internet laws

Indeed, this law is one of the most conspicuous examples of how a legislative body has set different rules for physical space and cyberspace. In this case, the law provides websites and other intermediaries a near-absolute immunization from liability for their users’ content—even if offline publishers would be liable for publishing the exact same user content in dead trees.

It’s hard to overstate the importance of this law to the Internet’s evolution. Without this law, all Internet content probably would be subject to a notice-and-takedown regime like we have for copyright law (see discussion about the DMCA Online Safe Harbors below). If websites had to remove user content upon notice to avoid liability, they would act conservatively, quickly pulling down complained-about content without much fuss. So, any company unhappy with negative consumer comments could simply contact the web host, claim that the comments were defamatory (making the web host potentially liable for the content), and expect the web host to scramble to take down the user’s comment.

47 USC 230 eliminates the notice-and-takedown option for people and companies trying to escape accountability. As a result, 47 USC 230 is a big part of the reason why the Internet became such a massive success.”

TED | Talks | Larry Lessig: How creativity is being strangled by the law (video)

Larry Lessig gets TEDsters to their feet, whooping and whistling, following this elegant presentation of "three stories and an argument." The Net's most adored lawyer brings together John Philip Sousa, celestial copyrights, and the "ASCAP cartel"

TED | Talks | Larry Lessig: How creativity is being strangled by the law (video)

Blogged with the Flock Browser

State of Open Source Message: A New Decade For Open Source

Had you asked me in on that day in 1998 how far I thought this phenomenon would go, I would not have come close to predicting the success that exists today. As we enter decade one, Free Software / Open Source is mainstream. Indeed, we are the leader in many business computing categories.

There been a phenomenon of wealth creation by Open Source companies, starting with Red Hat's IPO and leading most recently to the purchase of MySQL for 1.1 Billion dollars seven years after the company's creation. But I would warn those of you who consider Open Source by its companies: you're missing the biggest part of the phenomenon. Most Open Source today is software being produced by its users, for its users. The largest part of the payment for Open Source development today comes from cost-center budgets of IT users, be they companies, institutions, or individuals, rather than profit-centers based on Open Source like that of MySQL. By participating in Open Source development, users distribute the cost and risk of the development of enabling technology and infrastructure for their businesses. Their profit centers are not tied to software sales, but to some other business. To find them, look to the communities rather than the companies.

We have actually changed the way that innovation happens. Innovation has gone public. Many companies, institutions, and individuals share innovation on a daily basis, entirely in the open, through Free Software development communities. The products they produce are the leaders in their field. Public innovation eliminates the high transaction costs of lawyers, lawsuits and licensing. It focuses on building a fertile community across the market for idea creation and utilization rather than dividing the market for the direct monetization of ideas as property. This is the economically most efficient approach for most companies.

JMRI's developer countersued the throttle manufacturer for violating his license. The developer's use of the Artistic license with its rather shaky legal language, and an odd court ruling on that license, weakened his countersuit. The case remains in court. The JMRI developer has since switched to LGPL. His plight should be a warning to other developers: you need a license with the strongest legal language that you can get to make it effective, and to protect you from software patent holders, lest unsavory businesses pull the same trick on you. Ask your attorney, but my surmise is that LGPLv3 and GPLv3 are about as strong as you can get, having been reviewed by the attorneys of dozens of major corporations, the eminent Mr. Moglen, and his attorneys at the Software Freedom Law Center.

One necessary tactic will be decoupling the case of software patenting from the system of patenting desired by the pharmaceutical companies. Pharmaceutical companies literally have the best government they can buy. We don't want them in the argument.

The Future of Ideas is now Free

After a productive and valuable conversation with my publisher, Random House, they've agreed to permit The Future of Ideas to be licensed under a Creative Commons Attribution-Noncommercial license. You can download the book for free here, or above.

This means all four of my books are now CC licensed. Code (v1) was licensed under a BY-SA license; so too, Code (v2). And Free Culture and now The Future of Ideas are licensed under BY-NC licenses.

I am particularly glad that The Future of Ideas is now freely licensed. That book hit the stores 2 weeks after September 11. I'm glad it now has a chance to flow a bit more freely.

non-compete, intellectual property, prior art

First of all, the law is not nearly as clear-cut as geeky programmer types think it is. As a rule, the law is roughly speaking some mash-up of what the legislature wrote, what the judge thinks ought to be so, and what a jury of random folks majoring in theater and journalism at the local community college think it ought to be. Hence a good lawyer is probably not going to be able to give you an precise and definitive answer on all your what-if scenarios. Instead, he'll probably agree with you on general grounds that the contract is evil, vicious, and you are a noble person dreadfully wronged blah blah (this is just advertising, an appeal to your vanity, so you won't forget him when you someday need a lawyer). If you press him on specifics, the most he's likely to do is tell you roughly how he would argue the case against the contract if he needed to, but he's unlikely to guarantee it will work.

If you are involved in solving any problems creatively, and have to do any SOP work for the company in question:

1. Get a stamp, ( DATE: NAME: WITNESS, in boxes )
2. Get a notebook, and STAMP EVERY PAGE.
3. Write down EVERY IDEA YOU HAVE HAD THAT RELATES TO THEIR WORK.
4. DOCUMENT EVERYTHING, AND WHEN YOU TALK TO THE LAWYER, have him initial all the pages. ( EVEN BLANK PAGES)
5. have a copy made, and send one to yourself, and one to the relative nearist you. Make sure you completely cover the entire package with clear tape.

Note: This is from the 'how to protect intellilectial property' book by Nolo press.