Asus The Latest To Recognize That BitTorrent Is Quite Useful

from the it-ain't-evil dept

To hear some in the entertainment industry tell the story, you'd think that BitTorrent was an evil technology designed with no redeeming value whatsoever. But, of course, there are tons of legitimate uses for it in a more efficient and economic way to distribute files by spreading the burden out. It's great for Linux distributions, for example. And now it's nice to see more and more companies recognizing that there's value in using BitTorrent technology to their advantage. Apparently, the latest is computer maker Asus, which is using BitTorrent for many software downloads. As the article points out, this is hardly revolutionary, but it is nice to see large corporations recognizing the usefulness of the technology.

Filed Under: bittorrent, distribution, software, usefulness
Companies: asus

Intuit Pays $120 Million 'Don't Sue Us' Tax To Intellectual Ventures

from the money-wasted dept

It's no secret that I have tremendous problems with Nathan Myhrvold's Intellectual Ventures, which many have described as the world's biggest patent "trolling" operation. The company has raised a ton of money and uses it to buy up thousands of patents. While it hasn't sued anyone, Myhrvold has made clear that's always an option. The company has remained incredibly secret, but it has somehow convinced some big companies to pay hundreds of millions to IV. Due to the secrecy, the details aren't clear -- and some of the deals apparently are a mix of "licensing" and an equity investment. But, still, the numbers are stunning. The latest, as pointed out by Stephen Kinsella is that Intuit has apparently paid $120 million to IV. For what? The right not to get sued. Think about that for a second. This is a pure dead weight net loss to society. It's $120 million that Intuit could have put towards further innovating, or to pay off investors via a dividend. Instead, it goes towards nothing productive, in terms of actually creating new products. It will now likely be used to buy up more patents so that IV can get similar black hole money grabs from other companies, as well. It's like a black hole where real innovation goes to die.

Filed Under: patents, software
Companies: intellectual ventures, intuit

Student Wins Against Professor's Threats Over Posting Code Online

from the code-is-speech dept

Reader Kyle Brady writes in to tell us his own story about how he fought back against one of his Computer Science professors, who threatened to fail him because he posted the code he wrote online. Kyle is a CS student, and only posted the code after the assignments were due (so it wasn't helping other students). He did so because he figured it might help him find a job to show examples of his coding skills and also because he believes in the value of sharing code. But his professor claimed that it was a violation of school policies, potentially "cheating" and that he could fail Kyle. Kyle responded by going through the school's Academic Integrity Policy, and not finding anything that he violated. When the professor did not agree with Kyle's response (to put it mildly), Kyle contacted the CS department head and explained his position. The department head researched the situation and finally agreed with Kyle that there was no violation of academic policy -- and, more importantly, that professors could not bar students from posting their code online or penalize students from doing so.

I have to admit that I'm rather surprised that a separate issue did not come up. That is, many schools make students sign something saying that any code they create as a student has the copyright automatically assigned to the school. This has resulted in conflicts, as students are surprised to learn that they can't do anything with the code they created as students. I don't know if SJSU does this or not, but you could see a school claiming that since it holds the copyright on such code, that it could prevent students from posting the content. Luckily, that does not appear to be the case in this situation.

Filed Under: code, software, students

Thomson Reuters Lawsuit Against Competing Software Product Dismissed

from the reverse-engineering-allowed dept

Last year, we wrote about the troubling lawsuit filed by Thomson Reuters claiming that George Mason University, the makers of an open bibliography software, Zotero, had violated its copyright by reverse engineering the file format used by Thomson Reuters' own proprietary bibliography software, EndNote. Zotero could open bibliographies created in EndNote and then resave them in an open format -- a very useful tool that should be perfectly legal -- but which Thomson Reuters claims violated its license agreement, which bars reverse engineering. Luckily, a judge has tossed out the lawsuit, though (as of right now) it's not entirely clear what the reason for the dismissal was (the ruling doesn't appear to be anywhere online, and the reports on it don't seem to have the details either). Hopefully, Thomson Reuters takes the hint and drops the case, but there's probably a half-decent chance that it will refile the suit or appeal. However, one hopes that the company realizes that felony interference with a business model isn't a crime, and reverse engineering has been held to be perfectly legal. Also, wouldn't it be nice if the company focused on competing by innovating on tools and features, rather than trying to sue competitors out of existence? Update: There's a great analysis of the complaint, that goes much more deeply into the details -- and corrects some misperceptions in this and the earlier post (though, I'd still argue it's copyright law that makes the license enforceable in the first place).

Filed Under: competition, copyright, endnote, reverse engineering, software, zotero
Companies: george mason university, thomson reuters

Canadian Patent Office Rejects Software And Business Model Patents

from the one-click-to-reject dept

While the US Supreme Court will soon be considering the question of software and business method patents (and the US Patent Office is still reviewing whether or not Amazon's "one-click patent" is valid), up North, the Canadian Patent Appeal Board (CPAB) appears to have resolved both issues by rejecting all software and business method patents in explaining why it's rejecting Amazon's one-click patent in Canada. Basically, the CPAB found that since software and business method patents haven't been allowed in the past, even if they're not explicitly forbidden by the patent law, it's such a big change that it should require legal action to allow them:

"since patenting business methods would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable."

This actually makes a fair amount of sense. In the US, once the State Street case was decided, there was suddenly a mad rush to patent business methods and software, and part of the problem was that because so many people had considered the two unpatentable before, there wasn't the same set of prior art in the patent system that would have eliminated the worst abuses.

Filed Under: business method patents, canada, patents, software, software patents

Is The BSA Purposely Promoting Open Source Alternatives?

from the just-wondering dept

The BSA's actions often seem so short-sighted that it makes you wonder if the organization is actually working against the interests of its membership on purpose. We've detailed in the past how the BSA loves to trot out bogus stats to support its claims about software piracy rates and the supposed "damage" it does to the economy -- but a bigger issue is the practice of BSA software audits. A year and a half ago, the Associated Press exposed the BSA's auditing practices as being highly questionable, bordering on what many would consider to be outright extortion. The organization targets lots of small companies and has no mercy. So even if it was a simple misunderstanding over what a hugely complex software license allowed, the BSA still demands money. And the most stunning part? The BSA keeps the money. According to the AP piece, the BSA (unlike some other organizations) does not distribute the money it gets from fining companies for software licensing violations.

But the bigger issue is that these practices, which are productivity killers for companies, and make many small businesses feel like their software vendors are treating them like criminals, are driving companies to look for alternatives from providers who won't accuse them of infringement at the drop of a hat, and send in a bunch of auditors. Especially in the middle of an economic downturn, treating customers as if they're criminals isn't a very good strategy.

So, what is the BSA doing? Yes, that's right, it's pumping up its software audit program, sending 1,000 audit letters to companies in London, officially demanding they detail their software usage -- while unofficially acting as a tremendous advertisement for open source software, where providers don't treat their customers as if they were criminals.

Filed Under: audits, software
Companies: bsa

BSA Releases BS Numbers Yet Again, Then Says Don't Pay Attention To The Numbers

from the funny-stuff dept

Well, it's the middle of May, and that means (like clockwork) the Business Software Alliance (BSA) and IDC have come out with their annual bogus numbers about software "piracy." They do this every year, despite the fact that their numbers have been totally and completely debunked for years. Last year, they were kind enough to call to discuss my concerns, but stood by the idea that every unauthorized copy can be reasonably counted as a lost sale.

This year, they didn't bother to call.

Instead, it looks like they sought out other publications to pre-publish an attack on anyone who would criticize the numbers. This is pretty funny stuff, actually. They release the totally bogus numbers year after year (even though even the mainstream press has started questioning the ridiculousness of it), and then rather than actually responding to the criticism and perhaps trying to come up with more reasonable numbers, they slam those of us who point out that the BSA is flat out trying to mislead people into believing the "problem" of unauthorized copies is a much bigger issue than it really is.

Meanwhile, Michael Geist digs into the numbers that the BSA has provided, and notes that even if you believe the numbers, they don't seem to support the BSA's own position that countries need to implement the WIPO Copyright Treaty to decrease the unauthorized use of software. So, we've got bogus data that doesn't even support the BSA's own position.

Why does anyone actually take anything the BSA says seriously?

Filed Under: piracy, software, stats
Companies: bsa

Software Developer Liability Up For Debate In Europe

from the this-again... dept

A few years ago, there was a lot of attention paid to the question of whether or not software developers should be liable for bugs and security holes found in their software -- with some even suggesting that "lemon laws" should be extended to cover software products, allowing people to return software that was excessively buggy. In a 2005 discussion on the subject, we suggested that adding such liability wouldn't do much good, because software will pretty much always be buggy in some form or another. While we hadn't heard much on the issue lately, it appears that it's back up for debate in Europe, where the European Commission wants to make developers liable for buggy code.

What's really odd here is the reasoning being given, as one of the commissioners backing the plan claims: "more accountability for software makers, and for companies providing digital services, would lead to greater consumer choice." Really? Increasing liability would increase consumer choice? Somehow I doubt it.

While I can understand the argument that buggy software is bad, and it sucks when people buy something that is less than promised, it's difficult to see what a law can do to fix it. This really does seem like a case where the market is better suited to fix the problem. If you build a buggy product, that is just an opening for someone else to build a better product.

Filed Under: europe, liability, software

Stardock CEO: Focus On Your Customers; Don't Worry About Pirates

from the exactly dept

Given our earlier posts about Stardock's new game, Demigod, and how the company was dealing with the fact that there were plenty of unauthorized copies, this shouldn't be a surprise at all: The company's CEO has taken to his forums to make it clear that, while no one likes unauthorized copies, his job is not to worry about "pirates," but to focus on pleasing his customers. And on that front, the game has been a huge success. In his post, he points out that even if the game had been a failure, he wouldn't be blaming it on pirates, but on the company's own mistakes -- but, of course, the game hasn't been a failure. It's been selling like crazy.

This isn't new or surprising. It's what Stardock has always said. And it's the same sort of attitude that others who have found success with content these days have had, as well. It's never pleasant to find someone is copying content/software/whatever you've made, but you can't worry about them. It's a waste of time and effort. People will always make unauthorized copies, and any effort to stop them will only hurt those who actually want to give you money. So focus on providing real value for those who want to buy, and stop worrying so much about everyone else.

The reality that most PC game publishers ignore is that there are people who buy games and people who don't buy games. The focus of a business is to increase its sales. My job, as CEO of Stardock, is not to fight worldwide piracy no matter how much it aggravates me personally. My job is to maximize the sales of my product and service and I do that by focusing on the people who pay my salary -- our customers.

You can waste an awful lot of energy and resources "fighting pirates" and losing, or you can focus on actually serving your customers and making money. Which seems more intelligent?

Filed Under: business models, customers, demigod, piracy, software
Companies: stardock

Software Business Model: Adopt A Line Of Code

from the for-just-the-price-of-a-cup-of-coffee... dept

A few different people have sent in this story about how the developers behind Miro, an open source video watching software, are experimenting with a different sort of business model to support the development of the software: adopt a line of code. It's a cute little gimmick, but it is a creative way to get some attention and give people an additional benefit for supporting the project. They even offer a little widget that you can use to show off the line of code you adopted. I'm not sure how well this will work longterm, since it's more about the gimmick than providing some sort of scarce value, but it's still worth noting.

Filed Under: adopt a line, business models, code, miro, software