It’s great to see someone who appears to be well respected in the recorded music industry providing such a radical and rational (in today’s context) proposal, but the key insight has nothing to do with the specifics of his proposal. Dubber writes (emphasis added):

Current blanket copyright terms ‘protect’ (I use that term in the sense of ‘racket’) copyright owners so that they can continue to be paid over and over again for work they did years ago. It prevents anyone else from making money out of works that have been shelved.

It does not, in any real sense, ‘incentivise creativity’.

So obvious, so completely ignored by policy.

Via Techdirt.

Under US law, pretty much anything you write down is copyrighted. Scrawl an original note on a napkin and it’s protected until 70 years after your death.

Note: None of this post should be taken as criticism of Zuckerman. I’m just using his sentence as a foil. He is a great blogger, the above is a great post of his, which furthermore talks about the great work of some of my colleagues…

In what sense is the hypothetical scrawl above “protected” by copyright? A scrawl might be protected by a glass case or digitization, or even (somewhat remotely) by secure property rights in napkins, glass cases, and computers.

No, copyright restricts the ability of others to use representations of the scrawl legally, without obtaining permission from the scrawler or a party the scrawler has transferred this right to censor to.

Which brings us to another inaccurate phrasing, which has many variations, all along the lines of “copyright is the right to … a copyrighted work” where the ellipsis are filled by words like “publish”, “distribute”, or “perform”. Not true! Copyright is not required to have the right to publish a work, or public domain works would be illegal to publish. Instead, copyright is the right to legally restrict others from publishing, distributing, performing works.

So use of the term ‘copyright protection’ (2,930,000 Google hits) instead of ‘copyright restriction’ (19,300 Google hits) is a peeve of mine and seeing copyright equated with censorship a small joy.

The claims in the recent press release included the following:

Software piracy also has ripple effects in local communities.  The lost revenues to the wider group of software distributors and service providers ($11.4 billion) would have been enough to hire 54,000 high tech industry workers, while the lost state and local tax revenues ($1.7 billion) would have been enough to build 100 middle schools or 10,800 affordable housing units, or hire nearly 25,000 experienced police officers.

Of course the BSA’s concern for tax revenues is disingenuous, in a totally unsurprising fashion:

I guess any money not paid to BSA members just disappears and is not spent on other things in the economy that also involve jobs and taxes. In the real world we know that money not spent on software will more likely be spent on other things which are taxed the same — or even higher, given how BSA likes to also lobby to get software taxed at a lower rate than other products or services.

McOrmond also makes a slightly surprising claim about the BSA’s studies that I’d love to have verification of:

I know that people choosing legally lower cost software such as FLOSS are included as “piracy” in these studies. I guess my supporting FLOSS (both commercially and as an individual) could be blamed for their not being enough money to adequately equip the Canadian military in Afghanistan. I guess this makes me a terrorist sympathizer, by the BSA “logic”.

Regardless of whether FLOSS is counted as “piracy” in studies, the logic that it doesn’t directly facilitate the collection of taxes to fund military (or state schools, housing, or police) is pretty unassailable. Of course it could reduce costs and increase quality for each of these functions, as for anyone else.

I’ve written about the subject of this group and statement a number of times on this blog, starting with Constitutionally Open Services two years ago. I think that post holds up pretty well. Here were my tentative recommendations:

So what can be done to make the web application dominated future open source in spirit, for lack of a better term?

First, web applications should be super easy to manage (install, upgrade, customize, secure, backup) so that running your own is a real option. Applications like WordPress and MediaWiki have made large strides, especially in the installation department, but still require a lot of work and knowledge to run effectively.

There are some applications that centralizaton makes tractable or at least easier and better, e.g., web scale search, social aggregation — which basically come down to high bandwidth, low latency data transfer. Various P2P technologies (much to learn from, field wide open) can help somewhat, but the pull of centralization is very strong.

In cases were one accepts a centralized web application, should one demand that application be somehow constitutionally open? Some possible criteria:

• All source code for the running service should be published under an open source license and developer source control available for public viewing.
• All private data available for on-demand export in standard formats.
• All collaboratively created data available under an open license (e.g., one from Creative Commons), again in standard formats.
• In some cases, I am not sure how rare, the final mission of the organization running the service should be to provide the service rather than to make a financial profit, i.e., beholden to users and volunteers, not investors and employees. Maybe. Would I be less sanguine about the long term prospects of Wikipedia if it were for-profit? I don’t know of evidence for or against this feeling.

Consider all of this ignorant speculation. Yes, I’m just angling for more freedom lunches.

I was honored to participate in a summit called by the Free Software Foundation to discuss these issues March of this year, along with far greater thinkers and doers. Autonomo.us and the Franklin Street Statement (named for the FSF’s office address) are the result of continued work among the summit participants, not yet endorsed by the FSF (nor by any other organization). Essentially everything I conjectured above made it into the statement (not due to me, they are fairly obvious points, at least as of 2008, and others made them long before) with the exception of making deployment easier, which is mundane, and service governance issues, which the group did discuss, but inconclusively.

There’s much more to say about this, but for now (and likely for some time, at the rate I write, though this activity did directly inspire me to propose speaking at an upcoming P2P industry summit, which I will early next month–I’m also speaking tomorrow at BALUG and will mention autonomo.us briefly–see info on both engagements) I wanted to address two immediate and fairly obvious critiques.

Brian Rowe wrote:

“Where it is possible, they should use Free Software equivalents that run on their own computer.” This is near Luddite talk… It is almost always possible to use an app on your own comp, but it is so inefficient. Networked online apps are not inherently evil, should you back up your work
offline, yes. Should you have alternative options and data portability, yes. You should fight to impove them. But you should not avoid them like the plauge.

The statement doesn’t advocate avoiding network services–see “Where it is possible”, and most of the statement concerns how network services can be free. However, it is easy to read the sentence Rowe quoted and see Luddism. I hope that to some it instead serves as a challenge, for:

• Applications that run on your own computer can be networked, i.e., P2P.
• Your own computer does not only include your laptop and home server, but any hardware you control, and I think that should often include virtual hardware.

Wes Felter wrote:

I see a lot about software licensing and not much about identity and privacy. I guess when all you have is the AGPL everything looks like a licensing problem.

True enough, but lots of people are working on identity and privacy. If the FSF doesn’t work on addressing the threats to freedom as in free software posed by network services, it isn’t clear who would. And I’d suggest that any success free software has in the network services world will have beneficial effects on identity and privacy for users–unless you think these are best served by identity silos and security through obscurity.

Finally, the FSF is an explicitly ideological organization (I believe mostly for the greater good), so the statement (although not yet endorsed by the FSF, I believe all participants are probably FSF members, staff, or directors) language reflect that. However, I suspect by far the most important work to be done to maintain software freedom is technical and pragmatic, for example writing P2P applications, making sharing modified source of network applications a natural part of deployment (greatly eased by the rise of distributed version control), and convincing users and service providers that it is in their interest to expect and provide free/open network services.

I suggest going on to read Evan Prodromou (the doer above) on autonomo.us and the Franklin Street Statement and Rufus Pollock on the Open Software Service Definition, which more or less says the same thing as the FSS in the language of a definition (and using the word open), coordinated to launch at the same time.

I love the name of Prodromou’s company, Control Yourself. Presumably it is a reference to discussions of user autonomy as a better frame than freedom or openness … for discussions of concerns addressed by free/open source software and its ilk.

You can follow Evan’s microblogging at identi.ca/evan.

I’ve only used Twitter for an ongoing joke that probably nobody gets, but for now I’ll be trying to honestly microblog at identi.ca/mlinksva.

Project owners creatively spun results for political reasons—mainly to prevent funding from being yanked. Consequently, there was a gaping disconnect between the project people down at ground level and the business leaders farther up the food chain when it came to understanding how projects were actually progressing. The leaders tended to think things were going much better than they actually were.

The problem of corrupted information flows stayed with Siegel and ultimately led him to found his current company, Inkling Markets, a software-as-service venture aimed at helping companies conduct successful prediction markets. What does a prediction market have to do with eliminating spin? Siegel sees an opportunity to produce higher quality decision support in businesses by tapping anonymous input “from people who aren’t normally asked their opinions, in samples large enough to filter out individual agendas.”

In the case of an internal prediction market, employees might be asked to weigh in anonymously (wagering a sum of token currency) on a statement like this: “The Voldemort Project will meet all of its defined performance targets by the end of 2008.”

Unfortunately, the post includes just a bit of its own stupidity (emphasis added):

While many are naturally captivated by the black-swan-finding potential of prediction markets, another sweet spot may be their use as a form of institutional lie detection—guaranteeing the integrity of internal reporting and keeping the progress of business initiatives transparent.

What the heck is he talking about? I have never heard of anyone claiming that a prediction market could find black swans — to the contrary, a black swan is almost by definition something a prediction market will fail to signal — the knowledge does not exist to be aggregated. Chris Masse quoting Nassim Taleb:

If, as Niall Ferguson showed, war bonds did not forecast the great war, it was a Black Swan

Now prediction markets and black swans both have something to do with prediction and probability, but they’re otherwise ships passing not in the night, but on opposite sides of the globe — with one in the night.

DRM strikes me as another example of people fooled by common interest, in this case of cryptography and censorshipcopyright enforcement. Both have something to do with preventing someone from getting access to information. That doesn’t make one a tool for the other (in either direction). Of course that knowledge was distributed, but apparently not visibly in the right places, resulting in lots of bad projects.

Via Inkling.

Google hires employees based on skills and qualifications, not on nationality.

Great, Google doesn’t have an apartheid hiring policy. They aren’t actively doing evil. So they’re in a similar camp with South African businesses who didn’t want to hire based on race, but failed to stop Apartheid. Unfortunately, Google doesn’t mind pandering to neanderthals who think Amurricans deserve some kind of advantage:

Other commenters suggested that Google should fund education for underprivileged American students, to better prepare American students to fill technical jobs. We agree

Underprivileged Americans (by which they certainly and unfortunately mean U.S. citizens)? Please.

Google also says the cap on H-1B visas is “artificially low.” More pandering. Any cap at all is “artificial”, as is any limit at all on the legal ability of any human from working anywhere they’d like to for a willing employer.

Global mobility with no artificial restraints — abolish international apartheid. Surely Google can take a stronger stand than mine owners in South Africa did a century ago.

Yesterday at about 5:30PM EDT the Libertarian Party (U.S.) nominated ex-Congressperson Bob Barr for temporary dictator. Barr’s nomination does not appear to have been certain — it took five rounds of voting, including two rounds where he tied for first and one in which in placed second.

So what do the relevant prediction markets make of this new information? Is Barr a contender, a potential spoiler, or irrelevant?

At Intrade, PRES.FIELD2008 has attracted no trades since May 22, three days before Barr’s nomination. We didn’t need a market to tell us a Libertarian Party nominee would not be a contender, nor help the chances of another non-Democrat and non-Republican.

The idea that Barr could be a spoiler is not completely ridiculous on its face (Barr and Wayne Allen Root, his running mate, are both recent ex-Republicans). However, PRES.DEM2008 has attracted no trades since May 24, the day before Barr’s nomination, while PRES.REP2008 did not trade between 18 hours before the nomination and over 3 hours after.

I think we can conclude that traders believe Barr’s nomination will have no impact on the outcome of the U.S. temporary dictator election. And, sadly, that volume on Intrade is pathetic.

It should be no surprise that traders dismiss the impact of the Libertarian Party’s choice. The last time they nominated a marginally credible candidate — in 1988, another (then) ex-Republican ex-Congressperson, Ron Paul — they received 0.5% of the total vote.

Regarding the Libertarian Party generally, I can’t say it much better than Tim Lee:

Ultimately, I wish the LP would just go away. The structure of American elections dooms third parties to perpetual failure and obscurity, and that, in turn, creates a vicious cycle where the most talented activists and potential candidates go elsewhere, causing the party to be even more out of touch and politically tone-deaf in the next election. But given that the party is going to nominate somebody, Barr was probably the best choice. He’s a reasonably credible candidate, he’s got decent media skills, and so far, at least, I haven’t seen him take any positions that I strongly disagree with (since his road-to-damascus conversion in 2006, anyway). But I don’t plan to support his candidacy because while he may be the least-bad option on this November’s ballot, he certainly isn’t the kind of person I want associated with libertarianism. And every vote he gets will mean more visibility for the embarrassing candidate the party is likely to nominate in 2012.

Some say it is a fine day to criticize politicians (emphasis added):

One would hope that this day, above all others, would be a time for condemning those whose lies and failures resulted in thousands of their fellow citizens being killed.

Though it may annoy to see the current temporary dictator strut with former murder gang members/slaves, now hilariously motorcycle gang members, the above leaves me with two reactions, following.

First, boredom. What day does not pass for a good day to criticize hypocritical politicians? I reserve this day for honoring those who have not taken part and those who got a clue and got out. If anyone must be condemned today, let’s keep it on the level of those actually doing the killing. Take for example this so-sad story of a gang member and gang recruiter who killed himself:

“He told me he kicked down over 1,000 doors,” Maxey said. “He was the lead guy, the first one to go in, and most of the time it was the wrong place. There would be terrified old people and little kids sitting there.”

Good riddance.

Second, the author of the first quote above is part of the problem, for buying into nationalist rhetoric. If he really had to dwell on the higher ups, he should have written this:

One would hope that this day, above all others, would be a time for condemning those whose lies and failures resulted in thousands of murders.

Even worse is index.php in the path. You’ve taken the time to publish a website, now take a few minutes to make its URLs less ugly. I’m not going to bother setting up no-index-php.org, but someone should. However, in the spirit of no-www.org, here are a couple resources for removing index.php from popular software installations:

• WordPress Codex on using permalinks — in many cases WordPress will produce the right .htaccess file automatically, but if you have to fiddle, the default behavior of identifying a post in the querystring with an integer (e.g., ?p=1913) has a strong appeal, while the “almost pretty” option is extremely ugly.
• MediaWiki Manual:Short URL — when this page lived on meta.wikimedia.org, it was appropriated called Eliminating index.php from the url.

Please remove index.php from your URLs, or signal that you have no taste, no technical abilities, or both.

Thanks!