How to raise the stakes too far with copyright and patent law.

The Business Software Alliance (BSA), Motion Picture Association of America (MPAA), Recording Industry Association of America (RIAA), and their friends (undoubtedly including the big book publishers and their representative associations), have found a new way to push the argument of copy control too far.

Freedom to Tinker has the story and its well worth reading.

On a related note, Michael Crichton has a very interesting essay on the power of patent law. As more people see the unchecked power the multinational corporations have been able to acquire with copyright and patent law, I hope more people will inform their friends and become more interested in efforts to reform these systems, if not seriously consider the effects of abolishing them (in the US, neither are Constitutionally required, both are Constitutionally allowed).

Thanks to Dawn for the tip on the Crichton article.

Why FLOSS hackers use non-free codecs

This blog post asks an interesting question:

We in the Free and Open Source software community spend a great deal of time talking about free codecs and supporting those codecs, at least in words. So why on Planet Gnome do I see three different examples of people demoing cool new things with non-free codecs/tools?

I think it’s because FLOSS hackers are taught to value convenience and popularity more than software freedom. As a result, it’s acceptable to make “screencasts” which require Flash (which is currently unplayable with Free Software), movies encoded with non-free codecs, and audio shows distributed exclusively in the patent-encumbered MP3 format (which is only Free Software for some users).

There are perfectly viable Free Software alternatives—Ogg Theora movies and Ogg Vorbis audio files. Animated uncompressed GIFs can be made with Free Software and work perfectly fine to illustrate someone using a program; this approach also works across every platform in many programs (including every graphical web browser), not just those platforms that have a specific non-free player. I understand that Fluendo’s Cortado player is a Java-based player which allows people to merely point someone to a webpage and let them see an Ogg Theora+Vorbis movie. York Student TV uses this today as another means of seeing their broadcast (they also point to the feed itself so you can play it in your preferred player). Perhaps this will work on the Free Software Java runtime and give people a “no install” player they can use anywhere there’s a web browser that has Java. Short of that, VideoLan Client is Free Software (in some areas you might need to get a build without the MP3 software), and there is a Free Software decoder for Microsoft Internet Player.

In his discussion of the difference between the Free Software and Open Source movements Richard Stallman had something to say about switching to Free Software and switching back to non-Free Software:

Fear of Freedom

The main argument for the term “open source software” is that “free software” makes some people uneasy. That’s true: talking about freedom, about ethical issues, about responsibilities as well as convenience, is asking people to think about things they might rather ignore. This can trigger discomfort, and some people may reject the idea for that. It does not follow that society would be better off if we stop talking about these things.

Years ago, free software developers noticed this discomfort reaction, and some started exploring an approach for avoiding it. They figured that by keeping quiet about ethics and freedom, and talking only about the immediate practical benefits of certain free software, they might be able to “sell” the software more effectively to certain users, especially business. The term “open source” is offered as a way of doing more of this–a way to be “more acceptable to business.” The views and values of the Open Source movement stem from this decision.

This approach has proved effective, in its own terms. Today many people are switching to free software for purely practical reasons. That is good, as far as it goes, but that isn’t all we need to do! Attracting users to free software is not the whole job, just the first step.

Sooner or later these users will be invited to switch back to proprietary software for some practical advantage. Countless companies seek to offer such temptation, and why would users decline? Only if they have learned to value the freedom free software gives them, for its own sake. It is up to us to spread this idea–and in order to do that, we have to talk about freedom. A certain amount of the “keep quiet” approach to business can be useful for the community, but we must have plenty of freedom talk too.

At present, we have plenty of “keep quiet”, but not enough freedom talk. Most people involved with free software say little about freedom–usually because they seek to be “more acceptable to business.” Software distributors especially show this pattern. Some GNU/Linux operating system distributions add proprietary packages to the basic free system, and they invite users to consider this an advantage, rather than a step backwards from freedom.

That essay is worth reading in its entirety.

Why Microsoft Windows Vista users will leave Firefox

I read that in an upcoming version of Firefox, the increasingly popular free software web browser, there will be an “Exit Survey”. Ben Goodger, a Firefox developer, writes in his blog:

We’d like to know why people leave Firefox. A survey on uninstall would help us find ways to make the software better in future versions.

This is interesting because I believe that a significant number of users will have no reason to run Firefox in Microsoft Windows Vista because that version of Windows will run Microsoft Internet Explorer version 7. MSIE 7 will have tabbed browsing and increased support for web standards, two of the reasons most popularly given for running Firefox.

Neither of these reasons is why I recommend one run a free software web browser, such as Firefox.

I recommend users run it because it respects the user’s freedoms to share and modify the browser (hence the “free” in “free software”). But this is not a view shared by the Mozilla Foundation. The Mozilla Foundation is a supporter of the Open Source movement which eschews software freedom and promotes a development methodology that says businesses ought to license their programs under an “Open Source” license because then the program will be developed faster, with fewer bugs, and all at remarkably little additional cost to the business.

Unpaid labor is certainly attractive to many businesses, but something that ought not appeal much to users (neither on the order of treating a business like a charity, nor because most computer users aren’t running businesses). Also, this is a set of claims which is easily disproven. There are plenty of so-called “Open Source” programs with bugs, or programs which are developed quite slowly compared to their proprietary counterparts.

The Mozilla Foundation talks about browser choice. The claim is one I’ve laid out here before, but it basically goes like this. Users deserve a choice in what browsers to use so that no one organization can dictate how things work on the WWW.

This would be okay as far as it goes, but it doesn’t go very far and it isn’t really true. Mozilla (the project producing the software we know today) didn’t offer users a choice in browsers. One only needs two alternatives to be said to have a choice, and therefore we can say that Microsoft and Opera offered WWW users a choice. And there’s nothing about a “choice” that requires software freedom. Netscape Navigator, MSIE, and Opera (once the most popular web browsers) are all proprietary programs. So there’s your choice, pick your master. This isn’t surprising, the Open Source movement only complains about proprietary software in that it is less efficiently developed than the software development model they advocate; there’s nothing there about how people ought to treat one another, how to build a better society by eschewing a dog-eat-dog society, and why we ought to value freedom for its own sake.

So long as the Mozilla Foundation remains silent on software freedom, they are ignoring the best reason to use Firefox instead of a non-free browser, and in so doing giving users no reason to stay with free software. Users have to learn to value software freedom for its own sake to have a reason to continue to use free software instead of a proprietary alternative.

Freedom falls with celebration.

For those of you who don’t know:

  • MP3 is patent-encumbered. The algorithms used to make or play MP3s are patented and (in some countries, like the US) must be licensed before they can be used legally (glossing over some details here in the interest of brevity). The license structure is incompatible with free software.
  • Fluendo, a multimedia organization that has made free software multimedia programs for free software systems, recently purchased an MP3 license and distributes MP3 player (decoder) software.
  • There is a way of doing the same job MP3 does without the patent hassle, and which (according to all the blind tests I have read over the past few years) sounds at least as good as MP3 at comparable compression levels (but quite likely better than MP3 in higher quality settings), and has better tagging facilities than MP3. This codec is called Ogg Vorbis.
  • The fight to popularize Ogg Vorbis is right in line with the fight to popularize free software because Ogg Vorbis is an unencumbered codec.

Listen to http://x2a.org/pub/events/gplv3/moglen-comments.ogg (which is actually a Speex file, Speex being like Ogg Vorbis but aimed at compressing human speech very tightly) around 56 minutes 10 seconds into the recording to hear RMS‘ response to Fluendo’s recent purchase of an MP3 license. RMS mentioned this during the explanation of the “Liberty or Death” article in the first draft of GPLv3, the introduction of the most popular free software license the GNU General Public License version 3. You can download a better sounding copy of the same audio with a video track from the official Bittorrent or a direct download.

The need for this provision was underlined by a recent article talking about a GStreamer plugin which includes source code distributed under an X11 license, or so it says. But then when you read further you see, in fact, that that’s not the whole of the license; there’s a patent license involved also, and that, in fact, it’s not free software at all! And this was presented as a way of making things better for our community. So you believe that a non-free program can make things better for people, that it’s a step forward, as the author of the article I read did, then you might think what they did was great. But if your goal is to make sure—is to defend user’s freedom, to establish a community of freedom, to spread the idea that freedom is important, than you cannot accept the idea that such a thing is a positive step. It’s a surrender, not an amelioration. And so the “Liberty or Death” article of the GPL is just as important as it ever was.

Putting this in my own words: Now that I think about this more along the lines of who is affected by it and what this patent license purchase allows me to do, I see that Fluendo’s purchase of an MP3 license and their MP3 player software is not really a gift at all, it’s just another non-free codec to tempt us away from freedom.

Measured from the perspective of who is affected by Fluendo’s purchase of an MP3 patent license: the codec changes nothing for most everyone on the planet. For those who don’t live in software patent-encumbered countries, this is yet another free software MP3 encoder, something this audience has had access to for years now. For those who live in software patent-encumbered countries, the MIT X11 license is a ruse because that license does absolutely nothing to protect licensees from the adverse effects of software patents. The Fluendo MP3 software is non-free.

Measured from the perspective of what this lets me do: lose interest in fighting for a free codec that is also a better quality codec. Using non-free software would not be a win for freedom, that’s a win for those who want more people to give into non-free media.

Hubert Figuiere thanks Fluendo for the “gift”. But who is really getting something that they didn’t have before? Lots of people have non-free MP3 players including anyone who is comfortable violating patent law.

Another threat to freedom comes from the Mozilla Foundation in the form of a recommendation to run non-free software. Recently, the Mozilla Foundation is now recommending that MacOS 9 users switch from using Mozilla Suite 1.2.1 for MacOS 9 (the last build to run on that OS) to a proprietary web browser. And at least one Mozilla Foundation employee supports the recommendation. A portion of what RMS said—”So you believe that a non-free program can make things better for people […] It’s a surrender, not an amelioration.”—is applicable to this situation too, although he wasn’t speaking with regard to this situation.

Update: Fedora Core GNU/Linux will include Mono, an implementation of a portion of .net. For a long time, Redhat has not included Mono or any Mono apps. Redhat has not released any substantive report as to their apparent change of mind. Ubuntu GNU/Linux and Novell’s GNU/Linux distribution has included Mono and Mono-dependant apps for some time now. Is this a huge mistake, essentially a way for users to become liable for patent infringement lawsuits? The decision gets little substantive analysis from the supporters; just glowing words of support.

Update: Novell is trying the same strategy as Fluendo and undoubtedly there will be Novell promoters coming along shortly to tell us what a “gift” this new non-free MP3 player program “Banshee” is.

The US will have to wait.

I was browsing my public library in late October and I jotted down something I forgot to bring up here. I read this on page 23 of the October 28, 2005 Chicago Reader in a full-page ad:

There is not going to be some savior from the Democratic Party. This whole idea of putting our hopes and energies into “leaders” who tell us to seek common ground with fascists is provind every day to be a disaster, and actually serves to demobilize people.

You can read this text in a number of The World Can’t Wait’s PDF fliers (1, 2, 3).

A strong sentiment, but long-time readers of this blog know that I’ll wait to be convinced until election time when organizations like these endorse candidates. Will they join so many on the Left and frame the debate around the Democratic Party and Republican Party candidates (two ways to fight the war are offered, ending the war and occupation is left off the table), or will they stand behind an anti-war candidate, even if that candidate is unpopular and not often discussed in the mainstream media?

In short, will folks like these vote in line with the sentiment they express 3 years out of every 4 or will they cave into whatever the Democrats are offering? Will the Democrat offer a progressive platform, reject corporate funding, and earn their votes?

Not only is it not true, the question is useless.

John Nichols’ latest article applauds Al Franken and asks this question:

“Some might chuckle at Franken’s line: “Bush is lucky that he had a Republican Congress, or he almost certainly would have been impeached and imprisoned.” But does anyone seriously question, after all the revelations regarding the doctoring of intelligence and the deliberate deception of Congress and the American people by the president and his cronies, that an independent Congress would now be reviewing impeachment resolutions?”

I would because the Democrats are so good at going along to get along. A majority of them supported the invasion and occupation of Iraq (including three of their most visible members, Senators John Kerry, Hillary Clinton, and Barack Obama). This illegal and unethical invasion and occupation is what George W. Bush’s presidency will be known best for. Hillary Clinton dismissed universal health care at least twice (once in 1993, another time in 2004) as millions more go without health insurance, and up-and-coming member, Barak Obama, goes along and supports Bush’s position on the war[1] and confirms Gonzales and (correction, thanks to an anonymous poster—Obama voted against Gonzales’ confirmation) Rice. How about how the Republicans and Democrats working together to marginalize third-party and independent competition right off of the TV “debates” (really just rehearsed readings) through dirty tricks? Or how Democrats take corporate money for their campaigns, assuring that they don’t really listen to the public. There is plenty to not like about the Democrats.

Franken’s question is useless as framed. What would have happened if a Democrat-majority Congress were elected is simply not as important as what is happening now and what the Democrats could do to convince the country that they have a message worth hearing. They could drop their corporate funding and get their money from the people; then we’ll know they’re listening to us. They could work toward hearing political competitors and real TV debates so that the public gets to hear about issues the two corporate parties haven’t addressed adequately (or, in some cases, at all). They could stand for government-funded national health insurance. According to Dr. Steffie Woolhandler of Physicians for a National Health Care Plan, 2/3rds of Americans would back this, but this was back in 1992 when Americans were more financially flush.

It’s too bad that none of this will happen. It will take an organized effort by the people to challenge the government to require adequate coverage of things people stand for.

And as for Al Franken, I’m hardly surprised. He’s a Democratic Party stooge.

[1] Shortly before his DLC speech, Obama was quoted as saying

“On Iraq, on paper, there’s not as much difference, I think, between the Bush administration and a Kerry administration as there would have been a year ago.”

and,

“There’s not that much difference between my position and George Bush’s position at this stage. The difference, in my mind, is who’s in a position to execute.”.

As recently as late September 2005, Sen. Obama told an audience in Champaign, Illinois that he remains steady on his course to support Pres. Bush’s position on the war—Sen. Obama hoped that US troops “could begin to leave Iraq next year, [but] removing the troops now would result in a massive bloodbath for both countries.“. Check the link for a list of other charges against Sen. Obama including the lame reason given for voting against Gonzales.

Madam, what you are is clear…

One of the weak points of the argument against corporate media is the framing of media as being too homogenized—too few corporations running too much media. This was recently repeated by Ralph Nader in his latest essay (Counterpunch mirror):

The debate between progressives and corporatists over the state of the mass media goes like this-the former say fewer and fewer giant media conglomerates control more of the print and electronic outlets while the latter respond by saying there has never been more choices for listeners (radio), viewers (television) and readers (magazines, newsletters and newspapers combined).

Progressives add that half a dozen big companies, which control so many media, lead to a sameness of entertainment, news and advertisement overload. Corporatists counter by saying that there are more and more specialized media available for just about every taste in the audience.

What he’s saying is true as far as it goes, but it doesn’t go far enough to really get to the heart of the issue. One might read the entire essay and come away thinking that progressive argument on this can be shut down by putting more corporations in charge of various forms of media. So instead of half a dozen giant media conglomerates we would have 10 or 20 giant media conglomerates in charge.

After all, this argument is being framed like the old joke where the punch line is “Madam, what you are is clear, we are merely haggling over price.”.

As for C-SPAN, I’m not so rah-rah on C-SPAN either:

We, the most powerful, technologically-equipped nation on Earth are left with C-SPAN and the suggestion that we an always start our own blog.

C-SPAN is remarkably pro-corporate. Sure, their preferred mode of coverage is to point a camera and a mic at something and offer no commentary, just running footage. This method I appreciate from a viewing standpoint and I prefer it. However, I’ve seen very heavy coverage of the American Enterprise Institute, the CATO organization, and a string of corporate news reporters on interview segments, and I’m tired of it. Nader dare not point this out in so many words because C-SPAN is one of the few television networks where he gets any coverage even if it is rare and during odd hours.

I find Nader’s article interesting, his points compelling, but I take issue with his unchallenged repetition of the progressive line that too few corporations run the media. That way of structuring the debate says that more corporations at the wheel would be preferable. Instead, what we need is to charge broadcasters rent (as Nader points out), and mandate independant media appearance on TV and radio, and federally mandate at least 1 hour of uninterrupted prime-time commercial-free coverage of ballot-qualified candidates for all elections (simply point a camera and mic at them for an hour in a studio and let them speak without interruption or delay for one hour). That alone would have put Nader’s campaign issues in front of millions more people in 2000 and 2004 and could have helped him and his vice presidential running mate overcome being kept out of the presidential so-called “debates”. And that is why these things will not happen without a huge persistant public outcry.

Joshua Frank on Rep. Murtha and Jeff Chester on Hillary Clinton

Joshua Frank on Rep. John Murtha’s call for troop “redeploy[ment] at the earliest predictable date” is worth reading in multiple respects:

  • Murtha’s language has plenty of wiggle room but is misinterpreted by many (even those who favored not invading & occupying Iraq in the first place, and who want to get out of Iraq now). Murtha is not calling for “out of Iraq now”. What’s to prevent “the earliest predictable date” from being 130 years from now?
  • From Frank’s essay: “Senator John Kerry and even Donald Rumsfeld are calling for a reduction of US troops after December. But the troops they both want to bring home are the ones they sent over to monitor Iraq elections in the first place. Pulling them out afterward was the plan all along.”. It should be clear to anyone now that Kerry’s would-be presidency wouldn’t have changed anything of substance in the illegal and unethical occupation of Iraq.
  • Frank’s article is archived in numerous places online in case you need to refer back to it before election day. You might want to refresh a friend’s memory on why the Democrats don’t deserve your vote.

For reference, here is the complete text of Murtha’s non-binding resolution which received a 403-3 vote against:

Whereas Congress and the American People have not been shown clear, measurable progress toward establishment of stable and improving security in Iraq or of a stable and improving economy in Iraq, both of which are essential to “promote the emergence of a democratic government”;

Whereas additional stabilization in Iraq by U.S. military forces cannot be achieved without the deployment of hundreds of thousands of additional U.S. troops, which in turn cannot be achieved without a military draft;

Whereas more than $277 billion has been appropriated by the United States Congress to prosecute U.S. military action in Iraq and Afghanistan;

Whereas, as of the drafting of this resolution, 2,079 U.S. troops have been killed in Operation Iraqi Freedom;

Whereas U.S. forces have become the target of the insurgency,

Whereas, according to recent polls, over 80% of the Iraqi people want U.S. forces out of Iraq;

Whereas polls also indicate that 45% of the Iraqi people feel that the attacks on U.S. forces are justified;

Whereas, due to the foregoing, Congress finds it evident that continuing U.S. military action in Iraq is not in the best interests of the United States of America, the people of Iraq, or the Persian Gulf Region, which were cited in Public Law 107-243 as justification for undertaking such action;

Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That:

Section 1. The deployment of United States forces in Iraq, by direction of Congress, is hereby terminated and the forces involved are to be redeployed at the earliest practicable date.

Section 2. A quick-reaction U.S. force and an over-the-horizon presence of U.S. Marines shall be deployed in the region.

Section 3. The United States of America shall pursue security and stability in Iraq through diplomacy.

The Duncan Hunter (R-CA) resolution offered in response read

Expressing the sense of the House of Representatives that the deployment of United States forces in Iraq be terminated immediately.

Resolved, That it is the sense of the House of Representatives that the deployment of United States forces in Iraq be terminated immediately.

Also, check out Jeff Chester’s response to Sen. Hillary Clinton’s fundraising request and ask yourself if any of your anti-war buddies would have the guts to not vote for a pro-war candidate. “But she’s a woman!” and “But she’s a Democrat!” will start in earnest if she runs for President and if the Republicans don’t have a woman candidate too (Condoleeza Rice would give us a real race to the bottom). Who will have the guts to oppose a woman’s run for office and point out that they’re not being misogynistic, but staying true to their anti-war, pro-universal health care, anti-NAFTA, anti-CAFTA politics?

It’s perfectly fine to not vote for a woman if that woman is a poor candidate. If we’re compelled to vote for women or minorities in the name of diversity, then we’re really screwed because it’s so easy to find women and/or minorities who will work for all the things that aren’t in the public’s best interest.

Good summaries are hard to find.

If you’re feeling giddy because the Democrats won a few seats during the mid-term elections, read this and ready yourself for the next major election. You don’t often come across a concrete and succinct summary of why the national Democrats do not deserve your vote. Reza Fiyouzat doesn’t let you forget what happened these past few years, who helped make it happen, and how it ties into an unbroken line of using power to keep the voters away, “stay the course” in wars, and gut their base to satisfy their corporate paymasters. We’ve still got two business parties and they still work together to simulate opposition, giving you the impression you have a real choice.

Not much distance between Progressives and Liberals, then.

David Sirota’s latest essay neglects to mention that many Progressives also voted for a pro-war, pro-CAFTA, pro-NAFTA, pro-corporate campaign funding John Kerry in 2004. Progressives “are not fully comfortable with progressivism” and have fully behaved in such a way that it is clear they “are simply not comfortable taking a more confrontational posture towards large economic institutions” when many of these institutions fund Democratic Party campaigns.

I will continue to not take progressivism seriously so long as they buckle every 4 years for a series of candidates that collude with Republicans to keep competition out of their simultaneous press conferences masquerading as “debates”.

The Democrats in Congress right now can agree with the pro-war Republicans because it will cost them nothing. They know that they have no real challengers awaiting them either in the form of alternative candidates (who are easily dispatched because they’re either from a third party or are independent and can’t raise the funds to compete) or organized opposition to, as Sen. Russ Feingold (D-WI) put it, “a flexible timetable not a drop-dead date, not a deadline, not cut and run” in which the US can leisurely “finish the mission, achieve our goals and bring the troops home”. These are not the words or the sentiment which places tough demands on the pro-war Republicans like demanding to bring the troops home now. Yet these are the representatives that get votes in gerrymandered Democrat districts. Just look at the eminently disappointing junior senator from Illinois—Sen. Barack Obama.