Control Versus Censorship
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By Chandra Devi  * ONE of the bill of guarantees under the Multimedia Super Corridor (MSC) initiative was that the Malaysian Government will not pursue Internet censorship. And it has kept to its promise to date.
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There's been a mostly fantastic discussion about fair use in this neighborhood for the last few days.  It started when a photograph of Lane Hartwell's was used in a video spoof of the Billy Joel song "We Didn't Start the Fire."  The first I heard of this was in a Twitter post of hers where she said she was turning off access to her entire Flickr collection because this picture was used without permission. A series of communications with the people who did the video resulted in the video being taken down. Later Mike Arrington, who is a lawyer, wrote a piece saying she didn't have right on her side, and that the video's use of her picture was probably fair use. I found Mike's piece compelling. Others took offense. It thought it was a useful part of the discussion. I understand Ms Hartwell's point of view. I hate it when people copy a whole post of mine and paste it into theirs. But then I grab bits of images and put them on my blog and people rarely complain. The blogosphere is built on being loose about copyright and fair use.  I'm doing a deal with a content company and all these issues are coming up. We haven't been able to write a contract that covers all the things they want covered and make it possible for me to do what I need to do, and they want my product to work. It's a real mess we're in. Bloggers are supposed to be radicals when it comes to fair use and copyright, but that generalization doesn't work with many creative people. Hartwell's position in some ways is like the RIAA or MPAA, who bloggers often dismiss as clueless. How can we have it both ways? How can some defend her position yet not defend the entertainment industry? There's a lot to discuss here, and a lot of the discussion on the blogs has been informative and respectful. Not all of it, but to an unusually high degree.  So, I am interested in doing an in person "flash conference" on the subject of fair use in a few weeks. I'd say next week if it weren't Christmas. Most conferences are so boring. I want to do a conf on a hot subject when it's still hot in the blogosphere. This may be a good subject for such a quickly organized conference. What do you think of the flash conference idea for this??
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File-sharing is being seen as both a threat and an opportunity by the entertainment industry.
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States are rethinking their policy of publishing all court documents -- divorces, medical histories, arrests -- on the web. On one hand is the citizens' right to know how their government operates. On the other is their right to privacy. By Jacob Ogles.
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Comment is free: Xinran: The controversy over the posting of explicit images of celebrities reflects the resilience of old taboos outside the big cities
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Sometimes, the two concepts can blur.
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I'm back, with a very interesting topic too!  Joel Spolsky, ex-Microsoft Manager and software engineering guru has a new essay, How Microsoft Lost the API War that is creating quite a big storm in the blogging communitiy.  Joel posits that the priests in the holy Temple of Microsoft have lost their way, because it has split into two factions, and the wrong faction is winning. One faction worships on the alter of backward compatibility, while the other is led by fervent priests who are proselytizing to raise up the new gods of .NET and Longhorn. Joel suggests that the new gods will cause the destruction of the holy Temple because Microsoft's great victories were built on the altar of keeping customers happy with backward compatibility. Furthermore the old gods of the Windows API continue to grow more grotesque and cruel with the passing of time, driving former worshipers into the arms of the friendlier gods of World Wide Web.  This story sounds extremely plausible. I must admit that i fit the profile of the developer who used to develop on the Window's API, is familiar with COM and Win32 who now develops mostly using PHP and Python. However I continue to develop and maintain Windows apps that keep our customers happy, and we still plan to develop new Windows apps. Some points:  Temple of the Blind? Firstly, Microsoft is still a compelling place to work for to people who feel that they can make a difference. The Temple continues to attract talented people with a Unix background. For example we have the recent hiring of Ward Cunningham, author of the Wiki.  Microsoft is still able to keep talented people like Raymond Chen, and others like him who continue to look after the Windows API, and Longhorn apparently will still give high priority to backward compatibility. Open sourcerers like Miguel Icaza are sufficiently attracted to the .NET vision to stake their careers on Mono. Longhorn and .NET are compelling technologies, so even if Win32 is not so cute anymore, M'soft is providing something that remains very attractive.  What i do see M'soft doing wrong is that they aren't disseminating the .NET runtime fast enough. It remains an optional install in XP Service Pack 2 for example. Also their IE dev team appears to be hog-tied due to political reasons; nevertheless IE remains good enough, particularly when I can embed IE as an activeX control, something I cannot do with Mozilla (AFAIK) - Update: I'm wrong.  Temple of the Spider?  Secondly, people don't merely use a web browser. They run the web browser in the OS.  So let me ask you, if you are using DreamWeaver or HomeSite or Photoshop or vi or emacs or Gimp, how many of you are willing to give it up for a java applet (or whatever your favorite technology is) running in your web-browser? Precisely.  Temple of the Abandoned?  Third, Joel makes the claim that developers are not developing to the Windows API. Well he could be right. But I bet a lot of them are still calling Win32.  If you are using a framework or IDE like Delphi or wxWindows (or .NET or VB) then you certainly are insulated from the Windows API, but that doesn't mean that you're not calling the Windows API all the time. I don't see Borland dropping their Windows version of Delphi at any point in time.   In fact, the fact that many developers are using some form of framework is a compelling argument for Microsoft to enhance the .NET framework to attract developers who are using other frameworks.  Today, not that many students learn x86 assembler, but that doesn't mean that Intel lost the CPU wars. Just because fewer people are learning Win32 doesn't mean Microsoft has lost the API wars, if the frameworks run predominantly on Win32.  Temple of the Lost  Joel even warns you in the beginning that "because I'm talking about big trends, I need to exaggerate and generalize". But you still get sucked in because Joel Spolsky is a first-class writer, in the same order as Philip Greenspun or Eric Raymond. That makes him so persuasive and plausible. But this is not Indiana Jones and doomed temples, but Steve Jobs and reality distortion fields.  Other opinions:  Harry Fuecks (PHP is ASP's upgrade path),  Dennis Hamilton (M'soft is just covering all bases), Robert McLaws (Joel is wrong in 7 points), Oliver Travers (the web is not good enough), One Run-time to Rule them all....
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Impressive evidence of the Chinese government's ability to monitor and control electronic communication shows one reporter how far the country is going in order to control and "purify" the internet. He applies what he learns, supplying tips on how to breach China's Great Firewall.
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By Paul Gromosiak  I must admit that I am a bit of a Luddite, but I have accepted my fair share of technology in my daily life. What concerns me is how rapidly technology seems to be taking complete control of our lives. Once our servant, I think it is now our master.
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The FCC leads the campaign to rein in 'indecency' on the airwaves. But in a world of unlimited spectrum, some think shackling the First Amendment is what's obscene. By Frank Rose from Wired magazine.
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Middle Eastern bloggers tackling everything from human rights to Islam are making it harder for governments to keep their monopoly on the media. By the Associated Press.
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Rethinking privacy in an immodest age.
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Internet service providers have to walk a fine line between fairness and profitability. Users want maximum service, and are entitled to honest contracts. Maybe there's a way to help everyone at once.
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Should creators insist on copy protection and other technologies to block the unauthorized spread of their works?
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New Way of of Circumventing the Internet Censor December 1, an early Christmas gift will be released for those living in countries where governments have a nag to control what users can and can not see on the Internet.  At the university of Toronto a team of political scientists, software engineers and computer-hacking activists have created [...]
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Should creators insist on copy protection and other technologies to block the unauthorized spread of their works? That's the first question in a week-long debate on Bits between Rick Cotton, the general counsel of NBC Universal, and Tim Wu, a professor at Columbia Law School.
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No one is forcing anyone to put their work into the public commons. But, once you do, you need to accept that you no longer can wholly control how it is used. The open-source software world understands this to its benefit.