Post Open Source

Wincing at surveillance, the security state, medical devices, and free software

Friday, January 27th, 2012

Last week I saw a play version of . I winced throughout, perhaps due to over-familiarity with the topics and locale, and there are just so many ways a story with its characteristics (heavy handed politics that I agree with, written for adolescents, set in near future) can embarrass me. Had there been any room for the nuance of apathy, a few bars of Saturday Night Holocaust would’ve been great to work into the play. But the acting and other stuff making up the play seemed well done, I’m glad that people are trying to make art about issues that I care about, and I’d recommend seeing the play (extended to Feb 25 in San Francisco) for anyone less sensitive.

I also just watched Karen Sandler’s LCA talk, which I can’t recommend highly enough. It is more expansive than a short talk she gave last year at OSCON based on her paper Killed by Code: Software Transparency in Implantable Medical Devices.

I frequently complain that free/libre/open software and nearby aren’t taken seriously as being important to a free and otherwise good society and that advocates have completely failed to demonstrate this importance. Well, much more is needed, but the above talks give me hope, and Sandler in front of as many people as possible would be great progress.

Someday knowing the ins and outs of copyright will be like knowing the intricate rules of internal passports in Communist East Germany

Thursday, January 26th, 2012

Said Evan Prodromou, who I keep quoting.

I repeat Evan as a reminder and apology. I’ve blogged many times about copyright licenses in the past, and will have a few detailed posts on the subject soon in preparation for a short talk at FOSDEM.

Given current malgovernance of the intellectual commons, public copyright licenses are important for freedom. They’re probably also important trials for post-copyright regulation (meant in the broadest sense, including at least “market” and “government” regulatory mechanisms), eg of ability to inspect and modify complete and corresponding source.

At the same time, the totemic and contentious role copyright licenses (and sometimes assignment or contributor agreements, and sometimes covering related wrongs and patents) play in free/libre/open works, projects, and communities often seems an unfortunate misdirection of energy at best, and probably looks utterly ridiculous to casual observers. I suspect copyright also takes at least some deserved limelight, and perhaps much more, from other aspects of governance, plain old getting things done, and activism around other issues (regarding the first, some good recent writings includes those by Simon Phipps and Bradley Kuhn, but the prominence of copyright arrangements therein reinforces my point). But this all amounts to an additional reason it is important to get the details of public copyright licenses right, in particular compatibility between them where it can be achieved — so as to minimize the amount of time and energy projects put into considering and arguing about the options.

Obviously the energy put into public licenses is utterly insignificant against that spent on other copyright/patent/trademark complex activities. But I’m not going to write about that in the near future, so it isn’t part of my apology and rationalization.

Someday I hope that knowing the ins and outs of both Internal Passports of the mind and international passports will be like knowing the rules of internal passports in Communist East Germany (presumably intricate; I did not look for details, but hopefully they exist not many hops from a Wikipedia article on Eastern Bloc emigration and defection).

Faded sidebar

Sunday, January 22nd, 2012

I’ve occasionally mucked with my blog’s theme with a general aim of removing superfluous crap that makes reading posts harder. A couple weeks ago something Parker Higgins wrote inspired me to try a little harder:

How awesome is @niemanlab’s “faded” sidebar? And zen mode? That’s a site that cares about its readers.

You can view an archived version of the Nieman Lab site should their design change. The top of the sidebar isn’t faded, but overall I think the fading there is makes it a little easier to concentrate on a post without switching to “zen” mode (removing all navigation).

For my theme, I made the sidebar always faded except when hovered over, and float to the right as far away from the main content area as possible. All “header” content is in the sidebar so that there’s nothing preceding a post’s title.

I intended to remove anything hardcoded* for my blog, anything I don’t understand or not used, and anything that doesn’t validate, but I didn’t get very far on any of those. I doubt this will be useful to anyone, but patches welcome.

*Yes it is also a little ironic I’ve never bothered to published modified source used to run this blog until now.

SOPA/PIPA protests on-message or artless?

Wednesday, January 18th, 2012

Go Internet! Instantly message the U.S. Congress! (Tell them to kill the so-called Research Works Act too!)

Another, much bigger, tiresome rearguard action. I’m impressed by protesters’ nearly universal and exclusive focus on encouraging readers to contact U.S. Congresspeople. I hope it works. SOPA and PIPA really, really deserve to die.

But the protest also bums me out.

1) Self-censorship (in the case of sites completely blacked out, as opposed to those prominently displaying anti-SOPA messages) is not the Internet at its best. If that claim weren’t totally ridiculous, the net wouldn’t be worth defending. It isn’t even the net at its political best — that would be creating systems which disrupt and obviate power — long term offensives, not short-term defenses.

2) Near exclusive focus on supplication before 535 [Update: 536] ultra-powerful individuals is kinda disgusting. But it needs to be done, as effectively as possible.

3) I haven’t looked at a huge number of sites, but I haven’t seen much creativity in the protest. Next time it would be fun to see an appropriate site (Wikipedia? Internet Archive?) take what Flickr has done and add bidding for the “right” to darken particular articles or media as a fundraiser. Art would be nice too — I’d love to hear about anything really great (and preferably libre) from this round.

4) While some prominent bloggers have made the point that “piracy” is not a legitimate problem, overwhelmingly the protest has stuck to defense — SOPA and PIPA would do bad things to the net, and wouldn’t “work” anyway. Google goes much further, saying “End Piracy, Not Liberty” and “Fighting online piracy is important.” Not possible, wrong, and gives away the farm.

5) Nobody making the point that everyone can help with long-term offensives which will ultimately stop ratcheting protectionism, if it is to be stopped. Well, this nobody has attempted:

[I]magine a world in which most software and culture are free as in freedom. Software, culture, and innovation would be abundant, there would be plenty of money in it (just not based on threat of censorship), and there would be no constituency for attacking the Internet. (Well, apart from dictatorships and militarized law enforcement of supposed democracies; that’s a fight intertwined with SOPA, but those aren’t the primary constituencies for the bill.) Now, world dominationliberation by free software and culture isn’t feasible now. But every little bit helps reduce the constituency that wishes to attack the Internet to possibly protect their censorship-based revenue streams, and to increase the constituency whose desire to protect the Internet is perfectly aligned with their business interests and personal expression.

I’d hope that at least some messages tested convey not only the threat SOPA poses to Wikimedia, but the long-term threat the Wikimedia movement poses to censorship.

Also:

Bad legislation needs to be stopped now, but over the long term, we won’t stop getting new bad legislation until policymakers see broad support and amazing results from culture and other forms of knowledge that work with the Internet, rather than against it. Each work or project released under a CC license signals such support, and is an input for such results.

And:

Finally, remember that CC is crucial to keeping the Internet non-broken in the long term. The more free culture is, the less culture has an allergy to and deathwish for the Internet.

Of the five items I list above, the first three are admittedly peevish. Four and five represent not so much problems with the current protest as they do severe deficiencies in movements for intellectual freedom. Actually they are flipsides of the same deficiency: lack of compelling explanation that intellectual freedom, however constructed and protected, really matters, really works, and is really for the good. If such were well enough researched and explained so as to become conventional wisdom, rather than contentious and seemingly radical, net freedom activists could act much more proactively, provocatively, and powerfully, rather than as they do today: with supplication and genuflection.

I am not at all well read, but my weak understanding is that the withdrawal of economists from studying intellectual protectionism in the late 1800s was a great tragedy. To begin the encourage rectification of that century plus of relative neglect, today is a good day to start reading Against Intellectual Monopoly.

In the meantime, the actual and optimal counterfactual drift further apart, without any help from SOPA and PIPA.

Years of open hardware licenses

Tuesday, January 10th, 2012

Last in a list of the top 10 free/open source software legal developments in 2011 (emphasis added):

Open Hardware License. The open hardware movement received a boost when CERN published an Open Hardware License (“CERN OHL”). The CERN OHL is drafted as a documentation license which is careful to distinguish between documentation and software (which is not licensed under the CERN OHL) http://www.ohwr.org/documents/88. The license is “copyleft” and, thus, similar to GPLv2 because it requires that all modifications be made available under the terms of the CERN OHL. However, the license to patents, particularly important for hardware products, is ambiguous. This license is likely to the first of a number of open hardware licenses, but, hopefully, the open hardware movement will keep the number low and avoid “license proliferation” which has been such a problem for open source software.

But the CERN OHL isn’t the first “open hardware license”. Or perhaps it is the nth first. Several free software inspired licenses intended specifically for design and documentation have been created over the last decade or so. I recall encountering one dating back to the mid-1990s, but can’t find a reference now. Discussion of open hardware licenses was hot at the turn of the millennium, though most open hardware projects from that time didn’t get far, and I can’t find a license that made it to “1.0”.

People have been wanting to do for hardware what the GNU General Public License has done for software and trying to define open hardware since that timeframe. They keep on wanting (2006) and trying (2007, 2011 comments).

Probably the first arguably “high quality” license drafted specifically for open hardware is the (2007). The CERN OHL might be the second such. There has never been consensus on the best license to use for open hardware. Perhaps this is why CERN saw fit to create yet another (incompatible copyleft at that — incompatible with TAPR OHL, GPL, and BY-SA), but there still isn’t consensus in 2012.

Licenses primarily used for software (usually [L]GPL, occasionally BSD, MIT, or Apache) have also been used for open hardware since at least the late 1990s — and much more so than any license created specifically for open hardware. CC-BY-SA has been used by Arduino since at least 2008 and since 2009.

In 2009 the primary drafter of the TAPR OHL published a paper with a rationale for the license. By my reading of the paper, the case for a license specific to hardware seems pretty thin — hardware design and documentation files, and distribution of printed circuit boards seem a lot like program source and executables, and mostly subject to copyright. It also isn’t clear to me why the things TAPR OHL handles differently than most open source software licenses (disclaims strictly being a copyright license, instead wanting to serve as a clickwrap contract; attempts to describe requirements functionally, instead of legally, to avoid describing explicitly the legal regime underlying requirements; limited patent grant applies to “possessors” not just contributors) might not be interesting for software licenses, if they are interesting at all, nor why features generally rejected for open source software licenses shouldn’t also be rejected for open hardware (email notification to upstream licensors; a noncommercial-only option — thankfully deprecated late last year).

Richard Stallman’s 1999 note about free hardware seems more clear and compelling than the TAPR paper, but I wish I could read it again without knowing the author. Stallman wrote:

What this means is that anyone can legally draw the same circuit topology in a different-looking way, or write a different HDL definition which produces the same circuit. Thus, the strength of copyleft when applied to circuits is limited. However, copylefting HDL definitions and printed circuit layouts may do some good nonetheless.

In a thread from 2007 about yet another proposed open hardware license, three people who generally really know what they’re talking about each wondered why a hardware-specific license is needed: Brian Behlendorf, Chris DiBona, and Simon Phipps. The proposer withdrew and decided to use the MIT license (a popular non-copyleft license for software) for their project.

My bias, as with any project, would be to use a GPL-compatible license. But my bias may be inordinately strong, and I’m not starting a hardware project.

One could plausibly argue that there are still zero quality open hardware specific licenses, as the upstream notification requirement is arguably non-open, and the CERN OHL also contains an upstream notification requirement. Will history repeat?

Addendum: I just noticed the existence of an open hardware legal mailing list, probably a good venue to follow if you’re truly interested in these issues. The organizer is Bruce Perens, who is involved with TAPR and is convinced non-copyright mechanisms are absolutely necessary for open hardware. His attempt to bring rigor to the field and his decades of experience with free and open source software are to be much appreciated in any case.

End of the 2011 world

Saturday, December 31st, 2011


I took the above photo near the beginning of 2011. It has spent most of the year near the top (currently #2) of my photos hosted at Flickr ranked by their interestingness metric. Every other photo in the 200 they rank (sadly I don’t think anyone not logged in as me can see this list) has some combination of being on other people’s lists of favorites, comments, or large number of views. The above photo has none of that. Prior to this post it has only been viewed 33 times by other people, according to Flickr, and I don’t think that number has changed in some time. Their (not revealed) code must find something about the image itself interesting. Is their algorithm inaccurate? In any case the image is appropriate as the world of 2011 is ending, and in 2012 I absolutely will migrate my personal media hosting to something autonomous, as since last year someone (happens to be a friend and colleague) has taken on the mantle of building media sharing for the federated social web.

My employer’s office moved from San Francisco to Mountain View in April, contributing to a number of people leaving or transitioning out, which has been a bummer. I’ve been working exclusively from home since May. Still, there have been a number of good developments, which I won’t attempt to catalog here. My favorites include agreement with the Free Software Foundation regarding use of CC0 for public domain software, small improvements in the CC legal user interface, the return and great work of a previous colleague, retirement of two substandard licenses, research, and a global summit/launch of a process toward version 4.0 of the CC licenses, which I hope over the next year prove at least a little bit visionary, long-standing, and have some consideration for how they can make the world a better place.

Speaking of which, I’ve spent more time thinking about social science-y stuff in 2011 than I have in at least several years. I’ll probably have plenty to say regarding this on a range of topics next year, but for now I’ll state one narrow “professionally-related” conclusion: free/libre/open software/culture/etc advocates (me included) have done a wholly inadequate job of characterizing why our preferences matter, both to the general public and to specialists in every social science.

Apart from silly peeves, two moderate ideas unrelated to free/libre/open stuff that I first wrote about in 2011 and I expect I’ll continue to push for years to come: increasing the minimum age and education requirement for soldiers and tearing down highway 980.

I haven’t done much programming in several years, and not full time in about a decade. This has been making me feel like my brain is rotting, and contributes to my lack of prototyping various services that I want to exist. Though I’d been fiddling (that may be generous) with Scala for a couple years, I was never really super excited about tying myself to the JVM. I know and deeply respect lots of people who doing great things with Python, and I’ve occasionally used it for scripts over the past several years because of that, but it leaves me totally non-enthused. I’ve done enough programming in languages that are uglier but more or less the same, time for something new. For a couple months I’ve been learning and doing some prototyping using the Yesod web framework (apparently I had heard of Haskell in 2005 but I didn’t look at it closely until last year). I haven’t made as much progress as I’d like, mostly due to unrelated distractions. The biggest substantive hurdle has not been Haskell (and the concepts it stands for), but a lack of Yesod examples and documentation. This seems to be a common complaint. Yesod is rapidly moving to a 1.0 release, documentation is prioritized, and I expect to be really productive with it over the coming year. Thanks to the people who make Yesod and those who have been making Haskell for two decades.

This year I appreciated three music projects that I hadn’t paid much attention to before, much to my detriment: DNA, Moondog, and especially Harry Partch. I also listened a lot again to one of my favorite bands I discovered in college, Violence and the Sacred, which amazingly has released some of its catalog under the CC BY-SA license. Check them out!

Finally, in 2011 I had the pleasure of getting to know just a little bit some people working to make my neighborhood a better place, attending a conference with my sister, seeing one of my brothers start a new job and the other a new gallery, and with my wife of continuing to grow up (in that respect, the “better half” cliche definitely applies). Now for this world to end!

Namecheap’s savvy anti-SOPA marketing

Thursday, December 29th, 2011

I’m impressed by how much gratis publicity and advertising has gotten via its anti-SOPA marketing (including the Wikipedia article I linked to; it didn’t exist 3 days ago), and completely unimpressed by the failure of approximately every other company to take advantage of the opportunity, which strikes me as easy social media gold. Communications department heads ought roll.

* pro-SOPA marketing failures made Namecheap’s action straightforward relative to companies not directly competing with Go Daddy. However, there are lots of other domain name registrars, none of which has done anything with Namecheap’s marketing savvy. Another registrar, (which I’ve used and recommended for some time, and has supported Creative Commons and other good causes), like Namecheap is donating a portion of domain transfers to the Electronic Frontier Foundation, but doesn’t seem to be making a big deal of it, and their anti-SOPA blog post is rather tepid. Compare to Namecheap’s anti-SOPA blog post, which isn’t all that much stronger in terms of substance (contains genuflection to “intellectual property”), it is much more strongly worded and simply more effectively written.

One other company has a support-EFF-against-SOPA tie-in. That company, Zopim, provides website chat services, and doesn’t seem to compete with Go Daddy at all. I’m not interested, but never would have heard of them otherwise. Any company could do that.

(I see that sometime today two other small domain registrars have added support-EFF-against-SOPA deals. Good for Suspicious Networks and Centuric.)

What inspired to me write this post is that Namecheap isn’t only taking gratis publicity. They’re also running presumably paid ads as part of their anti-SOPA marketing campaign:

While trying to get the above ad to load again (noticed out of the corner of my eye but didn’t register until sometime after — I’m oddly trying to recover from ad blindness), I noticed another Namecheap ad, which if you’re already really tuned in, illustrates nicely the imperfect options available from a software freedom perspective for domain registration and other nearly commodity services.

Check out more anti-SOPA and pro-freedom actions.

*Isn’t the name “Go Daddy” ridiculous? That, coupled with a super cheesy website and company logo led me to disregard them long before they started shooting sexy elephants at gladiator events, or whatever got people upset before they supported SOPA.

Mozilla $300m/year for freedom

Thursday, December 22nd, 2011

More Mozilla ads by Henrik Moltke / CC BY

Congratulations to Mozilla on their $300m/year deal with Google, which will more than double current annual revenue. I’ve always thought people predicting doom for Mozilla if Google failed to renew were all wrong — others would be happy to pay for the default search position; probably less since Microsoft, Yahoo, and others make less than Google per ad view, but it’d still be a very substantial amount — and the link article hints that a Microsoft bid drove the price up.

There’s always a risk that Mozilla won’t spend the money well, but I’m pretty confident that they will. Firefox is excellent, and in 2011 has gotten more excellent, faster, and I think many of the other projects they’re doing are really important, and on the right track (insofar as I’m qualified to discern, which is not much), for example BrowserID. Even in small and hopelessly annoying things, like licensing, I think Mozilla is doing good. (Bias: Mozilla has donated to my employer.)

I’m no longer enthused about the possibility of huge resources for progress toward Wikimedia’s vision from advertising on Wikipedia. Since I was last on that bandwagon, it has become even less of a possibility in anything but the distant future: Wikimedia’s donation campaigns have gone very well, adequately funding its operating mission, and lack of advertising has become even more part of Wikimedia’s messaging; I’ve also become more concerned (not in particular to Wikimedia) about the institutional corruption risks previously blogged by Peter McCluskey and Timothy B. Lee. (Note these objections don’t apply to Mozilla: its significant revenue has always been advertising-based; very roughly its revenues are already 10x those of Wikimedia’s; and it is also building up an individual donor program, which I agree is often the healthiest revenue for a nonprofit.)

But I still very much think freedom needs massive, ongoing resource infusions, in the right institutional framework. I celebrate the tremendous benefits of the FLOSS community achieves without massive, concentrated, ongoing resource infusions, but I also admit that the web likely would be much worse, much less webby, and much less free without concentrated resources at Mozilla over the last several years.

Thank you Mozillians, and congratulations. I have very high expectations for your contributions over the next years to the web and society, in particular where more freedom and security are obviously needed such as mobile and software services. Such would be just a start. As computation permeates everything, and digital freedom becomes the most important political issue, the resources of many Mozillas are needed. More on that, soon.

Encyclopedia of Original Research

Thursday, December 15th, 2011

As I’m prone to say that some free/libre/open projects ought strive to not merely recapitulate existing production methods and products (so as to sometimes create something much better), I have to support and critique such strivings.

A proposal for the Encyclopedia of Original Research, besides a name that I find most excellent, seems like just such a project. The idea, if I understand correctly, is to leverage Open Access literature and using both machine- and wiki-techniques, create always-up-to-date reviews of the state of research in any field, broad or narrow. If wildly successful, such a mechanism could nudge the end-product of research from usually instantly stale, inaccessible (multiple ways), unread, untested, singular, and generally useless dead-tree-oriented outputs toward more accessible, exploitable, testable, queryable, consensus outputs. In other words, explode the category of “scientific publication”.

Another name for the project is “Beethoven’s open repository of research” — watch the video.

The project is running a crowdfunding campaign right now. They only have a few hours left and far from their goal, but I’m pretty sure the platform they’re using does not require projects to meet a threshold in order to obtain pledges, and it looks like a small amount would help continue to work and apply for other funding (eminently doable in my estimation; if I can help I will). I encourage kicking in some funds if you read this in the next couple hours, and I’ll update this post with other ways to help in the future if you’re reading later, as in all probability you are.

EoOR is considerably more radical than (and probably complementary to and/or ought consume) AcaWiki, a project I’ve written about previously with the more limited aim to create human-readable summaries of academic papers and reviews. It also looks like, if realized, a platform that projects with more specific aims, like OpenCures, could leverage.

Somehow EoOR escaped my attention (or more likely, my memory) until now. It seems the proposal was developed as part of a class on getting your Creative Commons project funded, which I think I can claim credit for getting funded (Jonas Öberg was very convincing; the idea for and execution of the class are his).

A Toolkit for Anti-SOPA Activism: #13 (or #0?)

Monday, December 12th, 2011

The Electronic Frontier Foundation has an excellent checklist of 12 things you can do to fight the U.S. Congress’ attack on the Internet. Most of them are tiresome rearguard actions against this particular legislation (though most can have secondary long-term effects of educating policymakers and the public about the harm of attacking the Internet). All this is necessary, please take action now.

Action #12 is long-term: contribute financially to the EFF so they can continue “leading the fight to defend civil liberties online, so that future generations will enjoy an Internet free of censorship.” Indeed, please do this too. I’ve recommended becoming an EFF member in the past, and will continue to do so. Actually I’m even more enthusiastic about donating to the EFF in 2011 than I was in 2005. In addition to playing an absolutely critical role in fighting SOPA, PIPA, and their ilk, the EFF’s small technical staff is working on some of the most important technical challenges to keeping the Internet open and secure. They are awesome!

There’s one more item that needs to be in every responsible digital freedom activist’s toolkit: the digital commons, meaning free and open source software and their analogues in culture, knowledge, and beyond. Using and consuming free software and culture is crucial to maintaining a free society. There are many reasons, some of which I mentioned recently at OWF, and with a bit more focus in a FSCONS 2008 presentation (slideshare, .pdf, .odp), but here’s one: imagine a world in which most software and culture are free as in freedom. Software, culture, and innovation would be abundant, there would be plenty of money in it (just not based on threat of censorship), and there would be no constituency for attacking the Internet. (Well, apart from dictatorships and militarized law enforcement of supposed democracies; that’s a fight intertwined with SOPA, but those aren’t the primary constituencies for the bill.) Now, world dominationliberation by free software and culture isn’t feasible now. But every little bit helps reduce the constituency that wishes to attack the Internet to possibly protect their censorship-based revenue streams, and to increase the constituency whose desire to protect the Internet is perfectly aligned with their business interests and personal expression.

Am I crazy? Seriously, I’d like to make the case for the commons as crucial to the future of free society more compellingly. Or, if I’m wrong, stop making it. Feedback wanted.

Relatedly, the English Wikipedia community is considering a blackout to protest SOPA. Here’s the comment I left at the request for comment:

Support doing something powerful. I blackout would be that. I do have some reticence though. Making the knowledge in English Wikipedia and maybe other sites inaccessible feels a bit like protestors who destroy their own neighborhood. Sometimes necessary to gain attention and perhaps justice in the long run, but always painful and with collateral victims. Sure, visitors to Wikipedia sites can come back later or find a mirror, but just as surely, the neighborhood will recover. Maybe. Admittedly the analogy is far from perfect, but I wish there were something the Wikimedia movement could do that would have power analogous to a mass physical action, but avoid costs analogous to the same. Long term, I think fulfilling the Wikimedia vision is exactly that. In the short term, maybe a total blackout is necessary, though if there’s a a way to equally powerfully present to viewers what SOPA means, then let them access the knowledge, I’d prefer that. UI challenge? Surely some A:B testing is in order for this important action. I’d hope that at least some messages tested convey not only the threat SOPA poses to Wikimedia, but the long-term threat the Wikimedia movement poses to censorship.