Brian Micklethwait's Blog
In which I continue to seek part time employment as the ruler of the world.Home
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Category archive: Intellectual property
Well, the New Year (even though the New Year is actually getting quite old now) Resolution here, to blog early, and sometimes even to blog often, is working well. I haven’t delayed going to bed because of this blog for about a week, and I sense that this may even continue.
Friday is my day for cats, and now also for other creatures, and already this Friday, even though it not yet even the middle of the day, there has already been a posting here about dogs. Republican dogs. That posting is right below this one, but there’s the link anyway.
And here now is another creature posting, about a truly unique other creature - half cat, yes, but also half dog, half bee, half zebra, and wholly suitcase - of the sort that kids can ride, at airports, to stop them getting bored:
Apparently Trunki made the first of these, and then some Hong Kong guys did a cheaper knock-off, and Trunki complained. Trunki lost.
These cases - the physical (suit)case and the legal case - illustrate the fine line that divides a design from an idea:
But five Supreme Court justices unanimously disagreed, and ruled in favour of PMS on Wednesday – stating that while it had “sympathy for Magmatic”, the “Design Right is intended to protect designs not ideas”.
It looks a lot like a design being copied to me. Not that I mind. And actually, I think the Hong Kong version is better, because the original can’t make up its mind whether its eyes are eyes or horns. HK case resolves this by having eyes and horns.
PMS website: here.
Anyone trying to fly a UAV over the outdoor sets where the next installment of the Star Wars saga is being filmed in Croatia might be met by drones owned by the production company.
I knew there were such things, but it’s good to actually read about them.
The fun really starts when drones on spy missions like this are also armed, so they can fight off the drones that attack them.
Drone v drone fighting is going to be a spectacular sport, just as soon as it starts getting organised.
When me and the Transport Blog gang visited the Farnborough Air Show, way back when we did, it was good, but it felt rather antiquated. Drone v drone contests – real contests – would liven that up no end.
What follows is one of the better commentaries on British politics that I have recently read. It is pertinent to the current dramas involving Jeremy Corbyn and what appears now to be his likely victory in the Labour Party leadership election, because it focusses on something which I think has been somewhat neglected by other commentators, namely the weakness of Corbyn’s opponents. It is by former Conservative Party Leader William Hague.
But since the Telegraph only allows me to see thirty (I think it is) articles each month before it blocks me (for about half the month), and since I never blog about things that my readers can’t read just by clicking on a link, which means that I am actually not interested in things that readers can’t read just by clicking on a link, here is the piece, here, in full. Now I am able to be interested in what follows, because here it is.
The original article contains links to other Telegraph pieces. These I have reproduced. But I have not checked if they work, because I don’t want to exhaust half my allotted Telegraph links with the month hardly having started.
If the Telegraph asks me to remove it from here, I will immediately remove it, and will instead replace what follows with smaller quotes and further commentary. And then I will lose all interest in it, except perhaps as an interesting little event concerning the rights and wrongs of intellectual property.
In late 1997, having rather rashly taken on the job of Leader of Her Majesty’s Opposition, I discussed with the new prime minister, Tony Blair, which of us had the most difficult job. “You have,” he said, without a moment’s doubt.
Blair was right. And that job was doubly more difficult because it was one pitched every day against him, the most formidable electoral opponent the Conservative Party has faced in its entire history. Before him, Labour had only twice since its foundation won a decisive majority; with him it did so three times in a row.
Although he is despised in Labour’s current leadership election, Blair was a Tory leader’s worst nightmare: appealing to the swing voter and reassuring to the Right-leaning, it was hard to find a square on the political chessboard on which he did not already sit. When people told me I did well at Prime Minister’s Questions, I knew I had to, since I had very little else going for me at all – I had to raise the morale of Conservatives each Wednesday to get them through the frustration and impotence of every other day of the week.
Blair courted business leaders and Right-wing newspapers, often to great effect. He was a Labour leader who loved being thought to be a secret Tory, a pro-European who was fanatical in support for the United States, a big spender who kept income taxes down, an Anglican who let it be known he wanted to be a Catholic and regularly read the Koran. He could be tough or soft or determined or flexible as necessary and shed tears if needed, seemingly at will. To the political law that you can’t fool all of the people all of the time he added Blair’s law – that you can make a very serious attempt at it.
This was the human election-winning machine against which some of us dashed ourselves, making the Charge of the Light Brigade look like a promising manoeuvre by comparison. Yet now, only eight years after he left the scene he dominated, his party’s election is conducted with scorn for the most successful leader they ever had.
The first reason for this is the truly extraordinary rule allowing huge numbers of people to join up for the specific purpose of selecting the new leader. If there was an NVQ Level 1 in How To Run a Party, the crucial nature of the qualifying period to vote in a leadership election would be on the syllabus, possibly on the first page. Every student plotting to take over a university society knows that the shorter that period, the easier it is to mount an insurgency from outside. But this basic fact seems to have escaped Ed Miliband, along with every other possible consideration of what might happen after his own unnecessarily rapid departure.
The result of this is that Labour’s leader is being chosen by a largely new electorate, with correspondingly little sense of ownership of the party’s history, in which the desire to align the party with their own views outweighs any sense of duty to provide the country with an alternative government.
The second reason is the weakness of the mainstream candidates to an extent unprecedented in any election in a major party in British parliamentary history. Even in 1935, an even darker time for the Labour Party when it had far fewer MPs than today, the leadership election was between Clement Attlee and Herbert Morrison: great names that are etched into our history. This is the first election of a Labour leader in which none of the candidates look like they could be prime minister five years later.
This weakness partly explains the third and most significant factor in what appears to be, in the form of Corbynmania, a sharp move to the pre-Blair, old-fashioned, Michael Foot-was-a-moderate, Seventies Left, which is that none of them has been able to articulate what a social democratic, centre-Left party should stand for in the first half of the 21st century.
Blair’s ability to win elections was not accompanied by a coherent philosophy. The seminars he held with Schroeder’s German SPD and Clinton Democrats on the “Third Way”, the ultimate attempt at government by triangulation, collapsed in ridicule. And the question neither Labour’s candidates nor their socialist colleagues abroad can now answer is – in a century in which markets dominate, more power passes to consumers, technology gives more choice by the day to individuals, working lives are more flexible than ever, and class-based voting is dying out, what is the role and purpose of the moderate Left?
You can scan in vain the speeches of Yvette Cooper, Liz Kendall and Andy Burnham for a clear answer to this question, although I do not necessarily recommend it unless you find it hard to sleep. You might think there is a modern social democratic case to be made that some people – the less educated, unskilled, and immobile – could miss out on the benefits of the information revolution and that changing that is a new purpose of the centre-Left. Instead, in Britain and across Europe, it is left to fringe parties to prey on those dissatisfied with the vast and rapid changes in modern society.
And most revealing of all, those same speeches (yes, I really have read them), point to no model abroad of the Left in power, no hero to be admired or policy to be emulated. The main parties of the Left have turned into partners of conservatives in Germany, reformist liberals in Italy, back-pedalling socialists in France, catastrophes in Latin America, and been annihilated by extremists in Greece. There is still a Socialist International, but there is no longer a common ideology to underpin it.
Seen in this context, the agony of Labour’s leadership election is easier to understand. This is a tribe lost in a desert with no star to follow, and no inspirational leader to point to a new one. Across the world, parties that thrived on the socialist ideals of an industrialising society are losing their relevance, and what we are witnessing is a symptom and dramatic demonstration of that fact.
Faced with that awful reality, Labour is turning to something, anything, that seems authentic, passionate, and consistent. The failure, in Britain and abroad, to find the social democratic version of that is a failure of historic proportions.
Here are two people whom Mick Hartley recently encountered. He photoed them and stuck the picture up on his blog. And I reproduce it here:
So, how come this flurry of privacy violation? Hartley explains. (There are several very heavy hints in the categories listed below.)
Somewhere between posting a photo of totally recognisable strangers that you took without their permission in 1930 and posting a photo of totally recognisable strangers that you took without their permission yesterday afternoon, there is a line. I took this photo ...
… in 2007. Did I cross that line? Perhaps. But they just look so great, and so happy. When it comes to totally recognisable strangers who look bad in the photo I took of them without their permission, I think I’d give it another decade or two.
I love all the white space behind and around them. It makes them look, in combination with the signpost, like a piece of sculpture. That spot often does that. Which is why it is one of my favourite photographic spots in London, up the steps that are attached to Westminster Bridge on the north side, looking up over the road towards the Houses of Parliament.
When it’s finished, it will look, according to the picture on the outside of the site (which is an outdoor hard copy of the first picture here), like this:
Here is what it and its surroundings will look like from above. My home can be found in that picture, this Thing being only a short walk away from it.
But, as of now, in contrast to the above simulations, it looks like this, which I think I somewhat prefer (what with all that lovely scaffolding):
Hang on. Is that a Christmas tree I see up there (in among all that lovely scaffolding)? Yes it is:
After I started taking photos of this Thing Under Construction, together with its Christmas tree, one of the men doing the constructing made “stop doing that” gestures. I was standing on a public pavement. They were building a small skyscraper with a Christmas tree on the side of it. Did they think they could keep this secret, and impose martial law for a quarter of a mile around all this? I just laughed out loud and carried on, and of course they did nothing about it.
Can you spot why “Sculpture” is included in the category list below?
Click to get them bigger. If you want to recycle these photos, please feel free, with or without gratitude to me. Email me (see top left where it says “Contact") if you’d like any of them bigger.
As discussed in this earlier posting, here is a chunk of Frisby, from his book Bitcoin: The Future of Money? (pp. 197-201 – the chunk entitled “Beware the hype cycle"). And for the reasons stated in that earlier posting, this posting might rather suddenly disappear, so if you feel inclined to read it, do so now. And then when you have, buy the book and tell me that you have done this in the comments, because this might cheer up any passing authors or publishers:
There is a cycle that a new technology passes through as it goes from conception to widespread adoption. The research company Gartner has dubbed it the ‘hype cycle’. It has five phases: the technology trigger, the peak of inflated expectations, the trough of disappointment, the slope of enlightenment and the plateau of productivity.
In the first phase the new technology is invented. There is research and development and some early investment is found. The first products are brought to market. They are expensive and will need a lot of improvement, but they find some early users. The technology clearly has something special about it and people start getting excited. This is the ‘technology trigger’. The internet in the early 1990s is a good example.
As this excitement grows, we move into the second phase. The media start talking about this amazing new technology. Speculative money piles in. All sorts of new companies spring up to operate in this new sector. Many of them are just chasing hot money and have no real product to offer. They are sometimes fraudulent. This new technology is going to change the world. The possibilities are endless. We’re going to cure diseases. We’re going to solve energy problems. We’re going to build houses on the moon. This is the ‘peak of inflated expectations’. This was the internet in 2000.
But at some point, the needle of reality punctures the bubble of expectation, and we move into the third phase. Actually, this technology might not be quite as good as we thought it was; it’s going to take a lot of work to get it right and to make it succeed on a commercial scale. A great deal of not particularly rewarding hard work, time and investment lies ahead. Forget the ideas men – now we need the water-carriers. Suddenly, the excitement has gone.
Negative press starts to creep in. Now there are more sellers than buyers. Investment is harder to come by. Many companies start going bust. People are losing money. The hype cycle has reversed and we have descended into the ‘trough of disappointment.’ This was the internet between 2000 and 2003.
But now that the hot money has left, we can move into phase four. The incompetent or fraudulent companies have died. The sector has been purged. Most of those that remain are serious players. Investors now demand better practice and the survivors deliver it. They release the second and third generation products, and they work quite well. More and more people start to use the technology and it is finally finding mainstream adoption. This was the internet in 2004. It climbed the ‘Slope of Enlightenment’, the fourth phase of the hype cycle, and entered the ‘Plateau of Productivity’ - phase five - which is where the likes of Google, Amazon and eBay are today.
Of course, cycles like this are arbitrary. Reality is never quite so simple. But it’s easy to make the case that crypto-currencies in late 2013 reached a ‘peak of inflated expectations’.
Perhaps it was not the. It wasn’t Bitcoin’s dotcom 2000 moment – just a peak on a larger journey up. Many Bitcoin companies, for example, are not even listed on the stock market. Greater manias could lie ahead.
But it’s also easy to make the case that it ws the peak of inflated expectations. In the space of three or four years, Bitcoin went from an understated mention on an obscure mailing list to declarations that it was not only going to become the preferred money system of the world, but also the usurper of the existing world order. At $1,000 a coin, some early adopters had made a million times their original investment. Speculators marvelled at the colossal amount of money they were making. The media were crazy for it. Bitcoin was discussed all over television.
It caught the imagination of the left, the right and the in-between. Computer boffins marvelled at the impossibly resilient code. Economists and libertarians marvelled at the politics of a money without government or border. There were early adopters, from the tech savvy to the black markets (black markets are usually quick to embrace new technology - pornography was the first business sector to actually make money on the internet, for example).
Every Tom, Dick and Harry you met under the age of 30 with an interest in IT was involved in some Bircoin start-up or other. Either that or he was designing some new alt currency - some altcoins were rising at over a thousand per cent per day. ‘Banks, governments, they’re irrelevant now,’ these upstarts declared.
I suggest that in late 2013 we hit the peak of the hype cycle - the peak of inflated expectations. Now Bitcoin is somewhere in the ‘trough of disillusionment,’ just like the internet in 2001. The price has fallen. There have been thefts. Some of the companies involved have gone bankrupt.
The challenge now is for all those start-ups to make their product or service work. They have to take Bitcoin from a great idea and a technology that works to something with much wider ‘real world’ use. They have to find investment and get more and more people to start using the coins. This is a long process.
There are many who will disagree with this interpretation. And, with investment, it is dangerous to have rigid opinions – I reserve the right to change my mind as events unfold.
From time to time I like to stick bits from books up here, usually quite short, but sometimes quite long.
With the short bits, there is no legal or moral problem. Fair use, etc. But with the longer bits, there might be a problem. Here’s how I operate. I put up whatever bit it is that I think deserves to be made much of, on the clear understanding that it might disappear at any moment. Because, if anyone associated with the book I have got my chosen bit from complains and says please remove it, I will do so, immediately.
Many might think that such persons would be being rather silly. I mean, what better way could there be to reach potential readers of the entire book in question than for readers of a blog, and a blog written by someone who already likes the book, to get to read a relatively small chunk of it? Win-win, surely. Because of course, I only put up big chunks of writing if I approve of what the chunks say.
But what if a publisher is trying to insist on the principle, that copyright damn well means what it says? Such a publisher might want to proclaim, and to be seen to proclaim, a no-tolerance attitude to the copying of bigger than small bits of any its books. Even if that particular book might be assisted by this particular recycled chunk being here, the larger principle might feel far more significant to the publisher. That principle being: If we allow this, where will it then stop?
And I get that. As I say, if any publisher or author did complain, for these kinds of reasons or for any other, then I would get it, and the bit from the book in question would at once vanish from this blog. So far, I’ve had no such complaints. Which could just be because they reckon this blog to be too insignificant to be worth risking a fight with. They wouldn’t have a fight, but they might have a rule about letting sleeping puppies, like this one, lie.
Whatever. All I am saying here is that if I put up a big bit of a book, and anyone connected to that big bit cries foul, then the big bit will immediately vanish from here, with no grumbling, or worse, self-righteous campaigning, attempts to mobilise other bloggers, etc. etc.
Think of all this as an example of Rule Utilitarianism. And I am myself a Rule Utilitarian. My libertarian beliefs are not the absurd claim that libertarianism is inscribed into the very physical fabric of the universe, an inherent fact of life itself, which we humans either recognise or fail to recognise, but which are there anyway. Tell that to the spider I just squashed into the pavement on my way home to write this. No, I like libertarianism because it works. Libertarianism is a set of basically fairly simply rules which all we humans either choose to live by or choose not to live by. If we choose to live by these rules, life is good, happy, comfortable and it gets better and better. If we don’t live by such rules, life goes to shit and stays there.
And here comes the Rule Utilitarian bit. Even if this particular bit of thieving, by the government or just by some bod like you or me, is very insignificant, and even if what the government or the bod like you or me wants to spend its or his or her ill-gotten gains on is wonderful, absolutely wonderful, my rule says: No. Not allowed. Don’t get into complicated discussions about just how little thieving is too little to be bothering about, or just how noble a noble project has to be for it to be noble enough to be financed by a spot of thieving, because that way lies the slippery slope we are now on, where the government gobbles up at least half of everything, to very little benefit for anyone other than itself. Stick to the rule. No thieving, no matter how petty its scale or how noble its supposed object.
So, I get Rule Utilitarianism. And if any publisher decides to inflict his Rule Utilitarianism, in the manner described above, upon me, I would get that, and act accordingly.
What got me wanting to spell all this out is that I have recently been reading Dominic Frisby’s excellent Bitcoin book, and I find myself wanting to put bits of it up here, quite longish bits. And in general, having just followed the link at the top of this and read some of them, I feel that postings of this sort are among the better things that I do here, and I want to do more of them. But, to all of the bits from books that will follow, I want to attach the above mentioned caveat about how the verbiage that follows may vanish without warning, and a link to this posting is the way to summarise what is going on in my head without me banging on for however many paragraphs there are here.
Can you quotulate a picture? I just did. I just quotulated a picture of a Canadian train leaving a Canadian railway station, in this posting, at Quotulatiousness.
The original picture, I thought when I saw it, was good, but mostly what I thought it was was good in parts. So, I sliced out the parts that I particularly liked, and I now feature those best bits here:
I also did a bit of rotating.
What I like is the reflection of the train, and the shadows, and especially the shadow of the photographer, a digital photographer thing that I always enjoy, both when I do it, or when others do it.
By homing in on these merits, I believe I draw more attention to them than did the original taker of the photo.
LATER: The Quotulator quotulates me.
Indeed. You don’t see this kind of thing every day:
But I did. Today.
As a general rule, I don’t advise combining ice cream with photography. Do one or the other. That is the rule I recommend. But these guys were doing an excellent job of merging these two things, and they weren’t just eating their ice creams and doing photography. They were photoing their ice creams.
I congratulated them for the excellence of their photographic imagination, and they were really pleased to hear this. I asked if I could photo them. Yes, they replied. And when I said “photo”, I meant, as they surely understood, photo them and put pictures of them up at my blog:
I also took lots photos of a demo outside Parliament by Kurds, demanding help from Britain in their battles against ISIS. Maybe (I promise nothing) I’ll put some of those snaps either here or on Samizdata, perhaps tomorrow.
The Guru was finally able to deliver God/Godot this evening, but he only just finished, so time only for a quota cat, photoed by me in Tate Ancient yesterday:
More about that picture here. It’s by David Hockney.
I didn’t know that you are allowed to take photos in the Tate, but I did so with increasing confidence. There were official looking people well able to intervene and stop me, if they had wanted to. But, they didn’t. Interesting. Was that always the rule, or is it only recent, in response to an irresistible tidal wave of students taking notes with their iPhones?
I like to browse through Jonathan Gewirtz’s photos from time to time, and on my latest browse I came across this photo, of a brightly lit building in Urban Florida. Miami? Don’t know, and it doesn’t matter.
What particularly got my attention was the fact that Gewirtz included in the picture: his own shadow.
I have taken the liberty of reproducing this detail here. “Copyright ©2011 Jonathan Gewirtz” is what it says just before saying “jonathangewirtz.com”, but I trust my little excerpt does not break any rules. (Rules often being the point of copyright violations, I’m guessing. Maybe this particular copyright violation, on its own, would not be a problem, but once the line is crossed, by anyone ...) If Gewirtz wants this little piece of his work removed, he has only to say and it will be removed forthwith.
Okay, with that out of the way, the point that I want to make here is that I suspect that this thing of including your own shadow in pictures is a practice that has filtered upwards to the Real Photographers like Jonathan Gewirtz, from us digital amateurs.
Your own shadow in the picture often starts as a mistake, but then you think: well, okay, that’s my shadow, but what’s so wrong with that? I was standing there, with the sun behind me. I mean, did you think this wasn’t a photograph, and that someone standing there throwing a shadow into the picture wasn’t even there? Did you think that God took the picture? Cameras gobble up whatever they see in that moment, and in this moment, for instance, my shadow was part of what it saw. Often, the shadow is all there is, and very amusing it is too.
The crux of the matter is, I think, who the picture is for and what the point of it is. Is it for someone else, someone paying? Is perhaps a happy couple being photographed on their wedding day? In which case, they are the point, not the photographer. Likewise if the point is to photo this dish of salad, or that house interior, or this beloved pet or that sports team, well, the Real Photographer is not being paid to insert himself into the scene, and he will be careful not to.
But if, on the other hand, you are a snapper who is just having a bit of fun, then why shouldn’t you, the snapper, also become your own snappee?
But the thing is, when Real Photographers are out having fun, the way Jonathan Gewirtz presumably is when taking photos in Miami or wherever, just because he likes to, they are liable to take their ingrained Real Photographer habits of self-effacement with them. So, interesting that Gewirtz did not do this, at any rate not this time.
I’ll end with a slice out of one of these photos:
The crooked forefinger being mine.
This is one of my favourite Big Thing Alignment shots, to be observed by emerging from Oval tube and walking north east along the A3. Do that, and you soon see Strata in the distance, and directly behind it, the Shard, thus:
These shots are two of many such that I took on June 25th 2012.
On the left: the heart of the matter. On the right: the context. Often, when you have a zoom lens, you show the zoomed shot, and neglect how it actually looked, along with all the other stuff you could see. When I say “you” I of course mean “I”.
I worked out that this shot might be there for the taking by looking at the map. Strata is at the Elephant and Castle, which is the big yellow roundabout in the middle of this map:
And the Shard is at London Bridge railway station, top right.
What this shows, I think, is another contribution made by technically rather poor photographers like me. We may not take our pictures that well, from the point of view of using the right cameras, lenses, f numbers, and general technical jiggery pokery. But we often take great shots, as in, we often take great shots rather badly. A technically better photographer might see this posting, and say to him or herself: Hey I like that shot. I’m going to go out there and do it again, properly, while crediting the person who first did the shot and thus showed me that the shot was gettable.
(Are Real Photographers reluctant to do this kind of copying-stroke-improving of amateur shots, for intellectual property (and hence money) reasons? Is there a sense in which, photogaphically speaking, I now “own” this view?)
A similar point could have been made in the course of this posting, which also included a map showing how that shot happened, and where to go to get it. That too was a great shot, done just about well enough to show what a great shot it might have been, but only just.
From Tim Berners-Lee, no less, on the occasion of the twenty fifth anniversary of his glorious invention, the www:
Berners-Lee also mentioned something about a Magna Carta for the web, but I am afraid the cat remark has overwhelmed all that stuff.
Or, maybe the cat angle has drawn attention to the Magna Carta stuff, which would otherwise have been ignored even more. (I am starting to notice many rather irrelevant cats in adverts nowadays.)