Domain: bricklin.com
Stories and comments across the archive that link to bricklin.com.
Comments · 104
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Re:IBM's Unwilling Role
visicalc ~ dan bricklin (danbrickin.com)
apple 2 ~ steve wozniak (woz.org) , others (folklore.org)...
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Re:Would they...
Sure they'd patent it. They considered doing it 25 years ago, but an unimaginative lawyer told them that software wasn't patentable. More here.
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Re:Other Small Fact...Some time ago there was the question raised concerning ownership and transfer of patents, etc. of the spreadsheet
Visicalc came out in 1979. At that time, software patents were rarely granted. (Our legal system has corrupted patents since that time.) Dan Bricklin has some information about Visicalc and panents on his website.
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Test it out!
Run it yourself!
I bet there's a Linux one floating around out there, I guess I'll try to WINE this one. -
Re:IBM should study Chiapaint...
Very nice! No need to copy/paste the URL, though.
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Re:Microsoft and innovation/market awareness
While Microsoft is not without its innovations, why is improving on someone else's innovation a bad thing? They've made a standard desktop, which is not necessarily a bad thing. They've focused on user experience.
MS has dominated because they deliver a better experience to the user. IE surpassed NN because of this, not because it came bundled with Windows. MS Office is still better than OO in usability (I use both - I know). The desktop? It goes to Windows. That's why all the Linux desktops look similar to the Windows desktop. They aren't innovating either - they're going with what works.
Somebody has to polish the technology for the masses. Microsoft does it well and that's a good thing.
As for Lotus, they copied VisiCalc. You can read the VisiCalc story at Dan Bricklin's site. -
Re:The best part of the article imho
the one innovative thing MS has ever done is creating Excel.
*cough* Visicalc *cough* -
Re:Not Quite
Of those people who remember 1979, what would have happened if the current patent laws were around back then.
Visicalc technology is used in almost everything financial, in fact the concept of using a command key (like "/") to get to a menu is pretty similar to using a "start" button. -
Why VisiCalc wasn't patentedThere is an interesting article by Dan Bricklin, one of the inventors of VisiCalc (the first spreadsheet programs), on why they didn't patent VisiCalc. It's simple - patenting software was only possible after 1981. Think what the industry would look like if people had been able to patent spreadsheets (VisiCalc), full-screen word processing (WordStar and many others before), and windowing systems (Xerox PARC and Apple Lisa).
The bad news is that Bricklin thinks software patents are bad, but since they are here, you have to try to patent as much as possible. I guess soon we will have to take out patent-infringement insurance with premiums as high as our salaries.
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Carefully screened?good post orthogonal.
The other side of SCO's contention is that Open Source software creation doesn't have mechanisms in place to prevent the incorporation of unlicensed code in OSS code. Here SCO's argument stumbles: OSS may implement as many or as few "Intellectual Property" safeguards on incorporated code as any commerical software creator. (emphasis mine.)
the issue, orthogonal, is not that OSS may implement , the question is whether or not OSS does implement IP safeguards.
the answer appears to be: no. as any visitor to this board quickly learns OSS developers don't want to read patents, they don't want to care about patents, and they are fighting tooth and nail in europe to make sure they don't have to.
to a reasonable observer, it would appear that OSS does not want to co-exist with proprietaty models, they want free and unfettered access to any technology which exists. proprietary or not. period.
the remarks in this thread about socialism touch on this. the existence of private property is a threat to the ambitions of OSS. OSS developers are not content to remain in the public domain. this isn't good enough. the argument "if mozilla can't do this or that because of a patent then we all die" is pervasive among OSS developers.
as a defense against limits on functionality, or interoperability, OSS developers demand access to all domains: public and private.
the public confiscation of private property, or the abolition of private property is a hallmark of socialism and in this regard, the label "socialist" is appropriate.
SCO is right in theory even if they may be wrong regarding the facts in their own particular case. Unless OSS implements comprehensive measures to avoid patent and copyright infringement, it is simply a matter of time before the kernel actually does misappropriate someone's intellectual property.
Dan Bricklin the inventor of Visical sums it up appropriately:
"... I also feel that no matter how much you might feel that patents don't work for the software industry, and how much you may take up the torch to change the law, it is the law today and a fact of programming life as much as Microsoft, the instruction set of the machine we write for, the turning of the century number, and the need to pay for food. Ignoring them won't make them go away, nor protect you from those that do not have the same beliefs." (emphasis in original)
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Announcing WinFX is the Adam Osborne mistake.
Bill Gates just made the Adam Osborne mistake. He announced "WinFX", whatever that is, as the improvement to .NET. Now a significant number of people will wait for WinFX, and Microsoft will lose the profits it would have had from those who wait.
Adam Osborne's company made an early personal computer. Adam announced a new model long before it was ready. Sales stopped because everyone wanted to wait for the new model. Adam's company went bankrupt.
It was amazing watching the bankrupting of the company on TV at the time. Osborne's company went from being one of the fastest growing to having insufficient money for operations in about two months.
It was a sobering lesson. Computer companies sometimes die extremely fast. Novell, WordPerfect, Corel, Fifth Generation Systems, and Central Point are examples. There are many others.
Microsoft has not been managed well. The company survives and profits because of having a virtual monopoly on operating systems and on office suite file formats. Think about it, suppose someone had a monopoly on water. That person could soon be much richer than Bill Gates.
For most businesses, the free Open Office is all they need. There are significant benefits to Open Office. It is much less quirky than Microsoft Office, for example. Most people are not very observant about the software they use, and they hardly notice the difference between Microsoft Word and the Open Office word processor.
Right now, many businesses use software that runs only under Microsoft Windows. However, there are many desktops that only need software that is already available for Linux. Those can benefit from the increased stability of Linux.
People don't care about the cost of Windows. The cost is only a few dollars of the cost of the computers they buy. The biggest issue against Microsoft is its adversarial behavior toward its customers. Using Linux means never having to say "My operating system company is partly my enemy."
Microsoft is on the way down. Most people don't realize that yet, however. Microsoft is one of the biggest management failures the world has ever seen. If the company could make a few changes in its behavior, it could stay profitable. However, it seems that abusiveness is more important to Microsoft than money.
Note that WinFX is someone else's trademark. WinFX is the most cracked and cheated program I have ever seen. There are 50 times as many links to cheats as there are to the product!
Microsoft has scheduled an MSDN TV program about "WinFX" for November 6 (Subject to change by Microsoft, of course.)
Microsoft claims that WinFX is their trademark. (The link is to a Google conversion of a .DOC file to HTML.)
Microsoft has a history of picking inappropriate trademarks. "X" means unknown. It was inappropriate to use the letter X in conjunction with "Xbox" and "ActiveX". Aside from being someone else's trademark, WinFX sounds too trivial for use with an extensive programming product. Traditionally, "FX" has been used to signify "effects". -
Re:Who owns Visicalc today ?
IBM owns VisiCalc. Back when 1-2-3 eclipsed VC in the spreadsheet market, Lotus bought the company out, and of course IBM now owns Lotus. They don't seem especially fond of MS these days. Incidentally, Dan Bricklin (creator of VisiCalc, for the kidz in the audience) has permission from Lotus/IBM to offer the original VC for DOS 1.0 on his website.
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Re:I agree with most of it...
Reverse engineering software in order to modify it or sell or give away an alternative is illegal.
Reverse engineering has nothing to do with modifying the original program. You appear to be saying that, for example, if I want to write a word processor, I cannot look at Word, WordPerfect, etc. to see what features they have that I might want to include in my word processor. (How do you think Microsoft came up with the ideas for Word and Excel?)
I believe what you are referring to in your second paragraph is reverse compiling. By reverse engineering something, you merely look at what it does and implement something that does the same thing. You are in no way standing on the backs of engineering paid for by the original company--the original company came up with an idea and paid people to implement it. What should stop another person from seeing that implementation and making another implementation. -
Re:Yeah, but...Who archives old copies of VisiCalc, RT-11, or PRIMEOS?
Can't help with PrimeOS, but I bet someone's got it.
BTW, both the above downloads are with the blessing of the coypright holders. Not that anyone should be able to hold a copyright on software that old, but it was nice of Dan Bricklin (Visicalc) and Mentec (RT-11) to make the gesture.
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Just add bandwidth, duhHave a look at Dan's paper "Why We Don't Need QOS: Trains, Cars, and Internet Quality of Service" before you start clapping.
I think the answer is clear: Go for more capacity rather than handling the narrow advance from dealing with congestion. That's what worked for Ethernet.
802.11a/g are at 54 Mbps, who knows what the next jump will be.
simon -
Re:Why is why?
The history of tablet computing is littered with failure, and MS is joining the parade 10 years late (though, as a history lesson, MS crushed Go by promising pen-windows 3.1 and forcing vendors to dump Go to get seeded with pen windows, then after Go tanked, they pulled the plug).
If you could get a touch/pen interface for trivial incremental cost and no resolution/weight/durability penalty, people would probably go for it. Maybe someday, but not yet.
Until then, as for Apple taking the niche: I worked on Scribe, the ATG's predecessor to the PenMac, a project so lost to history you can only find references to references on the web.
And the PenMac had, back in 95/96, many of the features of the new windows versions, including pressure sensitivity, a very accurate neural net based natural handwriting engine, etc. It even seemed quite a bit more responsive on that old 68020. It sold briefly in Japan for Kanji entry...
One problem with tablets... who writes anymore? Have you tried to write a letter recently? If you're less than 20, you probably never did. It's a compelling paradigm, but ultimately retro. Honestly, I can't anymore; my hand gets tired after a few paragraphs. Sure I could if I did it every day but I still wouldn't write this much with a pen. (Would the quality of writing improve if we took away all the keyboards?)
To be sure, there are niche markets. It's a solid interface extension to existing touchscreen applications like POS and machine control, and it's a nice for sketching.
But niche markets won't make for profitable software or affordable hardware. The problem is, in a nutshell, if you do it really well - get the tactile interaction just right, eliminate the display parallax, get the contrast up, get the pen as light and durable as a regular pen, even make the display flexible, make the whole thing weigh only a few hundred grams, and make it "instant-on," uncrashable, and with failsafe archival data retention and you've got....
...paper. -
Re:Linux competitiveness.
Well, there are devices and then there are apps. And if the app isn't built around devices, it might very probably work. Here's a popular app written for DOS 1.0 - visicalc and it works just as fine under Windows XP as it worked on a PC twenty-two years ago.
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Re:And thats exactly how it should be
(of course, I leave it as an exercise for the reader to determine the share of the revenue from each song you pirate on Kazaa that goes to the artist)
I'm sure you would...especially since the RIAA and all of its apologists can't seem to figure it out.
--K. -
Re:Is there a summary of arguments
This page by Dan Bricklin, the creator of the famous VisiCalc program puts forth a very convincing argument against software patents in plain English.
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Re:at this point why bother with a license?
It probably was 6502 assembly. Check http://www.bricklin.com. I think it was BASIC with assembly added in in the alpha, and then assembly after that.
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Dan Bricklin Co-Creator's Side of the Story
Dan Bricklin has a page or two on the history from his perspective.
Unlike many software programs after it, the basic concepts of Visicalc were never patented.
You can read about why Visicalc wasn't patented here. -
Dan Bricklin Co-Creator's Side of the Story
Dan Bricklin has a page or two on the history from his perspective.
Unlike many software programs after it, the basic concepts of Visicalc were never patented.
You can read about why Visicalc wasn't patented here. -
RIAA needs to change tuneIT SEEMS THAT
everywhere one looks these days, the RIAA (Recording Industry Association
of America), and its counterparts in other countries, are busy blustering
their way around and demanding that those who do not commit a crime should
be held responsible for it.
They are busy with their demands that Verizon
provide the name of a user who may have downloaded some music which may be
copyright and they are busy with their allegations about KaZaA music service,
a company which has the good sense to challenge the operation of the RIAA.
In the same manner it used in the Napster trial,
the RIAA is making wild assertions that gullible media, public and even legal
authorities appear to be accepting as fact. So far at least, it has managed
to give the impression that everyone apart from its members are to blame
for a slump in music sales. It can't be them - it must be those evil people
using the Internet.
No doubt the RIAA was emboldened by the judgment
against Napster and this gives it the feeling it can flex its muscles at
the world at large.
There is little doubt that Napster was guilty
of copyright infringement but only directly in so far as they themselves
copied music; that Napster had knowledge that users were infringing copyright
but only in so far as they could ascertain that copyright applied to certain
tracks; that they were guilty of contributory copyright infringement but
only in so far as they encouraged users to infringe copyright, and that they
were guilty of vicarious copyright only in so far as their income was dependent
on the use of copyrighted material.
That they themselves copied music from CD into
digital form is not clear. That they knew users were making illegal copies
is true, but the means of policing such action was beyond them if they had
no list of copyrighted works or any other means of checking. That they encouraged
others to infringe copyright is also probably true, but again the exact extent
of this and its influence on users is impossible to gauge. That its income
was dependent on copyright infringement is an accepted fact but again the
exact extent of this is impossible to determine.
For the record, Napster did not store music
on its own servers - it simply held the databases of music tracks that could
be accessed from users' own systems. The software they offered for peer-to-peer
copying between systems was also standard, although some minor enhancements
were made to improve the copying of large MP3 files. Providing something
as a legitimate use means it cannot be banned on the basis of possible
illegal use.
Findlaw.com has an archive of documents related to the trial and they
make very interesting reading. Time and time again, there are assertions
that Napster caused a slump in record sales but none of the many witnesses
- and there were many because the RIAA has deep pockets - presented any more
than circumstantial evidence.
How bad were the lies and distortions? The
response by Peter S Fader of the Wharton School of the University of Pennsylvania
provides an interesting rebuff to many of the witnesses. (You can find it
here.)
For example, one music storeowner near Syracuse
University in New York attributed a steep decline in music sales to the use
of Napster. He forgot to mention that in the time period to which he referred,
he had changed his emphasis from CDs to vinyl records and had moved to a
new store which was outside the main local shopping area. He later reluctantly
agreed that perhaps these were significant factors in his drop in income
and that perhaps he was making an assumption about Napster.
In a survey commissioned by the RIAA, the results
to open-ended questions (i.e. those with no specific choices) were interpreted
with a strong bias towards that association. This survey also concentrated
on college and university students then attempted to generalise the results
and paint a grim picture. More thorough surveys by other researchers indicated
that these "financially challenged" students were not typical Napster users
because more than 50% of users were over 30. Scattered through the various
submissions are all kinds of assertions that Napster was taking large numbers
of customers away from legitimate enterprises. Not one of these submissions
produced any incontrovertible evidence that showed a direct connection between
the use of Napster and a decline in music sales.
Several musicians who had been either ignored
or badly treated by record companies saw Napster as highly beneficial. Some
submissions are included in the Findlaw archive but other such as Janis Ian,
with 25-years in the recording business, chose to make their own public statements.
Janis's two postings can be found here.
She notes that Napster created a lot of interest in her work, far more than
before Napster arrived on the scene.
Other artists also commented on this phenomenon,
a point that dovetails nicely with numerous surveys - including some from
the RIAA itself - that showed consumers used Napster for sampling different
music. A shock horror tale in one pro-RIAA trial submission was that only
25% of the surveyed users went out and bought the CDs for at least 1 in 4
of the tracks they downloaded. Oddly enough, that corresponds well to the
idea of sampling. What a pity the same survey did not ask about deletions
of downloaded music too, because a large number of deletions within a few
days of downloading would further confirm this sampling.
Various surveys also supported these claims.
A survey by Jupiter Communications in July 2000 concluded that Napster users
were 45% more likely to have spent more buying music than non-users. This
survey was of 2200 online music fans and it found that the only people who
were not likely to increase their music purchases were 18 to 24 year old
"cash-strapped, computer-savvy users".
Jupiter Communications was certainly not alone
in these findings. The consensus was that Napster let people listen to music
that they would not otherwise made the effort to consider. As a result, musical
tastes spread. Another report mentioned that it made it easy to rediscover
artists or to find additional material by them. Both cases meant an increase
in sales of CDs and of vinyl records. There were several comments - of course
from people outside the RIAA - that Napster looked far more likely to increase
music sales than diminish them.
Another reason that students used Napster was
that it let them access one or two good tracks on an otherwise forgettable
CD. I am sure that we all have CDs that fall into that category. The attitude
of the RIAA seems to be that consumers must buy the rubbish in order to get
the few small jewels.
The fact that music sales were declining just
as the use of Napster was increasing presented the RIAA with the perfect
scapegoat, so absolving the music industry of blame and saving it the effort
to think there might be other reasons behind the slump.
After Napster died, the RIAA spouted the same
assertions about online music, whether or not such opinions were false, ill-founded
or unrepresentative.
Here's a typical pronouncement published by DC.Internet during February 2002. "The
Recording Industry Association of America (RIAA) is blaming online piracy
and CD burning as the major culprits for a 10.3 percent slide in 2001 music
sales. According to RIAA data, total U.S. shipments dropped from 1.08 billion
units shipped in 2000 to 968.58 million in 2001. ... Coinciding with the increase
in copying music, the study found that ownership of CD burners has nearly
tripled since 1999: in 2001, two in five music consumers owned a CD burner
compared to 14 percent who owned one in 1999."
At the same time the RIAA declared the rise
in sales of blank CDs was further proof of music piracy, and that blank CD
sales should be curtailed.
Let's dispose of this whole nonsense about CD
burners and blank CD sales quickly and then move back to the more important
issues.
Computer security is not something that the
RIAA is very familiar with, judging by the number of times its own Web site
has been hacked.
Blank CDs are used to back-up computer data.
When one blank CD costs about the same price as one diskette but stores
about 460 times the amount of data, is faster to record and takes far less
space than the equivalent thousands of diskettes, it would be stupid not
to use CDs for backups. The RIAA was quite adamant that the 10% drop in
CD sales in the USA in 2001 as compared to sales in 2000 was purely due to
music piracy but this assertion has to be very seriously questioned.
Firstly, if the RIAA is correct, it would follow
that the general interest in music was unchanged and that attendances at
concerts would be about the same as previous years. They weren't. According
to MTV's reports on the web, concert attendances dropped off by about 15%
in 2001 and revenues were down. The average ticket price rose by about 7%
during the year but as usual it is difficult to say if this deterred ticket
buyers or generated the best possible revenue in a bad situation.
An article in the Miami Herald of March 2002 provides a more balanced
commentary about the slump in music sales than the RIAA's rants. It attributes
a lot of problems in the industry to the fact that the record companies were
under attack from many directions - the government was threatening investigations
into payola, the companies were suffering the excesses of the technological
boom and bust, costs were rising and recording artists were in revolt about
the terms and conditions of their contracts with the record companies.
The terms and conditions are normally that artists
are contracted to produce a certain number of CDs in a certain time - but
it is the companies which dictate what music is acceptable to be marketed
and the manner in which a CD will or won't be marketed. For all this, the
artists receive 10 to 20 percent of the profits of the sale, but only after
the record companies charge them for promotional and marketing costs. Janis
Ian has in fact described the situation as being like indentured slavery,
and it is therefore no wonder that some artists were very pleased with using
Napster to get their music more widely known.
According to the same Miami Herald report,
sales of Latin music were up by 9% in 2001 but "In Latin America itself,
riddled with economic hardship and rampant piracy, mid-2001 sales fell about
20 percent." At least someone made the connection between personal wealth
and piracy.
For a further commentary about issues within
the music industry that were contributing to its slump, try this article
which also provides a far better analysis of the situation that the RIAA's
allegations. This gives an indication of the tone of the piece: "Given the
slight dip in CD sales despite so many reasons for there to be a much larger
drop, it seems that the effect of downloading, burning, and sharing is one
of the few bright lights helping the music industry with their most loyal
customers. "
One obvious factor that seems to have been ignored
by the RIAA is the nature of the music being released by the record companies.
Let me throw some names at you ... Sex Pistols, Rolling Stones, Pink Floyd,
Rod Stewart, Moody Blues, Brian Ferry, Genesis, Elton John and Cliff Richard.
If you are old enough to remember them you will probably like some of them
but dislike others. That is not the point; the point is that they co-existed
on the music charts in the late 1970s and this kind of variation is a far
cry from the kind of music that has been dominating the charts.
The current number of "revivals" or modern versions
of old songs suggests that the music from the 60s, 70s and 80s had something
that is seriously lacking in modern music. Perhaps the record companies
should spend time figuring out just why this is so.
The RIAA's claims that piracy has caused a worldwide
slump in music sales are questionable. By virtue of its population size,
the figures for the USA distort the total picture. The claims also ignore
the fact that US music sells across the world - so if US music is unappealing,
sales will be down everywhere.
To refute the RIAA's claims, CD sales in the
UK actually increased by 5% in 2001 and in France by a similar amount. (The
BBC News report here has the usual comment about piracy but mentions
this very important point only as a final comment.) I would not be at all
surprised if the influence of US music on the UK and French was somewhat
less than for other countries - or that the locally produced music in 2001
was rather more appealing than US music.
To label all US music as unappealing is quite
unfair. Latin and Country music sales have been quite good - probably because
they offered variety, positive energy and far broader appeal than mainstream
pop.
The possible causes of a decline in music sales
go further than these reasons.
Potential music consumers today have far more
choice in their form of entertainment than just listening to music. They
also have other things on which to spend their money and in many cases, they
have less money to spend than they did a few years ago.
Computer games continue to improve and they
are a big leisure activity. Games cost money that might otherwise be spent
on music. Further, games have audio and there is little point playing a
CD if the game's audio will drown out the music.
DVD sales continue to be good and the availability
of "home cinema" systems with DVD player and high quality audio has made
this a popular pastime. Entertainment has become more visual, at least for
those with time to sit and enjoy it. Music videos themselves have increased
the emphasis on the visual aspect of music.
In the USA the price of movie tickets compared
to CDs shows a dramatic difference, with movie tickets reportedly less than
half the price of a CD. Recent reports also say that movie attendance figures
are very high.
Finally, mobile telephone use is on the increase
especially among teenagers who might otherwise buy music CDs. Music might
be aimed at this demographic but most of them are still reliant on pocket-money
and probably have to pay their own mobile phone charges. Little wonder then
that they cannot also afford CDs when some of them rack up bills equivalent
to the GDP of a small country.
The RIAA is under threat from a number of directions
and it is fighting, on behalf of its members, for continued monopolistic
existence. They are under attack from increasing diversions in entertainment
and for the would-be music buyers' money. And they are also under attack
from a new medium that threatens to drastically change the way that music
is distributed and to reduce their control.
They are also seriously concerned about copyright
law and fear that as copyrights expire they will lose significant profits
and, even more importantly, their control over music distribution.
Since the RIAA started raising a fuss with Napster,
the US copyright laws have been changed and the period for which copyright
applies has been extended. Depending on your source you will find that this
is either the eleventh or fifteenth extension of copyright period in about
forty years. One report also indicated that many of these extensions have
occurred as various Walt Disney characters were nearing the end of their
copyright. (For more details see here).
Those with an interest in extending copyright
are more organised and have much deeper pockets than those opposed to change,
and so can finance a greater amount of pro-extension lobbying than those
who are opposed.
In 1998, an extension to the copyright laws meant
that period would last 70 years after the death of the creator, while works
owned by corporations were extended to 95 years. The RIAA is pleased with
this decision because we would otherwise been nearing the time when certain
music from about the early 1950s - the early days of rock and roll - would
have moved to the public domain. Anyone would have been free to publish
it and equally free to take the profits.
This 1998 extension to copyright period was
challenged but in mid-January of this year (2003) the court upheld the earlier
ruling and the RIAA and its cohorts were able to relax in the comfort that
their various treasure chests would not be released to the public. Don't
forget though, when the RIAA was fighting Napster, this outcome was far from
certain.
Cynics among us look at the notions behind the
copyright law and shake our collective heads. The US law was first introduced
in 1790 for a 14-year period with the aim of encouraging creativity and ensure
that the artists or thinkers could enjoy the profits of that creativity.
Extension of the copyright period is only in the interest of groups like
the RIAA because it means they can rely on older material and can minimise
any efforts to find new talent.
The battle for copyright is not yet over because
European authorities do not kowtow to American interests quite so easily.
EU copyright protection lasts only 50 years, as opposed to 95 in the US,
and so music recordings from the 1950s are becoming public domain in Europe.
The 1950s were a boom in popular music with rock and roll exploding and a
big jump in the number of records being released. Elvis Presley's first
record appeared in 1956 and Chuck Berry's first just two years later.
US music distribution companies have indicated
that they will start to fight CD imports, declaring that the import of European
CDs would be an act of piracy and that customs agents have the authority
to seize these imports.
Make no mistake, the RIAA is under attack from
many different directions, some legislative, some social, some from their
artist "slaves" and others from technology. Loss of control of the music
business would mean a dramatic loss of profit for these companies and it
is for those reasons they are currently embarking on a scare campaign about
music piracy around the world.
Again, European authorities are not impressed
by this blathering. According to a recent BBC report here, the European Commission has only outlawed commercial
(i.e. for profit) piracy but has decided not to criminalise people who download
music from the Internet for their own use. Needless to say the RIAA, and
its international counterpart the IFPI, are up to their normal tactics and
alleging - on no proven basis - that this will cause losses of 4.5 billion
euros annually.
In the bigger picture, these organisations are
out to police everything on the web that just might be somehow related to
the copyrighted works that they jealously guard.
In July 2002 a bill was introduced to the US
House of Representatives to permit the owners of material under copyright
to hack into any computer that accesses or uses a peer-to-peer file transfer
service to see if it was holding any illegal copies of the material. It
was described as vigilante justice in the 21st century. I think I know how
commercial enterprises such as banks would view such intrusions!
It appears that they need no "due cause" which
is what even the various law enforcement agencies require for any similar
search activity.
Using similar wild claims about piracy destroying
their business, the RIAA and IFPI are embarking on what amounts to a marketing
campaign to protect their backsides. Unfortunately the assertions are getting
lots of press attention, and there is a danger of the old problem that if
a lie is repeated often enough it gets accepted as truth.
In their latest moves the RIAA and other are
trying to persuade legal authorities to hold ISPs responsible for any illegal
material that is stored on their servers. (For example, see this report). I am
not certain if the ISPs will be required to call out the rottweilers (i.e.
the RIAA) or to decide if a music file is public domain, copyright but authorised
or copyright and illegal, and then act as judge and jury to decide the form
of punishment.
As I have argued earlier, the ISPs should not
be held responsible because it is not their problem if a user wishes to risk
prosecution for whatever crime. I am waiting for the day when ISP operations
can be fully automated and there is no need for any middle-person who currently
provides a ready and easy target for legal authorities and those who pretend
they are legal authorities.
Already the RIAA has managed to convince a
US court into demanding that Verizon hand out the personal details of a user
who is supposed to have copied music files. I know of no other legal situation
where a middle party has been obliged to provide these details to someone
who believes that they may have been a victim of some crime.
Fortunately Verizon is already objecting to
this demand
This Verizon case was discussed in an Australian
article, which went on to blame music piracy for a drop
in CD sales (yet again) and make the typical kind of claim that we have already
seen from the neo-Luddites. "The finger of blame is pointed at the internet,
as industry officials cite a corresponding increase in broadband adoption
as proof that increasing numbers of people are stealing music and movies."
The truly sad thing is that the RIAA is not
acting in the interests of consumers or even their musical artists. It is
only protecting its members, but a lot of influential people are swallowing
the story hook, line and sinker. -
Bricklin/FrankstonDan Bricklin/Bob Frankston's creation, Visicalc, is why each business / organization bought a microcomputer in the 1980's. Visicalc and subsequent copycats spreadsheets really changed the way things could be done, suddenly a day or two of statistics or accounting work could be done in a few minutes to a few hours.
For a while, there were dozens of quality spreadsheets on the market. The office spreadsheet opened the door for other technologies, more gradual adoption of microcomputers for word processin and eventually e-mail and the WWW. Counting these two definitely get my vote for one of the slots as top ten software innovators.
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alternative to boycottOnce you take the list of RIAA members and distill it down to a much smaller list where each major label interest is shown just once (Elektra, Sire Elektra, Qwest, Warner, and -- I think -- WEA are really all just AOL Time Warner, even if in some respects they may be operating independently of each other). Find the smaller labels that are left, and lobby them. Show them the areas in which RIAA policies go against their interests (this article comes to mind, but there's a lot more), and show them that it's in their interest to get these policies changed. Get them to break ranks, rock the boat, voice dissent.
Similarly, lobby artists. Lobby major-label shareholders. Lobby elected officials.
For that matter, remember that the RIAA doesn't represent all labels. Remind your elected officials that there are plenty of other labels and artists out there, labels and artists who are actually hurt when the RIAA is allowed to dictate public policy. Sure the major labels have money to buy politicians, but it's still the people who actually vote.
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The Sony eMarker, RIP September 2001
Jay Samit, new media senior vice-president at EMI Recorded Music in Hollywood, explains how it works: 'You're listening to the radio in your car, you love the song but you don't know who it's by. Flick the Keychain and it instantly knows which radio station you're tuned into, and where you are on the planet. It connects to the station, finds out about the track and sends you an e-mail to tell you where you can buy it.
The Sony eMarker, RIP September 2001.A good description of them with some background and an explanation of how they worked is here. They were never given away but sold for ~US$20 and just didn't catch on, at least never enough to recoup their support costs.
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if patents hold up, pen computing is in troubleIf the patents listed in Dan Bricklin's column hold up, then the pen computing area is in trouble. In particular, with Microsoft's purchase of Aha!, they own some pretty fundamental patents.
Furthermore, with the release of TabletPC, Microsoft has shown again that they simply can't innovate. Microsoft's TabletPC software is the same old stuff we had 10 years ago, only in a more bloated software incarnation. The only thing that has really gotten better is the hardware and processor speed, as well as the quality of real-time graphics those machines support.
Few if any of those patents should hold up if challenged in court, since most of the techniques had been used for quite some time by researchers before that. This is the usual case of a bunch of upstart startups not knowing what has been happening in academia and patenting like mad (Bricklin is aware of this). But that won't stop those patents from causing great harm: the threat of a lawsuit from Microsoft or Compaq/HP is sufficient to scare away investors from startups and to cause bigger players like Palm, Sony, or Apple to avoid certain features or functionality entirely.
While Compaq/HP holds some important patents, they are in bed with Microsoft. That means that Compaq/HP will willingly license their patents to Microsoft. Microsoft will use their patents to force other companies to adopt their TabletPC even if those other companies would have wanted to develop their own pen software. And for companies like Apple, who will likely develop their own software, Microsoft will use the threat of lawsuits to limit functionality and stifle their creativity: "you can only use our patents if you make this part of your software 'compatible' with ours".
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please take the time to LEARN before you post!OK, burning some karma here... there have been a lot of posts by people criticizing these things without apparently knowing anything about them.
Before you jump to any conclusions, please read Dan Bricklin's commentary based on his real life experience in riding a segway:
Thoughts before riding one
Impressions after riding a Segway HT: part 1
Impressions after riding a Segway HT: part 2 Especially note the sections "Isn't it just like a bicycle or a scooter?" and "How does a Segway fit in among regular walking and standing people?" -
please take the time to LEARN before you post!OK, burning some karma here... there have been a lot of posts by people criticizing these things without apparently knowing anything about them.
Before you jump to any conclusions, please read Dan Bricklin's commentary based on his real life experience in riding a segway:
Thoughts before riding one
Impressions after riding a Segway HT: part 1
Impressions after riding a Segway HT: part 2 Especially note the sections "Isn't it just like a bicycle or a scooter?" and "How does a Segway fit in among regular walking and standing people?" -
please take the time to LEARN before you post!OK, burning some karma here... there have been a lot of posts by people criticizing these things without apparently knowing anything about them.
Before you jump to any conclusions, please read Dan Bricklin's commentary based on his real life experience in riding a segway:
Thoughts before riding one
Impressions after riding a Segway HT: part 1
Impressions after riding a Segway HT: part 2 Especially note the sections "Isn't it just like a bicycle or a scooter?" and "How does a Segway fit in among regular walking and standing people?" -
ArticleThe Evil That Is the DMCA
by Adam C. Engst <ace@tidbits.com>
Much has been written about what's wrong with the Digital Millennium Copyright Act (DMCA). After all, it's been used to jail programmers, threaten professors, and censor publications, and because of it, foreign scientists have avoided traveling to the U.S. and prominent researchers have withheld their work. In a white paper about the unintended consequences of the DMCA, the Electronic Frontier Foundation argues that the DMCA chills free expression and scientific research, jeopardizes fair use, and impedes competition and innovation. In short, this is a law that only the companies who paid for it could love.
<http://www.eff.org/IP/DMCA/20020503_dmca_conse
q uences.html >
<http://www.educause.edu/issues/dmca.html>
<http://anti-dmca.org/>Just who are we talking about here? Primarily the large movie studios and record labels, who own the copyrights on vast quantities of content and who have been working with one another and via their industry associations, the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA), to control how we are allowed to interact with that content. Their unity of purpose and storm-trooper tactics have led some to dub them the Content Cartel.
<http://www.riaa.org/>
<http://www.mpaa.org/>However, the DMCA is merely one link in a chain that's being used by the Content Cartel and many others to restrict access to the shared cultural heritage of the world, and in the process, extract money from our pockets, stifle innovation and competition, and protect entrenched interests.
DMCA and Trusted Systems -- I recently attended a talk by Professor Tarleton Gillespie <tlg28@cornell.edu> of Cornell University in which he made a compelling argument for how the Content Cartel is using the legal force of the DMCA to direct us down a path where content cannot exist outside of a trusted system, which is a set of hardware, software, and file formats that all agree on what the user is allowed to do with a piece of content. (The trust here is between the pieces of the system, because the content owners don't trust their customers at all.) The trusted system's goals are simple - to eliminate all unauthorized uses and create a situation where we pay more for the content we consume.
A trusted system could prevent you not only from copying a CD or DVD, but also from listening to the CD more than a certain number of times in a day or skipping commercials on a DVD or on broadcast television. Along with requiring us to buy new hardware to play such content and buy new protected versions of the content we already own, a trusted system could have another ill effect. That's because it could prevent us from working with content we would create, using tools such as those Apple kindly provides in iMovie, iDVD, iTunes, and iPhoto. In the worst case scenario, Apple could lose not just the Mac's current digital media advantage in the marketplace, but the ability to work with digital media at all. See Cory Doctorow's article on the broadcast flag in TidBITS-642 for more on this disturbing possibility.
< http://db.tidbits.com/getbits.acgi?tbart=06901>
Professor Gillespie illustrated how this could happen with a discussion of the awkwardly named Content Scramble System (CSS), used to prevent people from copying DVDs, and the DeCSS software created by a Norwegian teenager with help from others on the Internet to build a Linux DVD player.
(A brief aside: DeCSS violates the DMCA's anti-circumvention provisions, which ban devices or services that are designed primarily to circumvent copy prevention technologies, that have only limited commercially significant purpose other than circumvention, or that are marketed for circumvention. The DMCA was signed into law in large part to bring the U.S. into compliance with a pair of World Intellectual Property Organization (WIPO) treaties that require anti-circumvention protections in the copyright law of signatory nations. You might think Norway would be included among the nations signing these WIPO treaties, but in fact, only 37 countries have signed on, including the U.S. and Japan, along with the likes of Kyrgyzstan, Gabon, and Paraguay. We're not talking about full international support here, especially in contrast to the 149 signatories to the more general and long-standing Berne Convention for the Protection of Literary and Artistic Works.)
<http://www.wipo.int/treaties/ip/wct/>
<http://www.wipo.int/treaties/ip/berne/>In particular, Professor Gillespie focused on three defenses used in the court case filed against Eric Corley, publisher of the hacker magazine 2600, by eight movie studios to prevent 2600 from publishing the DeCSS software. Although Eric Corley didn't create DeCSS, he made it available on the 2600 Web site. His lawyers' defenses focused on ways DeCSS might escape the anti-circumvention provisions in the DMCA, which was the law under which the case was being tried.
Let's look at these defenses, all of which the court eventually dismissed in ruling for the movie studios and enjoining 2600 magazine from posting the DeCSS code. A subsequent appeal also failed, and the defendants chose not to appeal again to the Supreme Court (probably a wise move - this particular case struck me as fairly weak).
<http://www.eff.org/IP/Video/MPAA_DVD_cases/200
0 0830_ny_amended_opinion.pdf>
<http://www.eff.org/IP/Video/MPAA_DVD_cases/200111 28_ny_appeal_decision.html>Create a Linux Player -- The primary defense that Eric Corley's legal team, funded by the Electronic Frontier Foundation (EFF), advanced was that CSS was reverse engineered and DeCSS written to further the development of a DVD player for Linux, which allegedly had no way of playing DVDs at the time (four players are available now; see the Linux Journal review linked below for details). Unfortunately, the judge deemed the defense utterly irrelevant because the DMCA offers no relief based on motivation. In short, if a technology violates the DMCA's anti-circumvention provisions, the purpose for which that technology was created simply doesn't matter. The judge also wasn't impressed with the fact that DeCSS is actually a Windows program, so although it could be argued that it was a necessary step in the creation of a Linux DVD player, it's a weak argument.
<http://www.linuxjournal.com/article.php?sid=56
4 4>The obstacle that actually lies in the way of creating a DVD player is the lack of a key to decrypt the CSS encryption used on DVDs. The only way to come by such a key is to sign a contract licensing CSS from the DVD Copy Control Association (DVD CCA), a group made up of companies representing the movie studios, consumer electronics companies, and the computer industry. At $15,500, the licensing cost is not usurious, but the contract effectively prevents individuals and small organizations from licensing CSS. For instance, in the event of a material breach of contract, the licensee is liable for $1 million, and damages can grow to a maximum of $8 million. In addition, the contract prevents licensees from reverse engineering CSS or working in any way counter to the goal of CSS's protection of DVDs.
Put simply, the CSS license is the sort of thing only large companies can reasonably sign, so it's clear that the effect of the DVD CCA contract is to keep newcomers out of the cozy little club. Perhaps that wasn't a likely concern before the age of the Internet, but the rise of Linux and the open source movement shows that small, informal groups organized over the Internet can produce software that threatens the largest of companies.
The end result here is that innovation is stifled. Companies that license CSS cannot, even if they wanted to, produce products that consumers might like to buy, such as DVD recorders that could copy a DVD. That keeps new companies, niche players, or even independent programmers from competing with the consumer electronics giants with innovative features that in any way run afoul of CSS. So although the consumer electronics companies might not have minded consumers copying DVDs, since they would sell the equipment to make that happen, it's worthwhile for them to abide by CSS to eliminates potential competition.
Equally as problematic is that the CSS license's numerous requirements force the consumer electronics firms to be technologically responsible for regulating our movie viewing and copying behaviors for the studios. Signing this draconian contract is an all-or-nothing deal, so the movie studios have cleverly managed to pass off the dirty work of technological regulation on everyone else (they just produce the content; the DVD and player manufacturers must implement CSS). It's a big step toward a trusted system in which all the parties are bound by the CSS contract.
(As an aside, another effect of the CSS contracts is also to move the entire issue from the world of copyright law, where there is at least some presumption of needing to benefit the public, into the world of contract law, which doesn't give a damn about the public good. If this continues to the logical extreme, the concept of copyright, and unauthorized access to any content, could be locked up forever in simple contracts that lie underneath a trusted system's technologies, all backed up by the DMCA's anti-circumvention provisions.)
Perform Encryption Research -- Another defense that Eric Corley's lawyers put forth was that DeCSS was created as research into the CSS encryption method, since the DMCA does allow copy-prevention technologies to be circumvented for encryption research. However, the DMCA specifically requires that the encrypted copy be obtained lawfully and that the person performing the research make a good faith effort to obtain authorization in advance. In addition, the decryption tools from such research may be shared only with collaborators for good faith research purposes - in other words, distributing these tools publicly isn't kosher.
Note the words good faith above. In determining whether encryption research is good faith, the judge said the court must determine whether the results are disseminated in a way that advances the state of knowledge of encryption technology, whether the person is engaged in legitimate study of work in encryption, and whether the results are communicated to the copyright owner in a timely fashion. Deciding that none of these tests were true of Eric Corley, the judge dismissed out of hand the claims that DeCSS had protection under the encryption research exception to the DMCA.
Looking past the specifics of this case, consider the ways in which encryption research is considered to be in good faith. You must be a legitimate researcher, have a goal of advancing the state of knowledge, and have at least made an effort to get authorization from the copyright owner. Now think about how these requirements completely disenfranchise the interested individuals and the Internet technical geek community. What does it take to be considered a legitimate researcher - a white coat, thick glasses, and a job with a university, corporation, or government body?
What we're seeing here is how the DMCA in essence props up the status quo, denying that legitimate research could be done outside the halls of academia or a company's R&D department. Left on the outside are the crazy ones, the misfits, the rebels, the troublemakers... oh hell, go read the rest of Here's to the crazy ones from Apple's Think Different ad campaign for yourself. Whether we're talking about Apple's target audience or the open source community that has had Microsoft running scared is immaterial. The point is that the DMCA, supported by this court ruling, prevents that sort of person from doing anything that's not sanctioned.
<http://www.apple.com/thinkdifferent/>
Report as a Journalist -- A third defense that Eric Corley's lawyers offered was that posting DeCSS was protected by the First Amendment's protection of the press, and by the First Amendment in general. It took the judge significantly longer to dispose of this defense, since free speech issues are notoriously tricky, but in the end, he concluded that the speech in this case is content-neutral due to the functional nature of the DeCSS code. He then went on to note that regulation of content-neutral speech is acceptable if it advances the government's interests and that preventing the copying of digital works is a government interest due to the existence of the Copyright Clause in the U.S. Constitution and the importance to the U.S. economy of exporting copyrighted materials.
If you haven't looked at the Constitution recently, the Copyright Clause reads, To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Personally, I come down on the side of copyright existing to benefit society through the progress of science and the useful arts, and only secondarily to give authors and inventors exclusive rights. By my reading, the government interest thus lies in promoting the progress of science and the useful arts, and there's no question that the DMCA eliminates progress.
<http://www.law.cornell.edu/constitution/consti
t ution.articlei.html>But I digress. The final result of the case was that Eric Corley and 2600 may not post DeCSS on their Web site or knowingly link their Web site to any other site on which DeCSS is posted. The decision was worded carefully so that linking in general would not be affected by the DMCA, but only in cases where those responsible for the link (a) know at the relevant time that the offending material is on the linked-to site, (b) know that it is circumvention technology that may not lawfully be offered, and (c) create or maintain the link for the purpose of disseminating that technology.
In other words, it's acceptable to link to DeCSS if your intent is not to disseminate DeCSS, but merely to report on its availability, a fact I proved to my satisfaction with a trivial Google search on download DeCSS that provided over 17,000 hits, many of them still functional. You can verify this for yourself; just remember that DeCSS is only for Windows.
<http://www.google.com/search?q=download+DeCSS>
Here's where Professor Gillespie's argument becomes a bit more speculative. Although the court went no further in this case, he suggested that in any future cases in which the legitimacy of linking was called into question, he felt that the court would include in its deliberation the nature of the publication in question. For example, if the New York Times chose to link to DeCSS or some other technology that violated the DMCA (as in fact the San Jose Mercury News and Wired News have, in making the point that a ban on linking is seriously problematic), he felt that the court would have little trouble accepting the journalistic intent of the link. On the other hand, if some silly little electronic newsletter aimed at Macintosh and Internet users were to perform the same action, he was concerned that it would be more difficult to make the same defense. And if TidBITS wouldn't match up to the journalistic level of the New York Times in the eyes of a theoretical court, what about a blogger?
The end result would be that this court's interpretation of the DMCA could have the same effect of stabilizing the large news organizations in favor of the small newsletters and bloggers who are redefining what journalism means in today's Internet-enabled world. Speaking as someone who has done some of that redefining over the last 12 years, that worries me.
Regime of Arrangement -- In the end, Professor Gillespie argues that the true power of the DMCA is not so much related to its effect on copyright but these ways it weaves established organizations like large manufacturing corporations, research universities, and media conglomerates into what Professor Gillespie calls a regime of arrangement.
Don't assume that these established institutions are necessarily being co-opted against their will. Apple's Think Different campaign reads like a manifesto for the very people who are disenfranchised under this regime of arrangement, and yet Apple is a member of the DVD CCA, and, obviously, a licensee of CSS for the DVD hardware and software that comes with the Mac. The open source community has proved the power of teams of independent programmers as an alternative to the traditional software development model, not to mention the ivory towers of research institutions. Distance education hints at the decline of the traditional university, and entrenched media organizations have struggled for years with the way the Internet lets anyone be a publisher.
If there's one theme we take into the 21st century, it's decentralization, and you can see it everywhere. The PC overtaking the mainframe, Napster changing the face of music distribution despite the recording industry's best efforts, DeCSS causing the movie studios conniptions, Linux successfully challenging the mighty Microsoft's server operating systems, even the terrorist attacks on the World Trade Center and the Pentagon - all are examples of the power of decentralization and the ever-increasing clash between these forces of decentralization and the centralized power structures that control everything about our world. I have no answers here, but I'd note that despite the awesome power of both systems, I'm seeing the forces of decentralization making significant inroads.
What Can We Do? I've been attending a number of talks on copyright and intellectual property issues at Cornell over the last year. Almost without exception, the talks are warnings of dark times ahead (obviously, most are slanted toward the academic and library worlds), but at the same time, none have offered any suggestions for how we can work to reverse the efforts on the part of the Content Cartel to lock up our cultural heritage and stifle innovation for the future.
At a recent talk by Alan Davidson of the Center for Democracy and Technology (CDT), I chatted with Alan afterwards about this problem, and he agreed it was a concern, but had no silver bullet to prevent the hordes of well-funded Content Cartel lobbyists from having their way with our elected representatives. I, too, have trouble knowing what will be effective, but I offer these possibilities.
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Spread the word to everyone you know. In most cases, the best argument is probably that the entire situation is a move on the part of big business to make everyone buy new consumer electronics and new copies of all of their content. If the Content Cartel gets their way, it will cost you. In some situations, making the intellectual commons argument - that our culture needs access to its cultural heritage to grow - can be effective, though it's generally too abstract. Try to avoid sounding like a zealot (I know it's hard: every time I hear of the latest attempt on the part of these companies to criminalize their customers, it makes me want to spit.)
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Support civil liberties organizations like the Electronic Frontier Foundation (EFF) and CDT that are working to protect our rights. As you'll see in the PayBITS block at the end of this article, I plan to donate all the proceeds from this article to the EFF to help do my part.
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Between 19-Nov-02 and 18-Dec-02, write to the Library of Congress with any evidence you can provide on whether non-infringing uses of certain types of copyrighted materials are likely to be adversely affected by the DMCA's anti-circumvention mechanisms. To get an idea of what they're looking for, I highly recommend reading Dan Bricklin's Copy Protection Robs the Future essay, in which he talks about his efforts to post an original copy of VisiCalc, the ground-breaking spreadsheet program he created.
<http://www.copyright.gov/1201/comment_forms/>
<http://www.bricklin.com/robfuture.htm>-
Express your concerns to your elected representatives whenever appropriate. EFF maintains an action center that makes it extremely easy to write your appropriate representatives. While you're at it, you might ask how it is that an entire industry is allowed to create a restrictive technology like CSS, require highly limiting contracts, and influence legislation (the DMCA). One of the industry witnesses in the Corley case testified that this three-pronged approach was exactly what the movie studios aimed at creating. Ironically, given that the end goal is a trusted system, this sounds a whole lot like the legal definition of a trust, which is a combination of corporations for the purpose of reducing competition and controlling prices throughout an industry.
I have to admit, I'm worried that none of this will be enough. The Content Cartel has the aura of celebrity on their side - they're protecting the rock stars and movie stars who sit at the pinnacle of today's society. They're the cool kids, whereas the people who campaign for civil liberties are often considered dull and overly earnest. My main ray of hope is that the reason most of the software industry voluntarily gave up copy protection technologies - primarily that consumers hated copy protection - will rise again, but unless we speak out now, all of our content may be locked up in a trusted system protected by the DMCA.
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Re:Look back to Lotus & 1-2-3
Lotus 1-2-3 had copy protection from the beginning (release 1A, 1983). The program cost around $500 then (in 1983 dollars, mind you) - far too expensive for many potential buyers; copying was rampant despite the copy protection.
Speaking of spreadsheets, Dan Bricklin of VisiCalc fame has this to say about "copy protection":
In the early days of PC software we had copy protection schemes. Users hated this. To "protect our rights" we made it harder for the users. We found out that when we made it easier to use our software (i.e., no copy protection) users were happier and we still got paid. When we made it hard, they just didn't buy or used special programs to get around our schemes. The support costs of helping users deal with our "protection" was very high. The idea of getting them just used to paying was much better.
In general, we tried to listen to our customers and give them the products they wanted in the forms they wanted so they could use them in the ways they wanted.
source. Well balanced and interesting article. This one is also worth reading. Now, if only the music industry would listen... -
Re:Look back to Lotus & 1-2-3
Lotus 1-2-3 had copy protection from the beginning (release 1A, 1983). The program cost around $500 then (in 1983 dollars, mind you) - far too expensive for many potential buyers; copying was rampant despite the copy protection.
Speaking of spreadsheets, Dan Bricklin of VisiCalc fame has this to say about "copy protection":
In the early days of PC software we had copy protection schemes. Users hated this. To "protect our rights" we made it harder for the users. We found out that when we made it easier to use our software (i.e., no copy protection) users were happier and we still got paid. When we made it hard, they just didn't buy or used special programs to get around our schemes. The support costs of helping users deal with our "protection" was very high. The idea of getting them just used to paying was much better.
In general, we tried to listen to our customers and give them the products they wanted in the forms they wanted so they could use them in the ways they wanted.
source. Well balanced and interesting article. This one is also worth reading. Now, if only the music industry would listen... -
Dan Bricklin on Cell Towers
Dan Bricklin has an interesting writeup on cell towers in his weblog, here, complete with some pictures.
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Dan Bricklin on Cell Towers
Dan Bricklin has an interesting writeup on cell towers in his weblog, here, complete with some pictures.
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Re:This approach is nothing new
For creating demoware as a college student, I used software called Dan Bricklin's Demo System. The software ran on DOS, you can tell this was a while ago, and you could write code using a menu system like Visicalc to enter code such that you could not make a syntax error. Logic errors, of course, were your problem. The interface was well done, so using the menus wasn't that annoying.
The auto-complete/macro/quick fix features in newer IDE's come close to providing code via menus for those who want it, but lets those users who prefer to do the typing themselves alone. -
Re:How do we distance ourselves from the thievesUnfortunately, the people that only do this are in the minority. The majority, even giving them the benefit of the doubt, steal music.
I'm pretty sure you are wrong here. Check out the analysis of the stats by Dan Briklin here: http://www.bricklin.com/recordsales.htm
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Re:"Piracy" is the excuse
Amen to that bro. What they are trying to do is rob the future. This article too was written by Dan Bricklin (how can you not love such a guy?) and every legislator should be forced to listen to it, Clockwork Orange style.
OK, maybe Beethoven isn't necessary, but you get the idea. -
Re:Filling drivesprograms with support for unlimited undo, where a complete history of actions is stored (if someone beats MS Office to market with this and people get used to it, there will be a nice coup.
Actually, that was a feature in Visicalc, the first electronic spreadsheet circa 1979, which ran on a 16k (or so) Apple ][ (heck, the Apple ][ maxed out at 64k... think about that).
You could undo any file (even after saving), step by step, back to the original empty document.
--
Evan (no reference) -
Chiapaint: Bricklin's hysterically funny parody
Take a look at Dan Bricklin's hysterically funny parody of client-side Java. It says it all. Just as funny and relevant as when it was written.
It will be interesting to see just how .NET can avoid the same issues.
Demo software like Bricklin's is usually used to present a positive view of technology that doesn't exist... this is the first time I've ever seen demo software used to present a negative view of technology that DOES exist. -
hell, if my cellphone's barely on the 'net...
if my cellphone is barely on the 'net, why should my fridge be?
Yes, I know the USA is behind in creative additional uses of portable networked devices, but even then, the only really compelling apps, the only ones people pay for, are the ones that facilitate communication between people. Almost every other wireless app will be niche status for the foreseeable future.
this article says it well--what do people shell out for at Internet Cafes when they're on vacation? It's not online shopping or browsing...it's good ol' e-mail. The near future of cellphones is voice communications (duh), e-mail, and maybe sending pictures. It's not the chance to browse some tiny version of the web or order stocks.
So, I think the rather slow progress of handheld wireless networking has implications for networking beyond the PC. The technology for controlling your house appliances online has existed for a long time; still a minor niche. People don't want their fridge fiddling with their recipes...a much more promising technology there is putting standard barcodes on premade foods that your microwave can scan and know how long to cook, kind of a VCRPlus for food prep... anyway, we're a long way off from having all of society's hardware on the regular 'Net, though obviously cyberattacks have the potential to be more damaging as we rely on the 'Net more and more for information services. -
A Few Words Knowing Voices
Remember last April when Andreessen said "If a computer can see it, display it and play it -- it can copy it,..."
Article found here.
As Dan Briklin says "With ever changing technology, in order to preserve many works we will need to constantly move them ahead, copying them to each new media form before the previous one becomes obsolete. Also, as we create new media, we need to preserve the knowledge of the methods of converting from one media to another, so we can still access the old works that have not yet been moved ahead. This is crucial. Without this information, even preserved works could be unreadable.
The most famous example of that type of translation information was an inscribed slab of rock from 196 BC found in 1799. It contained a decree written in Greek that was also written in two forms of Egyptian. It's called the Rosetta Stone. It let scholars finally read ancient works in hieroglyphics that they had physical possession of but whose language had been a mystery for 1,400 years (despite being common for the 3,500 years before being superseded). Cuneiform, a form of writing used by many ancient civilizations, was similarly opaque to scholars until they found a text in multiple languages carved into a cliff -- the Behistun inscription." -
Re:How far can you lean forward?They've tried the segway on very fat people (sorry - I can't think of a better term that won't get this post moded flamebait) and they can lean into it quite far without it tipping (assuming that it has enough battery power. This situation however is very rare when you take out...
When you're riding along and you lean forward more to go faster and you start approaching the maximum speed the Segway makes certain tones at you to give feedback that you're nearing the limit. Apparently it also gives more resistance at this point (for deaf people).
Rather than fat or light people though it's better to look at it as a centre of gravity thing. The Segway doesn't know or care if you're a fat naked guy or a skinny clothed guy with a heavy backpack - you're the same weirdo to the Segway. It tries to maintain the balance upon that as much as it can. I forget the exact limit off the top of my head - sorry. It's on the Segway HT site.
Generic segway link 1, kickass segway link 2 (that's the one you want to read)
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Re:THE BIG FREAKING POINT.
And to extend your analogy, what if the person who has the combination dies without ever telling anyone else? What if, after 70 years, there even was a safe?
Dan Bricklin has some similar observations about copy-protection and artistic legacy. -
What about other types of software?Nobody seems to mention or pay much attention to other types of software that are available as abandonware - more usually with the blessing of the original parent company. For example, have a look at: there are plenty more examples if you have a look around. Sure, having old games available is good for nostalgia, but things like this can actually be useful, especially if you're looking for stuff to run on older hardware or if you're after a feature that new software Just Doesn't Have (or the new software is not available on your platform etc.) - I know I've found this in various circumstances.
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Has it been that long?
Wow and just a short 22 years since the release of Visicalc
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Re:Give credit where dueMicrosoft was founded in/around *1975* at a time when nobody thought there was a market for PC software.
Is it just me or was Visicalc the killer app that drove mass adoption of consumer PCs? Thank them for the use of computers in the office and in homes, along with games and the human friendly hardware ideas implemented by Woz. And after that the desktop publishing revolution drove creative professionals to adopt computers, thank Adobe. You can argue that MS software creates standardization and makes PCs cheaper, but that is a very weak argument because of how the ridiculous prices they can set for their software through their monopoly powers (don't argue that point, it has been proven in court) inflates the price of PCs. It seems to me that YOUR computer history starts in the 80s, when MS was a real force and not yet another developer.
I am not a MS basher, I use Office 10 and it is a good product. I don't conisder it innovative or great however, and it didn't drive my computer purchase; programs from companies that innovate, not standardize, did that.
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Re:17576 TLDs
/.
I don't know why someone modded you to "funny" - I think the idea is eminently practical.
We could check with Paul Vixie to be sure (keeping in mind he is, um, "a man of strong opinions" :)) but I don't think it would be too tough to scale BIND up to 17576 TLDs. Theoretically, the number of actual domain names would remain nearly constant anyway, since the companies with multiple names could drop down to one truly descriptive one.
As for the .tld domain, that's the perfect place to keep the index of what the other TLDs mean! In trademark law names are distinct within a sphere of influence or "class" - since Acme Machine Tools and Acme Supermarkets exist in different classes, there is no valid trademark infringement. The address www.sex.tld would be a page defining the business ventures allowed to own unique names in the .sex TLD, for example.
I think you are on to a good idea, and one that might eventually come to pass simply because of the strong evolutionary forces affecting the DNS. ICANN can't keep their stranglehold forever.
--Charlie -
Re:Article brings out where Apple went wrong...
Hate to break it to you, but Visicalc was not a M$ product. M$, at the time, was only really doing languages.
Visicalc was a VisiCorp product. I remember, because I did my comic book collection in it on my 80 character Franklin 1200 with built-in shift-key modification and dual floppy...
Your Working Boy,
- Otis (GAIM: OtisWild) -
This is a Good Thing (tm).
This is good because it ensures the long-term survival of Blogger. The licensing deal gives Pyra Ltd. the money to continue to maintain (and scale) its servers, upgrade the technology, and possibly work on a more viable business model (like selling Blogger Pro, or finally completing the underlying architecture, the project-management software simply called Pyra).
Meanwhile, the most popular and easiest-to-use weblog-software gets an even bigger audience, through Trellix partners such as About and Tripod. Soon people at those services will have something like a checkbox option to start a blog; won't that be an explosion! This will lead to competitive pressure for other services like Geocities to offer something similar.
For those of you too young to remember, Dan Bricklin of Trellix is one of the original independent software developers, from back in the 1980s. His first major product, Visicalc, basically invented the spreadsheet program concept from scratch. [You can even download an MS-DOS executable!] Maybe someone else would have had the idea of putting a paper spreadsheet on the screen and letting you enter not only numbers but equations, but he was the first, and it revolutionized the PC industry. Later he was responsible for Dan Bricklin's Demo (a quick way to mock-up several screens of potential software for clients, sort of a mix of Powerpoint and Flash in its day -- and still sold as Demo-It!), and then Trellix, which was ahead of its time as a templating engine. Templates are all the rage now, but they weren't an obvious next way to go a few years back.
And basically it shows what kind of a guy Bricklin is; his company could easily have jealously set out to clone Blogger instead, but he saw an existing userbase and brand and also saw a way to redeem karma points (you know, the OLD kind of karma points, the kind that accumulate until you die) by saving a company roughly the way that Lotus (in those days the #2 or #3 commercial software vendor) saved HIS company way back when.
Blogger is certainly limited in some ways. It's dead simple, which makes it easy to set up for your grandma, and it offers online posting from almost anywhere. But it doesn't have discussions (said to be in unreleased Blogger Pro) and it doesn't let you do anything outside the blog format, so you can't use it to manage your entire site. And if you're at /. you may be interested in hacking code anyway. In that case there are certainly alternatives -- LiveJournal and Greymatter among them, and sliding up to the big boys like Slashcode, Zope and PHP Nuke. (There are also the hosted solutions, like Pitas or Dave Winer's Manila, itself the center of an interesting tangential experiment in content-management, Radio.) Those are certainly better for managing a wide-ranging site, and they allow membership and member content creation as well.
I started out with Blogger (I was one of the first users), and though I've been working with a couple of the more comprehensive products behind the scenes, for other purposes, I still do my weblog with Blogger. There's just no reason to change. And now with the Trellix investment, I don't have to worry about Pyra doing the fish-on-the-beach thing.
Just remember that not everyone is interested in -- or capable of -- hacking code just to post their thoughts every day. If you want to play with code, and I have no problem believing that's true of most Slashdotters, Blogger may not be right for you. But it's probably right for a lot of people.
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lake effect weblog