I Don't Believe in Imaginary Property writes "The Los Angeles County Board of Supervisors has declared that copyright infringement 'substantially interferes with the interest of the public in the quality of life and community peace, lawful commerce in the county, property values, and is detrimental to the public health, safety, and welfare of the county's citizens, its businesses and its visitors.' You might laugh, but that means they can close up a property for up to one year for violations of the anti-infringement ordinance [PDF] and the owner can be fined $1,000 for each infringing work produced on site. Not to mention the penalties in the PRO-IP Act, which just sailed through the House."

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The GNU General Public License heads to court again today, as Skype attempts to defend its distribution of Linux-enabled SMC hardware handsets that appear to be in violation of the operating system's open source license. It's easy to guess why Skype is fighting the suit, which was brought by GPL activists: the company relies on a proprietary protocol, and releasing the code could give competitors an advantage. You can't blame them for trying. Although in the past few years the GPL has made important strides in establishing its legal enforceability, it's still conceivable that a court could find something wrong with its unusual, viral nature.

Few think that this will be the court case that makes or breaks the GPL. Skype's already lost early rounds of this fight, and the claims it's now making seem so broad as to imply desperation. Besides, the case is being tried in the German legal system, which to date has proven friendly to the GPL.

But even if the license was invalidated, either in this case or another, there's an argument to be made that the GPL has already served its purpose. Its impact on the world of open source software is undeniable: by ensuring that an open project would remain open, the license encouraged programmers to contribute to projects without fear of their work being coopted by commercial interests. And by making it difficult, if not impossible, for a project derived from a GPLed project to go closed-source, it encouraged many programmers to license their efforts under open terms when they otherwise might not have.

But today, with open source firmly established as a cultural and commercial force, the GPL's relevance may be waning. The transition to the third version of the license left many in the open source community upset and intent on sticking with its earlier incarnations. And an increasing number of very high profile projects, like Mozilla, Apache and Open Office, have seen fit to create their own licenses or employ the less restrictive LGPL. The raw numbers bear out the idea of a slight decline in the GPL's prominence, too: Wikipedia lists the percentage of GPLed projects on Sourceforge.net and Freshmeat.net, two large open source software repositories, as 68% and 65%, respectively, as of November '03 and January '06. Today, the most recently available numbers show that Sourceforge's share has fallen to 65%, and Freshmeat's share has fallen to to 62%.

This is, of course, a small decline, and the GPL remains the world's most popular open source license by a considerable margin. But it does seem as though there may be a slowly decreasing appetite for the license's militant approach to copyleft ideals. I certainly don't wish Skype well in its probably-quixotic tilt at the GPL, but if they were to somehow get lucky at least they'd be doing so at a point in the open source movement's history when the GPL is decreasingly essential.

Tom Lee is an expert at the Techdirt Insight Community. To get insight and analysis from Tom Lee and other experts on challenges your company faces, click here.

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An anonymous reader writes "The Kindle made waves when it came out, but they've now had the chance to calm. How many of you have been using your eBook readers since you've received them? How many of you forgot you had one, and how many of you swear by your reader? I like my single-purpose (well, dual — music player) Sony Reader because I actually use it to read, rather than multitasking myself to death. Is this technology as convenient and useful as you expected?" If not, what refinements or improvements would reKindle your interest?

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We're working to build a scalable, beautiful new TwitterGram, an application built on the super-powerful SwitchAbit platform.

This video, made in 2003, was produced to promote Rebel Visions: The Underground Comix Revolution 1963-1975 by Patrick Rosencrantz. The video has interviews with Gilbert Shelton, R. Crumb, Rick Griffin, Spain Rodriguez, Robert Williams and Justin Green. (I reviewed the hardback edition in 2003 for the LA Weekly) Fantagraphics has just released a revised and expanded paperback edition. Link

Following the story earlier in the week about the death of broadband over powerlines, Broadband Reports points out that even by the FCC's "stunningly meaningless" broadband stats (that tend to inflate access claims), BPL only has 4,776 subscribers. This for the technology that it declared as "the great broadband hope" five years ago. So, once more, with feeling: broadband over powerlines is dead. It's not a serious option.

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Mike Fontanelli wrote a great introduction to cartoon great and unrepentant hippy hater Al Capp and his Dick Tracy parody, Fearless Fosdick. The post includes the first 20 pages (scanned in high res) of the first Fearless Fosdick story, "The Poisoned Bean Case."

"The Poisoned Bean Case" is, simply put, one of Capp's masterpieces. It seems to be a special favorite with fans too, both for its astronomical body count and its sheer outrageousness. Believe it or not, this blood-drenched parody ran in family newspapers in the fifties, in Eisenhower's America, on Sundays, no less!

In the following brilliantly demented pages, no one is spared Capp's merciless needle. From the venality of the justice system to the crookedness of the media; from the corruption of big business to the fickleness and stupidity of a complacent populace. The diabolical plot, which concerns product tampering, presages the 1982 Tylenol case by some 30 years.

As a cautionary note to readers encountering this story for the first time: you are hereby warned. It's impossible not to get swept up in the maelstrom of fury that's about to be unleashed. "The Poisoned Bean Case" doesn't so much unfold, as simply detonate! For comics fans who like their irony dark, raw and relentless- we proudly present Al Capp at or near the peak of his powers...

Link

elwinc writes "There's a great New Yorker story about Nathan Myhrvold's Intellectual Ventures company, whose business model is to nurture ideas, write patents, and sell them. Apparently they're filing about 500 patents a year including a passive thorium reactor which consumes waste from conventional reactors. On the lighter side, you can read how Nathan has achieved 'dominant T. rex market share.'" Though we've discussed Myhrvold and his company in the past, the New Yorker focuses more on how incredible it is to have a group of very intelligent people sitting around a table developing ideas.

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Various laws have allowed local governments to declare specific property "detrimental to public health & safety" when that property becomes overrun with drugs, gangs, prostitution or gambling. However, the entertainment industry's hometown gov't in Los Angeles has now expanded the list to include music and movie piracy as well. Whatever you think of unauthorized copying of content, it's difficult to see how you can, with a straight face, claim that it is the equivalent of property being overrun with drugs, gangs prostitution or gambling.

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jcatcw points out a blog entry by Scott McPherson, CIO for the Florida House of Representatives. McPherson condemns the state of data sharing and data mining in law enforcement, saying that the US causes itself a great deal of trouble by focusing more on "antiterror armor and nuke-sniffing devices" than a useful information distribution network. He discusses a few such projects, and how they could have directly affected the events of 9/11. Quoting: "One of those ingenious things that actually worked, Seisint founder Hank Asher's brilliant MATRIX system, remains mired in controversy and politics. Hank showed me MATRIX just a few short weeks after the 9/11 attacks. Using law enforcement data and commercial data, all of the commercial data available in the public domain, Asher's query produced [hijacker Mohamed] Atta's photo -- and about 80 others, many of them fellow 9/11 hijackers, many of them associates of the 9/11 hijackers. It was simple data mining and algorithms, and none of the information was obtained illegally."

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As a bunch of you are submitting, at a panel discussion down in LA, an RIAA representative claimed not only was DRM not dead, but that it was making a comeback. However, the statements show a fundamental misunderstanding of what's happening in the marketplace. RIAA technology guy David Hughes made this statement:

"I made a list of the 22 ways to sell music, and 20 of them still require DRM."

Well, David, I just made a list of 22 ways to sell transportation mechanisms, and 20 of them still require a buggy whip -- but it doesn't mean anyone will buy them. Then, even worse was the statement from the MPAA's Fritz Attaway:

"We need DRM to show our customers the limits of the license they have entered into with us."

Well, there's your problem Fritz. The second you focus on how to limit your customers, you've lost them. No one wants to be limited these days. They want to be able to do what they want and they will reward those who allow them to do so. Treating your customers as people to be limited (i.e., people who you offer less value to) pretty much guarantees that they'll go elsewhere.

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Alex writes "I've just uploaded the video of a piece of classical electronic music I wrote for 2 Guitar Hero controllers and software (which I created). More information about this piece, its software, and the notation involved in playing it is at alexwroten.com/works.asp and alexwroten.com/excuses.html. I just figured people might be interested in finding new ways to use their Guitar Hero mastery ... especially with the hot debate over whether or not it hinders people's musical instruction."

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This post on TechCrunch started a bit of discussion.

Ben Metcalfe posted an interesting video comment there, embedded below.

a boy named woo writes "Tired of justifying your gaming addiction? Now you can really help accomplish something while you play... thanks to Howard Hughes Medical Institute researcher David Baker at the University of Washington." In collaboration with others, Baker has designed a game, called "Foldit," with a practical outcome: players manipulate on-screen images of protein chains and attempt to predict their folding patterns. From the article: "'Our main goal was to make sure that anyone could do it, even if they didn't know what biochemistry or protein folding was,' says [co-creator Zoran] Popovic. At the moment, the game only uses proteins whose three-dimensional structures have been solved by researchers. But, says Popovic, 'soon we'll be introducing puzzles for which we don't know the solution.'"

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Following yesterday's $110 million fine against TorrentSpy, ostensibly for copyright infringement, but really for destruction of evidence, we figured that the whole thing would drop, as the company has already shut down. But... not so fast. The company has decided to appeal, claiming that the result was a Hollywood PR stunt. Given the way the MPAA tried to claim that this ruling acted as a warning to other torrent trackers, he has a point. Still, given the destruction of evidence in this case, it may not be the model case on these issues. There are plenty of other cases, such as those against The Pirate Bay (in Sweden) and isoHunt that will be more important long term.

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Dekortage writes "Although it's been up for a few weeks, today is the official launch of FontStruct, a web-based font creation tool. That's right: in your web browser, you can build your own typeface, and download it as a TrueType font. The site's user agreement requires you to release your creations online under one of the Creative Commons licenses. The typefaces tend to be a little blocky, but it's still impressive (and a great way to pass time)."

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evanbd writes "After over 3 years of work, the Freenet Project has announced the release of Freenet 0.7. 'Freenet is software designed to allow the free exchange of information over the Internet without fear of censorship, or reprisal. To achieve this Freenet makes it very difficult for adversaries to reveal the identity, either of the person publishing, or downloading content' ... 'The journey towards Freenet 0.7 began in 2005 with the realization that some of Freenet's most vulnerable users needed to hide the fact that they were using Freenet, not just what they were doing with it. The result of this realization was a ground-up redesign and rewrite of Freenet, adding a "darknet" capability, allowing users to limit who their Freenet software would communicate with to trusted friends.'"

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While there's been a big ongoing discussion in various courtrooms concerning the question of whether or not making unauthorized files available for download is copyright infringement, there's another interpretation of copyright law that many copyright scholars agree with -- but which the RIAA and the MPAA would certainly prefer you not hear. I'm at the San Francisco MusicTech Summit and on an early (and not particularly well attended) session in the morning, intellectual property lawyer Andrew Bridges made a fascinating argument: that if you follow the actual text of existing US copyright law, uploading unauthorized content does not infringe the distribution rights of copyright. This goes even beyond the whole "making available" question, by saying even the uploading doesn't vi