcement, release notes with new feature screenshots, developer perspective. Perhaps most useful, a feature comparison of LibreOffice 4.3 and Microsoft Office 2013.

Overall a great six month release. Coming early next year: 4.4.

Steady progress is also being made on policy. “The default format for saving [UK] government documents must be Open Document Format (ODF)” — the genuinely open standard used by LibreOffice; Glyn Moody has a good writeup. I occasionally see news of large organizations migrating to LibreOffice, most recently the city of Tolouse. Hopefully many more will manage to escape “effective captivity” to a single vendor (Glyn Moody for that story too).

(My take on the broad importance of open policy and software adoption.)

Also, recent news of work on a version of LibreOffice for Android. But nothing on LibreOffice Online (in a web browser) which as far as I can tell remains a prototype. WebODF is an independent implementation of ODF viewing and editing in browser. Any of these probably require lots of work to be as effective of a collaboration solution as Google Docs — much of the work outside the editing software, e.g. integration with “sharing” mechanisms (e.g., WebODF and ownCloud) and ready availability of deployments of those mechanisms (Sandstorm is promising recent work on deployment, especially security).

From what I observe, Google Docs has largely displaced (except for large or heavily formatted for print or facsimile) Microsoft Office, though I guess that’s not the case in large organizations with internal sharing mechanisms. I suspect Google Docs (especially spreadsheets) has also expanded the use of “office” software, in part replacing wiki use cases. Is there any reason to think that free/open source software isn’t as far behind now as it was in 2000 before the open source release of OpenOffice.org, LibreOffice’s predecessor?

Still, I consider LibreOffice one of the most important free software projects. I expect it will continue to be developed and used on millions of “legacy” desktops for decades after captivity to Microsoft is long past, indeed after desktop versions of Microsoft Office long EoL’d. Hopefully LibreOffice’s strong community, development, governance, and momentum (all vastly improved over OpenOffice.org) in combination with open policy work (almost non-existent in 2000) and other projects will obtain much better than even this valuable result.

Edit Oakland wiki events

Wednesday, July 9th, 2014

Saturday, July 12, there’s a big open streets event in my obscure flats neighborhood where Oakland, Emeryville, and Berkeley meet. A small stretch of San Pablo Avenue will be closed to cars (sadly not only human-driven cars, which would momentarily meet my suggestion). E’ville Eye has a comprehensive post about the event and its origins.

There will be an Oakland Urban Paths walk in the neighborhood during the event, during which obscurities will be related. Usually these walks are in locations with more obvious scenery (hills/stairs) and historical landmarks; I’m looking forward to seeing how they address Golden Gate. Last month they walked between West Oakland and downtown, a historic and potentially beautiful route that currently crosses 980 twice — edit it out!

Monday, July 14 18:00-19:30 there’s a follow-on event at the Golden Gate Branch Library — an OaklandWiki edit party. I haven’t edited Oakland Wiki much yet, but I like the concept. It is one of many LocalWikis, which relative to MediaWiki and Wikipedia have very few features or rules. This ought greatly lower the barrier to many more people contributing information pertinent to their local situation; perhaps someone is researching that? I’ve used the OaklandWiki to look up sources for Wikipedia articles related to Oakland and have noticed several free images uploaded to OaklandWiki that would be useful on Wikipedia.

Saturday, July 19 11:00-16:00 there’s a Wikipedia edit event at Impact Hub in Oakland and online: WikiProject Open Barn Raising 2014 which aims to improve Wikipedia articles about open education — a very broad and somewhat recursive (Wikipedia is an “open educational resource”, though singular doesn’t do it justice, unless perhaps made singular the open educational resource, but that would be an overstatement). If you’re interested in OER, Open Access, open policy and related tools and organizations, or would like to learn about those things and about editing Wikipedia, please participate!

Tangentially, OpenHatch (my endorsement) got a nice writeup of its Open Source Comes to Campus events at WIRED. I view these as conceptually similar to introduction to Wiki[pedia] editing events — all aim to create a welcoming space for newcomers to dive into participating in commons-based peer production — good for learning, careers, communities, and society.

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.

API commons

Thursday, May 29th, 2014

Notes for panel The API Copyright Emergency: What’s Next? today at API Con SF. The “emergency” is the recent decision in Oracle v. Google, which I don’t discuss directly below, though I did riff on the ongoing case last year.

I begin with and come back to a few times Creative Commons licenses as I was on the panel as a “senior fellow” for that organization, but apart from such emphasis and framing, this is more or less what I think. I got about 80% of the below in on the panel, but hopefully still worth reading even for attendees.

A few follow-up thoughts after the notes.

Creative Commons licenses, like other public licenses, grant permissions around copyright, but as CC’s statement on copyright reform concludes, licenses “are not a substitute for users’ rights, and CC supports ongoing efforts to reform copyright law to strengthen users’ rights and expand the public domain.” In the context of APIs, default policy should be that independent implementation of an API never require permission from the API’s designer, previous implementer, or other rightsholder.

Without such a default policy of permission-free innovation, interoperability and competition will suffer, and the API community invites late and messy regulation at other levels intending to protect consumers from resulting lock-in.

Practically, there are things API developers, service providers, and API consumers can do and demand of each other, both to protect the community from a bad turn in default policy, and to go further in creating a commons. But using tools such as those CC provides, and choosing the right tools, requires looking at what an API consists of, including:

  1. API specification
  2. API documentation
  3. API implementations, server
  4. API implementations, client
  5. Material (often “data”) made available via API
  6. API metadata (e.g, as part of API directory)

(depending on construction, these could all be generated from an annotated implementation, or could each be separate works)

and what restrictions can be pertinent:

  1. Copyright
  2. Patent

(many other issues can arise from providing an API as a service, e.g., privacy, though those are usually not in the range of public licenses and are orthogonal to API “IP”, so I’ll ignore them here)

1-4 are clearly works subject to copyright, while 5 and 6 may or may not be (e.g., hopefully not if purely factual data). Typically only 3 and 4 might be restricted by patents.

Standards bodies typically do their work primarily around 1. Relatively open ones, like the W3C, obtain agreement from all contributors to the standard to permit royalty-free implementation of the standard by anyone, typically including a patent license and permission to prepare and perform derivative works (i.e., copyright, to extent such permission is necessary). One option you have is to put your API through an existing standards organization. This may be too heavyweight, or may be appropriate yet if your API is really a multi-stakeholder thing with multiple peer implementations; the W3C now has a lightweight community group venue which might be appropriate. The Open Web Foundation’s agreements allow you to take this approach for your API without involvement of an existing standards body​. Lawrence Rosen has/will talk about this.

Another approach is to release your API specification (and necessarily 2-4 to the extent they comprise one work, ideally even if they are separate) under a public copyright license, such as one of the CC licenses, the CC0 public domain dedication, or an open source software license. Currently the most obvious choice is the Apache License 2.0, which grants copyright permission as well as including a patent peace clause. One or more of the CC licenses are sometimes suggested, perhaps because specification and documentation are often one work, and the latter seems like a “creative” work. But keep in mind that CC does not recommend using its licenses for software, and instead recommends using an open source software licenses (such as Apache): no CC license includes explicit patent permission, and depending on the specific CC license chosen, it may not be compatible with software licenses, contrary to goal of granting clear permission for independent API implementation, even in the face of a bad policy turn.

One way to go beyond mitigating “API copyrightability” is to publish open source implementations, preferably production, though reference implementations are better than nothing. These implementations would be covered by whatever copyright and patent permissions are granted by the license they are released under — again Apache 2.0 is a good choice, and for software implementation CC licenses should not be used; other software licenses such as [A]GPL might be pertinent depending on business and social goals.

Another way to create a “thick” API commons is to address material made available via APIs, and metadata about APIs. There, CC tools are likely pertinent, e.g., use CC0 for data and metadata to ensure that “facts are free”, as they ought be in spite of other bad policy turns.

To get even thicker, consider the architecture, for lack of a better term, around API development, services, and material accessed and updated via APIs. Just some keywords: Linked Open Data, P2P, federation, Lots of Copies Keep Stuff Safe, collaborative curation.

The other panelists were Pamela Samuelson, Lawrence Rosen, and Annette Hurst, moderated by David Berlind.

I’m fairly familiar with Samuelson’s and Rosen’s work and don’t have comments on what they said on the panel. If you want to read more, I recommend among Samuelson’s papers The Strange Odyssey of Software Interfaces and Intellectual Property Law which shows that the “API copyright emergency” of the panel title is recurrent and intertwined with patent, providing several decades of the pertinent history up to 2008. Contrary to my expectation in the notes above, Rosen didn’t get a chance to talk about the Open Web Foundation agreements, but you can read his 2010 article Implementing Open Standards in Open Source which covers OWF.

Hurst is a lawyer for Orrick representing Oracle in the Oracle v. Google case, so understandably advocated for API copyright, but in the process made several deeply flawed assertions could have consumed the entire duration of the panel, but Berlind did a good job of keeping the conversation moving forward. Still, I want to mention two high level ones here, my paraphrases and responses:

Without software copyright the software economy would go away. This is refuted by software development not for the purposes of selling licenses (which is the vast majority of it), especially free/open source software development, and services (e.g., API provision, the source of which is often never published, though it ought be, see “going beyond” recommendations above). Yes the software economy would change, with less winner-take-all monopoly and less employment for Intellectual Parasite lawyers. But the software economy would be huge and very competitive. Software is eating the world, remember? One way to make it help rather than pejoratively eat the world is to eject the parasites along for the ride.

Open source can’t work without software copyright. This is refuted by 1) software source sharing before software copyright; 2) preponderance of permissively licensed open source software, in which the terms do not allow suing downstream developers who do not share back; 3) the difficulty of enforcing copyleft licenses which do allow for suing downstream developers who do not share back; 4) the possibility of non-copyright regulation to force sharing of source (indeed I see the charitable understanding of copyleft as prototyping such regulation; for perspective on the Oracle v. Google case from someone with a more purely charitable understanding of copyleft, see Bradley Kuhn); and 5) demand and supply mechanisms for mandating sharing of source (e.g., procurement policies, distribution policies such as Debian’s).

These came up because Hurst seemed to really want the audience to conflate software copyright in general (not at issue in the case, settled in a bad place since the early 1980s) and API copyright specifically. Regarding the latter, another point which could have been made is the extent to which free/open source software has been built around providing alternatives to proprietary software, often API-compatible. If API copyright could prevent compatible implementation without permission of any sort, open source, competition, and innovation would all be severely hampered.

There is a recent site called API Commons, which seems to be an API directory (Programmable Web, which ran the conference, also has one). My general suggestion to both would be to implement and facilitate putting all elements of APIs listed above in my notes in the commons. For example, they could clarify that API metadata they collect is in the public domain, publish it as Linked Open Data, and encourage API developers and providers they catalog to freely license specifications, documentation, implementations, and data, and note such in the directories.

In order to get a flavor for the conference, I listened to yesterday morning’s keynotes, both of which made valiant attempts to connect big picture themes to day to day API development and provision. Allow me to try to make connections back to “API commons”.

Sarah Austin, representing the San Francisco YMCA, pointed out that the conference is near the Tenderloin neighborhood, the poorest in central San Francisco. Austin asked if kids from the Tenderloin would be able to find jobs in the “API economy” or would they be priced out of the area (many tech companies have moved nearby in the last years, Twitter perhaps the best known).

Keith Axline claimed The Universe Is Programmable. We Need an API for Everything, or to some extent, that learning about the universe and how to manipulate it is like programming. Axline’s talk seemed fairly philosophical, but could be made concrete with reference to the Internet of Things, programmable matter, robots, nanobots, software eating the world … much about the world will indeed soon be software (programmable) or obsolete.

Axline’s conclusion was in effect largely about knowledge policy, including mourning energy wasted on IP, and observing that we should figure out public support for science or risk a programmable world dominated by IP. That might be part of it, but keeps the focus on funding, which is just where IP advocates want it — IP is an off-the-balance-sheets, “free” taking. A more direct approach is needed — get the rules of knowledge policy right, put freedom and equality as its top goals, reject freedom infringing regimes, promote commons (but mandating all these as a condition of public and publicly interested funding is a reasonable starting place) — given these objectives and constraints, then argue about market, government, or other failure and funding.

Knowledge policy can’t directly address the Austin’s concerns in the Tenderloin, but it does indirectly affect them, and over the long term tremendously affect them, in the Tenderloin and many other places. As the world accelerates its transition from an industrial to a knowledge dominated economy, will that economy be dominated by monopoly and inequality or freedom and equality? Will the former concentrations continue to abet instances of what Jane Jacobs called “catastrophic money” rushing into ill-prepared neighborhoods, or will the latter tendencies spread the knowledge, wealth, and opportunity?