Cyberlaw

Law is a Luddite Ass

In Oliver Twist, after being told that the law supposes that a wife acts under the husbands direction Mr Bumble, states:

If the law supposes that,â?? said Mr. Bumble,â?¦ â??the law is a assâ??a idiot. If thatâ??s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experienceâ??by experience.â??

I don’t think thats it’s necessary for the law (and its representatives) actually need experience personally that which they are passing judgement upon – but a little experience may be a good thing.

Judge Peter Openshaw is trying a case where alleged Islamic radicals have used a website to post “violent Islamist material” unfortunately Judge Openshaw has had to interrupt the questioning of the witnesses to be taught what websites are. Not good, he should have done his homework in advance.

“The trouble is I don’t understand the language. I don’t really understand what a Web site is,” he told a London court during the trial of three men charged under anti-terrorism laws.

Prosecutor Mark Ellison briefly set aside his questioning to explain the terms “Web site” and “forum.” An exchange followed in which the 59-year-old judge acknowledged: “I haven’t quite grasped the concepts.” (yahoo)

Slightly scary…

Posted on by mklang

Libraries and Copyright

Copyright has a tendency to make library work difficult. This is a growing trend and many of the larger libraries in the world are struggling to come to terms with copyright issues.

Yesterday the EU’s High Level Expert Group on Digital Libraries – which includes, inter alia, stakeholders from the British Library, the Deutsche Nationalbibliothek, the Federation of European Publishers and Google – presented an advisory report on copyright issues to the European Commission.

The group also discussed how to ensure more open access to scientific research and how to improve public-private cooperation. The work of the High Level Group is part of the European Commission’s efforts to make Europe’s rich cultural and scientific heritage available online. For this purpose, the group advises the Commission on issues regarding digitisation, online accessibility and digital preservation of cultural material.

Read their Report on Digital Preservation, Orphan Works and Out-of-Print Works, Selected Implementation Issues available here and the annex Model agreement for a licence on digitisation of out of print works available here.

(EU Press Release)

Posted on by mklang

iCommons Summit

The third annual iCommons summit will be held in Dubrovnik, Croatia (15-17 June) and this year I have the good fortune to be able to attend.

The event includes people like Creative Commons CEO, Larry Lessig, CC Chairman and Digital Entrepreneur, Joi Ito, Wikipedia Founder, Jimmy Wales and CTO of Linden Labs, Cory Ondrejka. We have also add some new voices to the debate this year including Indiaâ??s Lawrence Liang who has become renowned for his considered commentary on the positive impact of piracy in developing countries, Jonathan Zittrain discussing themes from his new book â??The Future of the Internet and How to Stop Itâ??, Benjamin Mako Hill from MIT who will talk about competing visions of â??free cultureâ?? from the free software perspective, and Becky Hogge from the Open Rights Group, who will talk about successful campaigns to rid the world of restrictive IP laws.

I am really looking forward to it and to meeting all the other commoners. Naturally the event will be blogged 🙂

Posted on by mklang

Stealing Wifi

A man in the UK has been fined £500 and sentenced to 12 monthsâ?? conditional discharge for illegally using someone elseâ??s open wifi (an offence under the Computer Misuse Act see more on note below*). These (one and two) BBC stories gives more information on this but it also includes lots of interesting pre-suppositions about the dangers of open wireless Internet access points.

The main arguments in the BBC stories are that the use of someone elseâ??s wifi is mainly to enter into illegal porn sites, launch hack attacks, to steal information or worse.

Is this really what people try to do on other peoples networks? My experience is that most unauthorized wifi use is travelers checking email, or neighbors using each otherâ??s nets out of sheer incompetence. Naturally there are always going to be nasty people attempting to abuse openness but how bad can it be?

Phil Cracknell has called for an awareness campaign to inform of the dangers of openness â?? â??The perception in the past has been that borrowing a bit of bandwidth is cheeky but not really criminal behaviourâ??. But then again Phil Cracknell is chief technology officer of security firm NetSurity and may be a bit interested in increasing our perception of insecurity.

Most of the people I come into contact with (ok, so I hang with the wrong crowd) donâ??t believe that borrowing bandwidth is cheeky â?? itâ??s a simple act that does not harm anyone.

Using anything for an illegal activity is however illegal and should be punished.

—

* Added 23 April

Stealing wifi is actually an offence under the Communications Act of 2003. To be an offence under the Computer Misuse Act there has to be more than simple wifi use. Basically the Computer Misuse Act requires an unauthorised entry into the computer system. This is similar to Swedish law where “only” using someone’s wifi is not an offence while entering into someone’s system without authorisation is an offence (DatorintrÃ¥ng). This difference is quite subtle and should be investigated further since it could be argued that it is not possible to use wifi without unlawful entry.

Posted on by mklang

Stallman in Göteborg

This is really cool. Richard Stallman will be giving a lecture in Göteborg in May.

The Free Software Foundation Europe and Göteborg University are pleased to invite you to a lecture with Dr. Richard Stallman:

Free Software and Beyond: Human Rights in the Use of Software and Other Published Works

Dr. Richard Stallman will speak about the goals and philosophy of the Free Software Movement: defending essential freedoms for the users of software. In addition, he will address how the ideas of free software do or don’t extend to other kinds of published works. He will also explain what the Pirate Party must change in its program to avoid unintended negative consequences in the software field.

Dr. Stallman is the founder of the GNU project and president of the Free Software Foundation. He has received an honorary doctorate from the Royal Institute of Technology, the University of Glasgow, Free University of Brussels and Universidad Nacional de Salta. In 1990, he was the receiver of a Macarthur foundation fellowship and has been elected member of the US National Academy of Engineering and the American Academy of Arts and Sciences.

The lecture will take place at:

University Aula
Göteborg University
Vasaparken
Göteborg, Sweden

May 16th
From 5pm to 8pm

While the lecture is a public event, and we invite you to forward this invitation to whomever you feel might be interested, we kindly request that in order to participate, you register via http://www.rms2007.se/registrering

Posted on by mklang

HCC8: Social dimensions of ICT policy

The HCC8 will be held in Pretoria, South Africa between 25-27 September 2008. This is a very good conference and I hope to see you all there. This is a really early warning and the website www.hcc8.org has not appeared yet. But here are the important information and dates.

Types of submissions
We welcome contributions such as:
â?¢ Traditional research papers (5000 â?? 8000 words ),
â?¢ Work in progress paper (2000 â?? 3000 words) reporting on ongoing research;
â?¢ Panels (3-5 members).

Important dates
Paper submission deadline: 31 October 2007
Reviewer comments: 15 March 2008
Final camera ready copy due: 30 May 2008

Posted on by mklang

Bad Attitude

The blog Bad Vista puts a nice perspective on the difference in attitude between free and proprietary software:

As the GPL preamble says:

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software–to make sure the software is free for all its users.

In contrast, a typical Microsoft Vista EULA says:

The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.

See the difference in attitude?

Posted on by mklang

The Third Draft

The third draft of the GPLv3 has been released. The draft is a result of feedback from various sources (general public, official discussion committees, and two international conferences held in India and Japan). The draft incorporates significant changes since the previous draft (July 2006). This draft is planned to be the penultimate draft prior to the formal release of the official GPLv3.

Changes in this draft include:

* First-time violators can have their license automatically restored if they remedy the problem within thirty days.
* License compatibility terms have been simplified, with the goal of making them easier to understand and administer.
* Manufacturers who include the software in consumer products must also provide installation information for the software along with the source. This change provides more narrow focus for requirements that were proposed in previous drafts.
* New patent requirements have been added to prevent distributors from colluding with patent holders to provide discriminatory protection from patents.

    The draft will be open for comments and discussion for sixty days. Following this the FSF will release a “last call” draft, followed by another thirty days for discussion before the FSF’s board of directors approves the final text of GPL version 3.

    Richard Stallman, president of the FSF and principal author of the GNU GPL, said, “The GPL was designed to ensure that all users of a program receive the four essential freedoms which define free software. These freedoms allow you to run the program as you see fit, study and adapt it for your own purposes, redistribute copies to help your neighbor, and release your improvements to the public. The recent patent agreement between Microsoft and Novell aims to undermine these freedoms. In this draft we have worked hard to prevent such deals from making a mockery of free software.”

    Posted on by mklang

    A European Spine?

    “The British Government has issued a response to a recent petition calling for ‘the Prime Minister to make software patents clearly unenforcible’. The answer is reassuring but perhaps doesn’t go far enough, and gives no specific promises to bring into line a patent office that grants software patents (according to the petition) ‘against the letter and the spirit of the law’. The Gowers Review that it references gives detailed insight into the current British position on this debate, most interestingly recommending a policy of ‘not extending patent rights beyond their present limits within the areas of software, business methods and genes.'” (via Slashdot)

    OMG! Does this mean that there are European countries, part of the EU which actually may have a spine? That they are prepared not to toe the EU competition of who can sellout their values the fastest in order to please the US?

    Originally I thought that European Unity was a good idea since it would enable Europeans to take a stand against the cultural and economic superiority of the States – but we haven’t seen much of that yet…

    Posted on by mklang

    Virtual Property

    The worst thing about trying to catch up on my blog reading and writing is that some of the stuff becomes dated – but this is still relevant from Technolama.

    According to Slashdot, eBay has caved-in to increasing pressure from the games industry and has de-listed all in-game items from its database. However, I’ve made a search and you still can find some items. If you want to buy gold, rare items, swords of power and exotic pets, you will have to go to other websites. In many instances, you may have to go to officially sanctioned websites, such as Sony’s Station Exchange, in order to get your goodies. Why? Because this could be another profitable source of income for MMORPG providers.

    The economics of gaming is a fascinating subject which has just begun to be explored. Here are some interesting starting points:

    Lastowka, F. G. & Hunter, D. The Laws of Virtual Worlds

    Taylor, T. L.  Whose Game is this Anyway?

    Klang, M. Avatar: From Deity to Corporate Property

    Posted on by mklang