GLUG: [Fwd: SuitWatch - January 5]

Stefano Canepa sc@linux.it
Gio 5 Gen 2006 12:49:24 CET


Vi inoltro questo messaggio che mi sembra contenga spunti di
riflessione.

Ciao
sc

------- Messaggio inoltrato -------
Da: Linux Journal News Notes <newsletter@linuxjournal.com>
A: suitwatch@ssc.com
Oggetto: SuitWatch - January 5
Data: Wed, 04 January 2006 15:48:01 -0600 

                             SuitWatch--January 5

  Views on Linux in Business

  --by Doc Searls, Senior Editor of Linux Journal
     _________________________________________________________________

                      On the Front Lines in Las Vegas

   In 1987, after a Spring Break week of camping and exploring in Arizona
   and Utah, my teenage son and I were driving down the I-15 from St.
   George to Las Vegas. It was dusk when the City of Sin appeared in the
   valley, sparkling against purple mountains in the distance.

   "Wow", my son said, as the lights grew brighter. "Think of all the
   money people have made here." It was the perfect set-up line.

   "Dude, everything you see was paid for by losers."

   Almost two decades later, I'm thinking about losers again. Only this
   time the losers I'm worried about aren't gamblers. They're everybody.
   Starting with us.

   I'm writing this on the eve of CES, the Consumer Electronics Show, a
   trade event of monstrous dimensions. I enjoy coming to CES. It's
   always fun to see where Linux pops up and where this large and often
   wacky industry is going.

   But this time, I'm concerned about signs that the computer
   industry--which at least to some degree values openness,
   interoperability and freedom--is turning into a category of consumer
   electronics, which has never been friendly to those virtues.

   A few days ago I asked, "Is Intel Going Hollywood?":
   http://www.linuxjournal.com/node/1000028. Of particular concern is
   Intel's new Viiv chip, which reportedly will allow DRM (digital rights
   management) at the hardware level. In Hardware Analysis, Sander
   Sassen:
   http://www.hardwareanalysis.com/content/article/1811/ describes a
   creepy scenario:

     Intel's Viiv is the proverbial icing on the cake, a home
     entertainment concept adding the needed hardware support to
     supplement the features as found in Windows Vista. And unlike the
     concept platform Intel has shown us in the past, Viiv Fork will
     start shipping in the first quarter of 2006, quite in time for the
     release of Windows Vista. The combination of the two will mean that
     you, the end-user, will be royally screwed in every way, shape and
     form. That's right, once Viiv Fork and Vista ship you can forget
     about exercising your fair-use rights, no more converting songs to
     MP3, no more music downloads to and from friends and family, no
     more DivX movies, and the list goes on. But more disturbing is the
     fact that new content will only be able to playback on the new
     platform, there, for example, will be no (legal) Linux support or
     support in other operating systems. Simply because any such media
     player, able to playback this content, will circumvent the
     protection scheme that is DRM, which is illegal. Basically fair use
     and your rights as a consumer are out of the window when Viiv Fork
     and Vista arrive.

   He adds:

     With Viiv Intel has given the music and movie industry the tools to
     force the consumer to give up its rights and abide by their rules
     and has handed the keys to unlock the protection scheme to
     Microsoft. Looking at the track record of the music and movie
     industry and their watchdogs the RIAA and MPAA you can rest assured
     that when this platform is introduced they'll use any possible
     legal avenue to further limit how you can use their content. And
     more importantly they'll also make sure you pay a substantial
     amount of money for any use of their content that before was
     labeled as fair use, such as converting songs to MP3 for example.

   I left out the more hyperbolic stuff. But you get the picture. Paul
   Otellini, Intel's CEO, was not encouraging in an interview with
   BusinessWeek:
   http://www.businessweek.com/magazine/content/06_02/b3966009.htm, timed
   precisely to coincide with both CES and Macworld, where Apple will be
   talking up new Intel-based gear. When asked, "Which technologies,
   platforms, most excite you personally?", Otellini replied:

     I actually think Viiv is a world changer. Independent of the
     hardware as it evolves, it's DRM-agnostic, but it protects
     everything. It allows you to move things in a free fashion, but
     still maintain the desire of the content owners to get paid for
     what they do. It will change the business models of entertainment
     and theaters and Hollywood, and it will be for the benefit of
     consumers.

   Kinda gives me the cold scuzzies.

   Speaking of consumers, the Consumer Project on Technology has sent an
   open letter to Yahoo:
   http://www.cptech.org/ip/wipo/bt/yahooletter.html, asking that
   company--which could hardly be more Net-native--to stop siding with
   WIPO (the World Intellectual Property Organization), which is pushing
   a Broadcasting and Webcasting Treaty. The treaty is designed to give
   content producers the rights and abilities to control everything that
   happens to "content", all the way to the playback, display and (yes)
   production technologies being vetted these next four days at CES.

   A year earlier, the Electronic Frontier Foundation sent a similar
   letter, signed by 19 leading voices in technology, starting with Mark
   Cuban, owner of HDNet, the Dallas Mavericks and over a half-billion
   dollars' worth of copyrighted video works. Other letters opposing the
   treaty can be found in the link pile below.

   James Love wrote A UN/WIPO Plan to Regulate Distribution of
   Information on the Internet:
   http://www.huffingtonpost.com/james-love/a-unwipo-plan-to-regulat_b_11
   480.html in the Huffington Post recently. The headline says it all.
   But here's one excerpt, just to put you in a fighting mood:

     The European Commission is also not trying to impose current
     European legal traditions on the rest of the world. Both the US and
     the EC negotiators are trying to create a brand new and untested
     regime of Internet regulation that they have never even attempted
     to adopt in their own Congress or parliaments.

   Many other voices are chiming in. James Boyle, who teaches
   intellectual property law at the Duke Law School and is co-founder of
   the Center for the Study of the Public Domain, recently wrote More
   rights are wrong for Webcasters:
   http://news.ft.com/cms/s/441306be-2eb6-11da-9aed-00000e2511c8.html, in
   which he said:

     In the funhouse world that is intellectual property policy, WIPO is
     considering a proposal to expand the length of the right by 30
     years and a US-backed initiative to apply it to webcasts as well.
     After all, we know that the internet is growing so slowly. Clearly
     what is needed is an entirely new legal monopoly, on top of
     copyright, so that there are even more middlemen, even deeper
     thickets of rights.

     What is the rationale for this proposal? Parity: "If the
     broadcasters have the right, we should too." But wait. There was
     never any evidence that even broadcasters needed the right. And the
     capital requirements and business models of the two industries are
     entirely different. And the reach of the webcasts would in effect
     be global. And there is no evidence at all that webcasters need any
     kind of protection. And, and...

     But to make these arguments is to be naive. WIPO is in the grip of
     the belief that more rights are better. Yahoo and a few other
     webcasting entities have very slick lobbying operations. The US
     representatives have, shamefully, caved in to them. To their
     credit, not many countries have yet accepted the need for a
     webcaster's right, but it is unclear if their resistance will last.
     The "affected industries" have loud voices.

   What's especially creepy about the WIPO mess is that Yahoo is in on
   it. Is Intel, too? A lot of us like Apple's gear, me included--it's
   hard not to. But on the DRM issue, Apple is no friend of openness and
   freedom. Who else do we have? IBM? Dell? Hellooooo?

   "Saving the Net":
   http://www.linuxjournal.com/article/8673, which I wrote two months
   ago, expressed similar freedom-threatening concerns about what the
   carriers want to do to the Net. One of the best pieces of push-back I
   got afterwards was from Chris Nolan, who has forgotten more about
   politics than most of us will ever know. She wrote:
   http://www.spot-on.com/archives/note_to_self_get_real.html:

     The tech community's approach to legislative initiatives is--to be
     polite--inconsistent. So far, most of the talk has been a bitter,
     faux-knowing resignation that of course the big corporations will
     triumph and the poor, farsighted Geeks of the tech world
     will--sigh--once again be seen as kooks who are trampled by greedy
     corporations. And as necessary and timely as Doc Searls' call to
     action on this issue is right now, his attitude toward what will
     happen and how is based, I am sorry to say, in unrealistic thinking
     about how Washington operates. It is a reflection of how tech has
     historically fared, not a contemplation of how things have changed
     since 1996.

     Searls calls on EFF and Larry Lessig, not on TechNet or John Doerr.
     He ignores the role that campaign contributions...(Shedding their
     civics book aversion to political reality, Doerr and TechNet have
     given often in recent years)...

   Her point: play harder, and better, ball.

   We need to borrow some muscle here. Some organizations outside of
   tech. Who? How about the AARP? How about the NRA? Let's think
   creatively here.

   Let's also think about what we're saving. I believe it's two things,
   basically. One is the right to make and do what we want with whatever
   we want, respecting laws that already exist. (And without which we
   wouldn't have Linux.) The other is to save the environment where our
   freedom to produce is far more important than is our ability to
   consume. That environment isn't just the wide open frontier we call
   the Net. It's the open marketplace growing on that Net and on which
   countless economies depend.

   Keeping markets open isn't a left vs. right issue. It's a rights vs.
   wrongs issue.

   We need to make these issues as clear as we can. And we need to go to
   battle with whatever allies we can find.

   I'll let you know what--and who--I find here at CES and then at
   Macworld next week.

  Resources

   Joho the Blog:
   http://www.hyperorg.com/blogger/mtarchive/wipo_and_the_war_against_the
   _i.html

   Sign-on Letter asking the leadership of the House and Senate to block
   US support for a diplomatic conference at WIPO until the public can
   comment on the proposal.:
   http://www.cptech.org/ip/wipo/bt/bt-signon.html

   The proposed WIPO Treaty for the Protection of the Rights of
   Broadcasting, Cablecasting and Webcasting Organizations:
   http://www.cptech.org/ip/wipo/bt/index.html

   --
   Doc Searls:
   mailto:doc@ssc.com is Senior Editor of Linux Journal. He writes the
   Linux for Suits column for Linux Journal. He also presides over Doc
   Searls' IT Garage:
   http://garage.docsearls.com, which is published by SSC, the publisher
   of Linux Journal.
     _________________________________________________________________

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     _________________________________________________________________

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     _________________________________________________________________
-- 
Stefano Canepa aka sc: sc@linux.it  http://www.stefanocanepa.it
Three great virtues of a programmer: laziness, impatience and hubris.
Le tre grandi virtù di un programmatore: pigrizia, impazienza e
arroganza. (Larry Wall)
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