Code v2 out now

When Professor Lessig published his book “The Code and Other Laws of Cyberspace” in 1999 the book quickly became both a bestseller and a highly influential component in the discussion on the regulation of technology.

After the publication Professor Lessig set up a wiki about the book. The idea was to allow anyone who was interested to help to develop version 2 of The Code. That version is still accessible here. Lessig took the Wiki text December last year, and then added his own edits. Code v2 is the result. Now the work of compiling the new version of The Code has been completed and it is available for download here. The new text is also available in a Wiki.

License Validity – again

TechnoLlama wrote about a Spanish Creative Commons case:

A Spanish court in Pontevedra has ruled in favour of the Sociedad General de Autores y Editores (SGAE) against a café named Direccion000. SGAE initiated action against the cafe to claim royalties for de public performance of music in the locale, while the owners claimed that they did not have to pay because they were only using â??free musicâ?? under Creative Commons licences.

The SGAE could show that the cafe was not entirely truthful in their claims. The music they were playing included that of members of the SGAE.

What is more interesting is that the court apparently commented on the CC licenses in the decision â??â?¦it is worth to point out that the document presented by the defendants-appellants as a licence for free use of music does not constitute anything other than a mere informative leaflet about its own content, lacking any form of signature, and therefore bereft of legal value whatsoeverâ??.

OK – let me come clean from the beginning: I am not a Spanish lawyer. But I find it incredibly hard to believe that the Spanish legal position on licenses & contracts is such that they need to be completed with the formality of the signature to be valid.

Additionally I would also like the court to explain what the value of a “informative leaflet” is under contract law.

OH NOT AGAIN… Where did these people go to law school?
The Creative Commons licensing system does not really require the status of a license to be able to survive. Under legal principles the fact that the creator has stated in an “informative leaflet” that she will not enforce her rights under copyright law is enough for me to follow the permissions and conditions stated in the Creative Commons documentation.

If I follow the documentation and the creator attempts to sue me for copyright violation (therefore  claiming that the Creative Commons is not a license) the courts would naturally understand my actions as being carried out with permission.

An analogy. Supposing a theme park which charges admission puts up a sign that admission on 1 January 2007 is free. If they (despite their previous idea) attempted to sue all visitors who did not pay admission on this date for trespassing the courts would hardly support the claims of the theme park.

Go and read:

Charles Fried Contract as Promise (We enforce contracts because they are promises â?? and we have a moral obligation to keep our promises).

Enlightenment or countering the dangers lurking in darkness

My friend and colleague Jonas Ã?berg of the Free Software Foundation Europe (FSFE) has just turned the pressure on. The Swedish section of the FSFE has recently launched an ad campaign encouraging people to join the Fellowship of the FSFE. The campaign included a bonus give away of a pin or a lanyard to all those who joined before 31 December.

Today Jonas wrote a blog post where he complained about poor visibility in traffic which places pedestrians and cyclists in danger when it is dark – which is almost always this time of year in Sweden. So in order to do something about this he has just announced that he will buy a reflex vest (out of his own pocket) for anyone in Sweden who joins the Fellowship before the winter solstice (22 December 2006).

All you have to do is join fsfe.org/join then email him your Fellowship user name and length (for the right vest size) and he will send you a reflex vest…

This is such a brilliant idea!

I want to be part of it too. So if you (only in Sweden since this is a Swedish campaign) order your Fellowship (not renew, but become a new member) before the 22 December and you email Jonas your length (for the vest) then I shall send you a copy of John Stuart Mill’s “On Liberty” (please let us know if you want it in Swedish or English).

The Mountain Lake

Yesterday I held a public lecture in a local suburb of Göteborg, a place called the Mountain Lake. In English the name is totally exotic and idyllic. In Swedish the place is called Bergsjön (literally the mountain lake). Bergsjön is not a place with idyllic connotations but rather one thinks of a problem suburb to the northeast of Göteborg.

Built in the 1960s. Bergsjön is actually a part of Göteborg which lies close to nature, with parks, and yes, a lake. The area is 8 km outside the city center with good public transportation. Almost all the street names have something to do with outer space (for example Galileo Street and Comet Road). At the same time the area is also described as a failing area marked by social segregation, high unemployment and a large (yet diverse) immigrant population.

Bergsjön came to be built during the so-called million program which is the common name for the large scale housing project intended to solve the housing crisis of the 1950s and 1960s in Sweden. The goal was to build one million apartments in Sweden during 1965-1974. It is worth remembering that the population of Sweden is today 9 million.

The architectural ideal of the day was strongly focused on a few key ideas such as commuting, intense central planning, functionalism and a return to nature (or rather a desire to leave the narrow confines of the small stone cities). These ideas, coupled with narrow economic margins, formed the way in which these satellite cities were designed, built and populated. Today one fourth of the population of Sweden lives in a house built in this program. Despite the ideals and economic constraints, in the end, only one fourth of the houses of the million project have more than six floors.

Bergsjön

Many of the complaints against the projects do not concern themselves with the standard of living or the building materials and techniques used. The problem has been seen as a social problem. By building large-scale projects also involves the movement of people. These people have little or no common background connected with the place. Therefore social cohesion becomes difficult from the start.

In addition to this these spaces have been populated with a high number of new immigrants in addition to people with social problems. Thus the areas have been marked with high unemployment. This leads to high social costs and low council taxes which creates a negative spiral.

Social cohesion is on the rise. The first â??officialâ?? notice of this development came from linguists who began to notice a common language being formed and developed in these areas. The language is marked with a high level of borrowed terms from many different parts of the world. Once this minor dialect became more popular it also brought with it a growing awareness of the cultural developments within these areas.

Despite this there remain serious issues connected to the buildings of the million program. Mikael Askergren suggests that they should not be seen as social living spaces but rather:

â??Why do people have such problems loving the concrete architecture of Sweden’s structuralist residential suburbs of the 1960s and 1970s? Most people seem to agree that it is impossible to live a decent life there. But it should be possible to learn to love the architecture of these suburbs as monumentalist artworks; as sculpture. The future of the suburbs of the 1960s and 1970s is not to be lived in, but (much like the castles, palaces, and other monumentalist artworks of ancient times) to be emptied, to be restored to their original splendour, and then to become the subject of tourism.â?? â??Concrete Tourismâ?? by Mikael Askergren, Plaza Magazine, 5-2002.

Whatever happens these areas constitute the real fringe of Swedish language and cultural development. Away from the mainstream they may be the place from where new culture may be introduced into the mainstream.

However, none of this will solve the social issues connected with the larges sites of the million program. Politicians have largely ignored the topic of social improvement since they naively believe that reducing unemployment through different schemes (carrots and/or sticks) will even fix problems of social seclusion and segregation.

Walking on the wild side

If I was in Singapore I would be facing a prison sentence for doing what I am doing now. (Explanation). The hotel has free wifi for its guests and the receptionist gave me the codes but I chose the wrong (?) wireless and the neighbors let me in.  Many swedes leave their wifi networks open and I must say that I have a hard time figuring why this should be wrong. Additionally I also have a hard time figuring out why people in cities who have open networks
should be annoyed that others surf on their infrastructure.

If you don’t want to let others surf the close the network. But unless you experience serious lag due to all you neighbors surfing via your net then why bother?

Actually allowing neighbors to surf your wifi may be in violation of the service agreement between you and your broadband provider. But lets not go there. Just let me mangle Blanche’s line in Tennessee Williams’ “A Streetcar Named Desire”: I must say I am grateful for the kindness of strangers.*

* Real line should be: “Whoever you are, I have always depended on the kindness of strangers.” but somehow this does not really apply to wifi…

Java under GPL

Sun will release key parts of Java under GPLv2 today! The initial release today will include the HotSpot runtime, javac compiler, JavaHelp, and Sun’s Java ME implementation. The rest of Java will be released under GPLv2 early next year.

The license that GPL Java will be released under includes a classpath exception, which allows linking against the Java class libraries without open sourcing your code, so the GPL licensing will not affect the ability of Java developers to produce closed source applications with Java.

In addition, Sun will offer dual licensing of Java, so there will also be a commercial port still available which is fully certified to be standards compliant.

“This is a milestone for the whole industry,” said Rich Green. “Not only are we making an influential and widely used software platform for the Web available under an open-source license, it also underscores Sun’s commitment to changing the whole industry model for how software is enhanced and developed.”

(via JavaLobby)

Snålsurfa

A seventeen year old in Singapore is facing trial for logging into his neighbors wireless network. In the worst case scenario the boy may receive a three year prison sentence. This would definitely be a harsh sentence for the act. Naturally this may be a serious case (not much information in the article here) but with the increase in â??user friendlinessâ?? many users are unaware which networks they are connecting to with their laptops and pda’s

In 2005 the Swedish Language Council, which is the official language cultivation body of Sweden, added the term â??snÃ¥lsurfaâ?? to the Swedish language. The word is a combination of â??snÃ¥lâ?? (cheap, miserly) and surfa (surf) â?? basically the act of surfing on someone else’s network.

And I have a confession to make â?? I am a repeat offender. I often check mail on other people’s networks while travelling in other cities. But maybe I won’t do it in Singapore…

(via Cyberlaw)

DoS from Grey to Black

Sometimes denial of service attacks have been called â??greyâ?? areas under UK law. This is no longer so since the UK has now enacted the Police and Justice Bill 2006. Honestly what a ridiculous name. Does this imply that other acts are not about justice?

The new act contains a provisions that make it an offense to impair the operation of any computer system. Other clauses prohibit preventing or hindering access to a program or data held on a computer, or impairing the operation of any program or data held on a computer.

The maximum penalty for such cybercrimes has also been increased from 5 years to 10 years.

This can be seen as a development of the previous Computer Misuse Act 1990 (CMA) which previously regulated this area but left a certain room for interpretation. But not much in my opinion. The question is now – how far does the new bill go in it’s attempts to prevent DoS attacks? Which legitimate or desirable activities will it prevent.

(via News.Com)

Populism Tomorrow

Tomorrow I shall be trying something new. My university has a popular science event where researchers present an interesting aspect of their research to the public in 15 minutes at a local bookstore.

So tomorrow I shall be presenting the Swedish file sharing situation. This will include (1) what file sharing is (2) why it annoys people (3) the police raid on The Pirate Bay this summer, and (4) recent court cases.

All in 15 minutes with no props!

So if you are not busy during your lunch hour why not drop by Wettergrens bookstore on Västra hamngatan in Göteborg at 12.30.

The title of the talk is â??File-sharing: the battle between pirates and policeâ?? â?? what can I say? I have a broad populist streak.

Enemies of the Internet

The Reporters Without Borders annual â??Enemies of the Internetâ?? report has been released online. The list includes 13 countries and explanations for their inclusion on the list.

The enemies of the Internet are: Belarus, Burma, China, Cuba, Egypt, Iran, North Korea, Saudi Arabia, Syria, Tunisia, Turkmenistan, Uzbekistan & Vietnam.

Taken off from last years list are: Libya, Maldives & Nepal.