Archive for August, 2008

Things I Didn’t Hear from the Democratic Convention

Breaking news - donate to GeekPAC! 3 days remain on our fund drive.

The Democratic National Convention is now over, and it’s time to take an account of what was (or wasn’t) said. Despite being regaled by some outstanding speeches by very powerful politicians, there were quite a few things left out of the mix. And let’s be serious - I wasn’t expecting to hear them, but it helps to recount what was left unsaid just for the record.

Here’s a small list:

  1. Big media and big entertainment’s stranglehold on IP laws and the resultant killing of innovation
  2. Exceedingly high bar to entry for poorer schools to provide access to information services: digital media, web, and software
  3. Destruction of the marketplace of ideas via abuse of the patent system
  4. Big telecom’s spiking of our privacy rights
  5. Economic impairment as a direct result of the nation’s IP laws and regulations
  6. Continuing growth of the digital divide, or as I like to say, the “Information Divide”

Each of the above wasn’t addressed for a specific reason, because each of the above has a very specific special interest group behind the status quo. For #1 and #4, the perpetrators are obvious. For #2, look no further than many of the software providors for our schools. And no, I’m not addressing any particular company, for there are many. For #3 and #5, think of all the high tech vendors who have a vested interest in the status quo, and they have learned their way around Washington, DC. For #6, well, we all have a hand in that one. In order to get past the Information Divide, we pretty much have to come to terms with its primary cause: the mauling of the marketplace of ideas at the hands of government.

And lastly, what I’m most disappointed not to hear is one iota of support behind the idea that information rights are now human rights. I explain the details of this more thoroughly in the GeekPAC position paper, but the gist is that data and information are vastly more important than our current laws would indicate. As such, our continued development as an technological powerhouse depends on their overhaul and drastic reform. With our dependence on digital data, digital resources, and digital transactions, it behooves us to recognize their importance and introduce a bit of sanity into our legal structures, such as:

  1. protect citizens from an overreaching government
  2. create a sustainable system of copyright law that recognizes the importance of the commons
  3. overhaul (or remove entirely) our current patent laws, as they apply to software technology
  4. a real plan to address the differences in technology access currently defined by socioeconomic status
  5. recognition of a wider array of fair use rights - such as the right to access whatever information we legally hold in our possession

And I’m not holding my breath that we’ll hear anything at the Republican Convention either. Now you should understand why I always say that we are people without a party. Those who support these issues must create politically viable groups and influence elections and legislation.

Oh, did I mention that GeekPAC is having a fundraiser RIGHT NOW?

Donate to GeekPAC and fight for your information rights!


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Fund Drive Update - Over 50% of the way there!

We’re entering the stretch run of our fundraiser, and we’ve crossed the 50% barrier! If you haven’t donated yet, now’s your chance:

Donate at fundable.com!

Coming soon: a donor’s page thanking those who have pledged.


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Wired: Copyright Owners Must Consider ‘Fair Use’ Before Sending Takedown Notice

Just saw this mentioned in Wired - a federal court judge in San Jose issued a ruling in the Lenz vs. Universal case, where Universal issued a DMCA takedown notice for content posted on Youtube, and the recipient of that notice is now suing Universal for damages:

In the nation’s first such ruling, a federal judge on Wednesday said copyright owners must consider ‘fair use’ of their works before sending takedown notices to online video-sharing sites.

The 10-page decision (.pdf) came a month after Universal Music told a San Jose, California federal judge that copyright owners need not consider the “fair use” doctrine before issuing takedown notices requiring online video-sharing sites to remove content.

Other than pointing out that the term “consider” presents a considerable amount of wiggle room, this seems to be a positive step in the right direction. In fact, part of Universal’s argument was that it was impossible to determine whether content met any fair use standard. It will be interesting to see if this precedent stands.

Read the full Wired article


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LWN.net Covers GeekPAC

This was an article published on LWN, written by Lisa Hoover. A very nice compendium of who we are and what we’re about:

Link to article.

Fundable.org page


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PublicKnowledge: Benefits of iPhone App Store tainted by 1984-like Control

- or -

Do We Really Like the Taste of Apple's Remote-Kill KoolAid?

Today’s Wall Street Journal has a story about Apple’s App Store for the iPhone. Clearly, having an easy way for mobile users to download apps is a good way to spur development and make money. According to Apple, over the past month the App Store has sold $30 million in iPhone and iPod touch apps. Of those sales, Apple should take in about $9 million, as it keeps about 30% of each app sold. While some application developers have complained about the revenue split, when one considers the costs associated with hosting the applications, cost of money changing hands, and general maintenance of the store, 30% is not unreasonable. What is increasingly unreasonable is the way Apple is controlling the App Store, both to the detriment of developers and consumers. read more

PublicKnowledge: Why the Cablevision Decision Matters

In my post from Monday, I laid out a very brief outline of some of the conclusions reached by the Second Circuit in its Cablevision decision on remote DVRs. Today, I want to take a step back and discuss why it was so important for the development of digital media and technology. Two theories espoused by the TV networks in the case were extraordinarily dangerous for copyright law. The first was that fleeting, transitory copies like buffer copies could make someone liable for copyright infringement. read more

Hacking the Election Birds-of-a-Feather

Tonight at 6pm at LinuxWorld, GeekPAC will host a Birds-of-a-feather on “Hacking the Election.”

If you’re at LinuxWorld, it’s in room 310 at 6pm. See you there!


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GeekPAC to Form Political Action Committee Around Technology Issues; Launches Fundraiser

PAC to support copyright reform, DMCA reform, net neutrality, and
other technology issues

GeekPAC (http://www.geek-pac.org/), a group of concerned citizens
formerly known as BytesFree.org, has relaunched under a new name to
reflect its new focus. GeekPAC will form a political action committee
with the goal of building grassroots political support for copyright
reform, DMCA reform, net neutrality, patent reform, and other
hot-button political issues. Additionally, GeekPAC has launched its
first fundraiser at Fundable.org (
https://www.fundable.com/groupactions/groupaction.2008-07-22.8448851451
) to cover the initial startup costs.

GeekPAC will be a grassroots, member-driven organization with an
emphasis on educating the public at large on how these issues affect
daily life. Said John Mark Walker, GeekPAC Founder, “Many of us in the
technology community have done a poor job of communicating to the
general public why they should care about these issues. With GeekPAC,
we hope to change that by driving thought leadership in this area and
building a critical mass of concerned citizens who will be able to get
the attention of their local politicians.”

GeekPAC’s first action under its new name will be a birds-of-a-feather
(BOF) session at LinuxWorld Conference and Expo
(http://www.linuxworldexpo.com/) under the topic “Hacking the
Election.” The session will take place at 6pm PDT on Wednesday, August
6 in room 301 at Moscone Center in San Francisco and will be open to
all LinuxWorld Expo attendees.

Another work in progress is a voter information project, designed to
gather data for every member of Congress pertaining to their voting
records on relevant bills. The voter information project can be found
at http://deki.geek-pac.org/Voter_Information_Project

**To contribute to GeekPAC see
http://www.fundable.com/groupactions/groupaction.2008-07-22.8448851451

(GeekPAC is not yet incorporated and donations are not tax deductible.)

**Visit http://www.geek-pac.org/


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Groklaw: The End of the Patry Copyright Blog

William Patry has shuttered his blog, The Patry Copyright Blog. The archives are gone too. He tells why in a final post. It's a tragedy, nothing less. No, no one at Google made him do it. He did it for a couple of reasons, both of which resonate with me, and I think they are important to highlight. I must warn you, it's a bit depressing. Here are the reasons:
1. The Inability or Refusal to Accept the Blog for What it is: A Personal Blog 2. The Current State of Copyright Law is too depressing
But it's in the details that the story is told. Read more at Groklaw