The Quality of Code, Law and Journalism

In the IT newspaper Computer Sweden a Swedish IT/IP lawyer (Malin Forsman) is quoted as saying that proprietary software is of “better quality” than Free or Open Source software (my translation):

She recommends against Swedish software providers from going ‘open souce’. According to her using licensing costs is a much better method.
– You need a carrot to exert yourself properly. If the large source of income is dependent upon the quality of the code then I believe that you will try harder.

My first problem is with the journalism and the article itself. Like many other short newspaper articles it does not seem to have a point. What is the newsworthiness of this article? That an individual has an opinion? So what? We all have opinions but this does not make them newsworthy. Mind you if this had been my only complaint it would not have been worth blogging about.

My second problem is with journalistic integrity. By simply blogging the lawyer we arrive at the law firm where she works and her brief bio, where under Memberships we see that she is a member of: Board member of the IT group of the Stockholm Chamber of Commerce, Board Member of the Association for IT and Law, Member of the Swedish Copyright Association and Member of the International Technology Law Association. Her main legal experience outside law firms was working for Microsoft Corporation. Shouldn’t this maybe have been indicated in the article? If the journalist is presenting an opinion as news then shouldn’t some sort of critical analysis be added? I know that journalists are supposed to be objective but this article is hardly reporting the news as it is.

The next problem is with the lawyer herself. I have no doubt that she is a qualified lawyer and an expert in the IT/IP field but what is wrong with her statements? Unless of course this is simply a case of journalistic misquote she is a legal expert speaking of the quality of code. She does not attempt to define quality even if such a definition was at all possible. By her logic an Open Source project that makes it’s code proprietary immediately improves its code and a proprietary software project that releases its code under an Open Source license immediately deteriorates the quality of its code. Obviously these are ridiculous statements. But when the IT/IP legal expert says them we are supposed to nod our heads in agreement.

So who would be the right person to make such a statement? Well that person would need to have a vast experience of code not law. This imaginary person would need to have a vast experience of both open and proprietary projects and be able to define the concept of quality in a way that will enable these projects to be measurable and comparable. In addition to this the person would need to be free from suspicions of bias. I doubt whether such a super person exists.

But what may be said about quality? Here are two quotes:

Peter Drucker: (Innovation and entrepreneurship, 1985) “Quality in a product or service is not what the supplier puts in. It is what the customer gets out and is willing to pay for. “ISO 9000: “Degree to which a set of inherent characteristic fulfills requirements.”

Now lets complicate the issue even more:

While both these definitions are relatively common neither takes into full account the nature of software quality. The problem arises from the fact that software is a mix of product and service. The actual code is not what customers buy – they buy a function. Who cares what the software of a word processor looks like? It’s function is what the customer believes he/she has bought. If this is true then the customer has also bought an expectation of support in the case of software failure.

This was just meant as an illustration of the complexity of software quality and why neither a journalist nor a lawyer can deal with such a question in the space of a 350 word article. What they are really doing is pure advertising in the form of journalism. Advertising a personal, political and business stance on software while puffing up their own egos.

Gender & Technology

Most of us (should) know that the net is not a particularly nice place. It is a neutral tool that allows all users to go out there and be themselves. Unfortunately the technology also offers people pseudo-anonymity or the illusion of real anonymity. I say unfortunately because this really brings the weirdos out of the woodwork. One of the most casual forms is the misogynist – but racism may be more common.

In an article on Women on the Web, Caitlin Fitzsimmons writes about the way in which men use technology to spread fear against women and approaches ways in which to deal with the issue. Many tend to think that the best approach is to ignore those who behave badly. This approach can be justified in different ways:

1. The simplest reason many ignore the problem is by claiming to be too tired/busy to react. This is usually connected to arguments that there are simply too many things to react to. So in general I agree with this argument except for the problem that too many people use this as an excuse all the time and react to nothing. If you cannot fight against everything then at least pick one injustice and fight against that!

2. Social shunning as punishment. In real life when someone behaves badly we often do not tell them or make a big fuss. Often it is enough to ignore what has happened, in particular if we ignore it visibly. We can, for example, create an embarrassing silence. This is the social equivalent of banishment and the socially aware individual recognizes that boundaries have been crossed and will adjust his/her behavior in the future. The problem with attempting this online is that the offender must feel the need to belong to the group for this to work. Also embarrassing silences only work when the whole social group falls unnaturally silent. This does not work online.

3. The third approach is the concept of the marketplace of ideas. This basically means that it is actually good for the weirdo’s to get out in the open and test their ideas since this will only encourage the opposition to develop better arguments and convince the weirdo’s that they are wrong. In an offline world this may work in theory in an open debate but it is hardly likely to work in practice.  In an online environment this approach is misguided. It also gives the weirdo’s way too much leeway and opportunity to cause pain to others.

Fitzsimmons writes:

The question is then how to tackle the problem. The panellists agreed that while there was no point in engaging directly with hateful comments, ignoring them was not really a viable option. Feministing.com’s Valenti said online misogyny was different to offline abuse in two key respects. “Unlike someone coming up to you on the street, it can be really hard to assess what kind of danger you’re in,” she added. “You don’t know if it’s a 15 year-old in Idaho spouting off or a really scary guy who really is likely to come around and rape you.”

The online/offline worlds are different and attempting to apply theoretical approaches to handling uncomfortable/threatening/harmful situations in the online world may only cause more harm. No I do not have a solution but I really like the way in which blogs like Feministing are using  technology to reach new readers – or actually viewers since Feministing uses YouTube videos (check out their channel here).

Economist Against DRM

Not bad. The Economist is against DRM making bold statements in a recent article:

Belatedly, music executives have come to realise that DRM simply doesnâ??t work. It is supposed to stop unauthorised copying, but no copy-protection system has yet been devised that cannot be easily defeated. All it does is make life difficult for paying customers, while having little or no effect on clandestine copying plants that churn out pirate copies.

and

While most of todayâ??s DRM schemes that come embedded on CDs and DVDs are likely to disappear over the next year or two, the need to protect copyrighted music and video will remain. Fortunately, there are better ways of doing this than treating customers as if they were criminals.

Nice to see that serious media has begun to realise that rhetoric alone is not enough to legitimize DRM. Articles such as this show that media is beginning to practice journalism and report not only what is written in corporate press releases but are looking at what is happening all around them.

(via Boing Boing)

Academic Blogs in Sweden

Sakj is studying Swedish academic blogs and has but up a list of Swedish academic blogs. The list contains 29 blogs (yes – mine is included) but what surprises me is that there are only 29. So I am writing this post in an effort to find more Swedish academic blogs. If you know that your blog should be on this list then add it to the comments…

Oh, and several of them do write in English.

The List

Röda Nejlikan: PhD student (science and technology studies), Research Policy Institute, Lund University.

Models for Life in Virtual Game Worlds: PhD student (game design), Gotland University.

Doktorandbloggen: PhD student (physical chemistry), Uppsala University.

Unknown Alternatives: PhD (informatics), Umeå University.

Transforming Grounds: Professor, the School of Informatics, Indiana University & Umeå University.

Markmedia: Lecturer JMK (The Department of Journalism, Media and Communication), Stockholm University.

Soul Sphincter: PhD student (english literature and IT), Umeå University.

Nätkulturer: PhD student (interactive media and learning), Umeå University.

Andart: PhD (computer science).

Projectories: PhD Student (technology and social change (Tema-T)), Linköping University.

Mothugg: PhD Student (political science), Göteborg University.

Loci.se: PhD Student (history education), Ã?rebro University.

Forskarbloggen: researchers from the Swedish University of Agricultural Sciences.

Stochastically: Professor, Royal Institute of Technology?

Med fingrarna i ekorrhjulet: (anonymous) someone in nano science.

Jenny W: PhD Student (law), Uppsala University.

Infotology: PhD in Cognitive Science, & Associate Professor, Human Ecology Division, Lund University.

Berghs Betraktelser: Research fellow, Ratio and Department of Economics, Lund University.

Salto Sobrius: PhD Archeology.

Klimatbloggen: PhD student (oceanography), Göteborg University.

Mia++: PhD student (english) Uppsala University and English Studies at Blekinge Institute of Technology in Karlskrona.

Kommenterat: PhD student, (informatics).

Perfekta Tomrummet: Associate Professor, Research Policy Institute, Lund University.

Emerging Communications: PhD student (english linguistics), Umeå University.

Net-life: PhD student (informatics) Umeå University.

the sum of my parts: PhD student (english linguistics), Umeå University.

Frepa.blog: Assistant Professor, dept. of Interactive Media and Learning (IML) at Umeå University.

Vetenskapsnytt: PhD student (computer science), Royal Institute of Technology.

On my rss reader I had three blogs that were not on Sakj’s list:

Marie Eneman: PhD Student (informatics), Göteborg University.

Patrik’s Sprawl: PhD Humlab & UmeÃ¥ University.

Tankeorganisation: PhD Student (physics), Uppsala University.

Strategic Media Relations

â??beware of Greeks bearing giftsâ??: The phrase comes from Virgil’s poem of the Trojan war (The Aeneid) and represents an interpretation to the phrase spoken by Laocoon attempting to warn the Trojans not to bring the wooden horse into the city, â??Whatever it is, I fear Greeks even when they bring gifts.â?? (Quidquid id est, timeo Danaos et dona ferentes). Naturally the Trojans did not listen and they were massacred. More on the story at wikipedia.

So when I received an email recommending a privacy story my paranoia reminded me of Loacoon. The mail began: â??Thought you might be interested in reading and possibly linking to the following story published in the Star-Telegramâ?? â?? the story was on the use of biometrics at Disney Theme parks, written by two students. Interesting but definitely old news. Even I wrote about it ages ago (July 2005)

I have never heard of the Star-Telegram nor of the sender of the email. So I began to dig. The first clue came from the email address @trylonsmr.com this mail comes from an account director at a â??Strategic Media Relationsâ?? company.

Why would someone I do not know, working at a PR firm want to draw my attention to a mildly interesting news story? It was not even a news story really more an information piece. So I checked my logs.

It seems like the PR firm searches for blogs on technorati and then emails them with â??newsâ?? stories. The idea would most probably be to create increased interest in their clients. This is confirmed by the email which includes a paragraph about a cooperation between four schools of journalism.

My problem is that I would probably have linked to the story and I have no real problem linking to the journalism project. But the use of the PR firm sending friendly emails as if they were concerned about privacy issues (which I am) just makes the whole thing â?? sad.

I will not post their story since it is not the story they are interested in â?? they are marketers and spammers. Please correct me if I am wrong.

I realise that this post has been thin on the details but that is because I do not inadvertently want to do what the email attempted to manipulate me into doing.

Blog for Credits

Rainy Saturday mornings are made for being lazy. But unfortunately I am wasting mine by catching up on work. Since the office has moved location at the same time that I am completing my thesis and at the beginning of term real day-to-day work seems to have been pushed aside. But it will not wait. New students are approaching fast!

My main teaching this term will be in two main areas
(1)    A distance-learning course on the theory and philosophy of Free Software.
(2)    A technology ethics course.

Neither of these courses are new but I am re-vamping the technology ethics course in a big way. The main problem is helping students understand that the technology they take for granted also carries with it problems. Admitting to these problems is not the same as the Luddite impulse to abolish technology but it is the first step at improvement. We need to understand what the problem is if we are to be able to address it.

Previous attempts have been a varying degree of success. Even if the students pass the course I still have a sneaking feeling that some of them just donâ??t get â??itâ??. So this term I am trying something new. The students are going to blog!

Apart from the traditional course material, lectures and seminars the students will be required to set up individual blogs where they will be required to write posts relevant to the different themes of the course. Therefore when the course discusses areas such as privacy or intellectual property the students will be required to post their thoughts and/or other material on the subject.

The course starts with an introduction to the technology and social impact of blogs. Then they will have to go out and start their own (new) blogs. We will also be discussing the importance of visibility, ways in which traffic can be increased and the purpose of blogs either as citizen journalism or entertainment.

This will be followed by a section on basic ethics before the course really begins with applying ethics on questions of technology. The course will end as it usually does with an essay.

Hopefully blogging will enable the students to explore the questions we are looking at on their own terms â?? forcing them to evolve from passive consumers of information to active producers. The students will be graded on their essays but also on their blogs (have not decided upon the criteria for this yet).

In Swedish when things go very wrong we say that it all became pancake â?? so right now I hope that the whole thing does not go pancake.

Will blog for cash (and even for free)

Actually I am sceptical to the idea of making money from blogging. In a previous post on the Blogburst I reported about the downsides of commercial feeds (they eat your broadband, usually you dont get more readers, and payment is virtually nil). Obviously there are the exceptions to the rule. In the same way as Madonna makes money from selling records is an exception from the thousands (hundreds of thousands?) who never will.

Dont get me wrong – I am not against money per se. I just dont believe that I will make money directly from my blog. Despite this, I found this news interesting.

Scoopt, the world’s first commercial citizen journalism photography agency, has just launched ScooptWords to help bloggers sell their content to newspapers and magazines. Within the Scoopt interface, you can easily add a Creative Commons Attribution-NonCommercial license to your blog right alongside a Scoopt commercial badge. Use the CC license to tell people how your work can be used non-commercially; use the ScooptWords badge to let editors know that your writing can be purchased for commercial use. There’s so much great blog content being created every day — it’ll be very exciting to see how it helps change the way newspapers and magazines are created.

(via Creative Commons)

The attempts to create commercial forms of citizen journalism are fascinating to watch. Again we see the new social uses of media threatening the established business models. Blogs will not kill print media but they will force print media news to adapt to a new reality.  As usual in situations such as these there will be commercial winners and losers.

Bloggers & Law

While in the USA the Sixth District Court of Appeals on Friday defended (.pdf, via Wired) blogger rights to protect their sources. The case concerned Apple who claimed that the bloggers were not acting as journalists when they posted internal documents on future Apple products online. The court writes that the law is “…intended to protect the gathering and dissemination of news…” and therefore it is not necessary to attempt to define the border between journalists and bloggers.

A Swedish case in 2001 (“Ramsbro” B 293-00) arrived at a similar conclusion (in Swedish). Here (pdf) is an unofficial translation of judgement by Bertil Wennergren, former justice of the Swedish Supreme Administrative Court (via Swedish Helsinki Committee for Human Rights). In this case it was an “ordinary” web page and not a blog but the conclusion was that the activity of informing the public was what defined journalism and not whether or not this activity was conducted by accredited journalists or newspapers.

This is naturally an important step on the way to defining the legal position of bloggers but it remains a small step on a long road…