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Yearly Archives: 2007

pushing daisies, amelie and ip claims

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I don’t watch much TV at all but by coincidence caught part of this new show, called Pushing Daisies. Overall, I liked what I saw – interesting premise, well told plot, good acting, and keen attention to pacing, cinematography (if one can use that term for a TV show), music, colour, etc.

But something struck me within the first 10 minutes of watching it – something oddly familiar. Not the stories, but rather, the whole look and feel of how it was presented – like: the sometimes oddly surrealistic but realistic presentation of scenes (exaggerated or bright colours, quirky but cute interiors (and exteriors); unusual and repeated focus on otherwise insignificant details (ages down to the hour of each character – oh and also by an omnipresent unknown third party voice over storyteller); oddly familiar patterns of speech – sometimes quick and rapid bursts of somewhat deadpan humour; curious static shots of people or things with some sort of special effect, like zooming away or seeing through something; oddly familiar patterns of music; eccentric but lovable characters like Chuck’s two aunts; eccentric backstories of characters (Chuck’s aunts again – who had wonderful careers as synchonized swimmers until devastingly felled by contaminated kitter litter); oh, and of course, oddly tragic (albeit someone humourous) events that people undergo (see the aunts) as well as oddly humourous but sometimes well-deserved deaths (like that of a rather fat thieving undertaker).

And then I suddenly realized that what I was watching was a show that, for lack of a better word, had (intentionally or unintentionally) “borrowed” the entire look and feel of “Le fabuleux destin d’Amélie Poulain”. Not the story, mind you, not that at all. But rather a multitude of little bits and pieces that all go into how a story is told.

I marvelled, for a moment, at what a great job the creators of the show had done in transposing the look and feel of that movie into the series, and wondered how much effort (if any) went into deliberately attempting to create or invoke the look, feel and mood of Amélie (which, by the way, they do quite well). Then, needless to say (given my profession), I ruminated about which intellectual property laws, if any, could the owners of Amélie used to protect the “look and feel” of their film. Certainly most people (even non-lawyers) are familiar with the Apple v. Microsoft look and feel case back in the 90s (which tried to base a claim in copyright and didn’t get very far if I recall correctly). It would be interesting to see how that would play out in the context of something like a movie or similar work. Not that I’d like to see that happen to Pushing Daisies – its already tough enough to find decent shows…

hybrid computing – bigger than i thought (possibly)

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I recently mentioned Prism in a prior entry and how it was an intriguing business model. What I didn’t realize is how widespread a movement it seems to be, as suggested in this Knowledge@Wharton article. A brief blurb:

It’s been a busy few weeks for the big technology companies. On October 1, Adobe Systems announced an agreement to buy Virtual Ubiquity, a company that has created a web-based word processor built on Adobe’s next generation software development platform. One day earlier, Microsoft outlined its plans for Microsoft Office Live Workspace, a service that will combine Microsoft Office and web capabilitiesso that documents can be shared online. Recently,Google introduced a technology called “Gears” that allows developers to create web applications that can also work offline. The common thread between the recent moves of these technology titans: Each company is placing a bet on a new vision of software’s future, one which combines the features of web-based applications with desktop software to create a hybrid model that may offer the best of both worlds.

Such a model seems to make a lot of sense, both from the perspective of users as well as developers. From a developer perspective, I can see how simply gaining information on how their products are used (albeit possibly involving some privacy complications) could be invaluable. In addition, tying software to a service will likely curb piracy – its one thing to bypass protection mechanisms on standalone software but something quite different to try to fake an account setup to take advantage of an online service (at least given what little I know about it).

Then again, as the article points out, this movement may simply be the latest iteration of a trend that has never quite caught on (e.g. MS Hailstorm, “thin” computing, network as the computer, etc. etc.).

so much for the paperless revolution

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Lexology had an interesting story that serves as a really good reminder that sometimes, despite all the great things about modern technology, plain old paper may sometimes be the best way to go.

What happened? Well, to make a long story short, the US Federal Trade Commission inadvertently disclosed a large amount of information that was filed with the FTC that should have remained confidential. To wit:

The mistake made by the FTC was basic. In preparing its brief for filing, FTC staff wrongly assumed that the metadata in its word processing file would not migrate upon direct conversion from native format to portable document format (.pdf). In particular, they wrongly assumed that using Microsoft’s “Highlight” (or “Borders and Shading”) tool to black out text actually removed the text from the file’s contents. It does not. It “covers up” the text, but the text itself remains in the file, fully searchable and available for copying. The resulting .pdf appears at first glance to contain only black boxes in place of the redacted content. That content, however, is present in the .pdf file and can be easily revealed either by copying and pasting the blacked-out text into a word-processing file or an e-mail message or by viewing the .pdf file in a reader such as Preview or Xpdf.

Its one of those stories that makes you want to laugh and cry at the same time. The laughing because its easy enough to think “What kind of idiot would do that?” because the error was (at least for most readers of this blog) rather obvious. The crying because, if you give it some thought, there are instances that this could very well happen to even the most technically sophisticated of you – not just with PDFs, but any number of other forms of digital documents, communications and storage – and in any number of ways. The bottom line is that when things are put into digital form, they are often harder to get rid of. Its something well worth keeping in mind.

the (not so) long arm of the tax authorities

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The recent case involving the Canada Revenue Agency and eBay took an interesting (and perhaps somewhat ironic) twist on access to information. Without getting into too much detail, the essence of the issue was this: CRA wanted eBay Canada to cough up information on folks known as “Power Sellers” – those that sell a lot of stuff on eBay. Presumably so that CRA could helpfully remind those folks of their tax obligations in the unfortunate event they somehow forgot to report all the income they made in Canada by selling on eBay.

eBay Canada’s response was that the legal entity in Canada did not in fact own that information and it was also not stored in Canada. Rather, the information was owned by some of its affiliates and stored in the US, outside of Canadian jurisdiction. So they couldn’t provide the information, they asserted.

Unfortunately (for eBay) it came out that eBay Canada was able to access the information even though it didn’t own the data. In fact, it had to be able to access that information in order to run its business. So the court ruled in favour of the CRA, with this rather cogent analysis:

The issue as to the reach of section 231.2 when information, though stored electronically outside Canada, is available to and used by those in Canada, must be approached from the point of view of the realities of today’s world. Such information cannot truly be said to “reside” only in one place or be “owned” by only one person. The reality is that the information is readily and instantaneously available to those within the group of eBay entities in a variety of places. It is irrelevant where the electronically-stored information is located or who as among those entities, if any, by agreement or otherwise asserts “ownership” of the information. It is “both here and there” to use the words of Justice Binnie in Society of Composers, Authors and Music Publishers of Canada v. Canadian Ass’n of Internet Providers, [2004] 2 S.C.R. 427 at paragraph 59. It is instructive to review his reasons, for the Court, at paragraphs 57 to 63 in dealing with whether jurisdiction may be exercised in Canada respecting certain Internet communications, including an important reference to Libman v. The Queen, [1985] 2 SCR 178 and the concept of a “real and substantial link”.

The implications in this case are relatively clear. In other cases, it may become less so. For example, what happens with this concept when someone who once stored their docs on their local hard drive starts using Google Docs, only to find out that the authorities in whatever far-flung jurisdiction have ordered an affiliate of Google to disclose that information? Or in the near future when things like Prism get to a point where users aren’t even sure whether their data is here, there, or elsewhere. Interesting times, indeed.

googling credit card numbers

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Interesting story about someone who happened to be happily googling about and ran across some lout’s hidden (albeit rather poorly) cache of stolen credit card numbers, along with other details:

I found more than that: login details to people’s web hosting accounts and e-commerce site memberships as well. It was really freaky to think it was all just staring at me, thanks to a flukey Google search. Nothing more complicated than that. (And no, don’t email me for the search details!)

For whatever reason, a hacker has broken into a number of sites and stored the resulting DB dumps into text files that Google came along and indexed, all because this guy’s site’s directories were set to display their contents when no default file is present.

To be honest I’m not all that surprised. The hacker in question probably had put the information on a location that may have only been partially commandeered, giving him or her a place to stash his loot but possibly not being able to block index listings. Anyway, goes to show once again that, no matter how safe anyone tells you their system is, there is always room for mistakes. The gentleman’s article, in that regard, provides some good advice to make sure that its not your credit card number that shows up on a google search.

Well, perpahs except for one:

So here’s the suggestion: search Google for your credit card number.

If I may be so bold as to disagree, I’d strongly discourage everyone from doing this. Not necessarily that someone at google will be salivating over the fact that you’ve just given up your credit card and will shortly be going to the nearest Fry’s to cash in (given their options, I imagine they could care less…), but rather because that same info will be going to google by way of any number of intermediaries in a completely unsecured, unencrypted form. Not that its a huge risk – the chance of someone who happens to be listening in to your particular transmission may well be low. Then again, it ain’t rocket science to set up a filter to pick out certain number patterns in internet traffic. I guess the only point is, why take the chance in the first place?

mozilla prism

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Prism is a very interesting little development that the Mozilla folks are working on. Don’t recall where I read about it – probably slashdot. The nub:

Prism is an application that lets users split web applications out of their browser and run them directly on their desktop.

With an illustration that neatly captures the reason for the name and functionality:

I haven’t yet tried it myself but find the concept of further blurring the distinction between the network or server and the local machine quite intriguing.

ebay and buyer’s remorse

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Ouch. The Times Online ran a story on how eBay isn’t all too happy with their multi-billion purchase.

Aaron Kessler, an analyst at Piper Jaffray, the US investment bank, said: “The problem for them has always been trying to get their 200 million users to pay for services. They haven’t really figured out a way to monetise their clients – they haven’t introduced new services such as search engines.”

To be honest I am a bit surprised. When the deal was first announced I had some difficulty understanding the reasons for the purchase, since it didn’t make much sense to me. But then again, if I could figure out such things I’d be a dot-com billionaire jetting around the world in my private jet, rather than a little tech lawyer with a little blog. So, naturally, I assumed the powers that be at eBay did have in mind a grand plan, either to monetize Skype in some really cool way that, perhaps, would also tie into their existing biz and result in some really very cool new business or killer feature, even if the Skype service itself didn’t generate the bucks. Sadly that doesn’t appear to be the case – or at least the case at present.

Perhaps what surprises me most, however, is that they’ve come out publicly to express their regret. I don’t recall many companies (particularly in the tech industry) that have done so. To be honest its also unclear to me why they would say so publicly – at least in the way they’ve done so. Can’t imagine it would really be a heck of a morale booster for the remaining folks at Skype. And surely there’s a way to make such popular technology spin off a little more cash. I remember thinking of a few things that I thought they would probably do (and how much I would expect to pay for them) but which never seemed to happen. For good reason, I imagine.

Anyway, I’m sure they’ll figure out something to do with it, being the resourceful Canadians they are…

ibm withdraws patent claim

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Interesting release from IBM on Bob Sutor’s Open Blog:

IBM has put into the public domain and withdrawn its application for patent number US2007/0162321 – Outsourcing of Services. This patent application covers analyzing work flows, skills, economic costs, etc.

Now, I’ve not reviewed the application at all, but a patent for outsourcing? My first thought echoed the first comment made on the entry, to wit:

Comment

October 4th, 2007 at 6:13 pm

Wow, I thought this was a joke. Apparently not.In gratitude I’ve decided not to patent Money for Old Rope.

Where did I put that patent application on using written documents to evidence legally binding agreements?

first us gpl lawsuit filed

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Surprising. I’ve read about cases going to court in Europe and naturally assumed, given the litigious environment of the US, that something had happened long ago stateside. So, I was a bit surprised to hear about the first GPL lawsuit down there.

For the first time in the U.S., a company and software vendor, Monsoon Multimedia, is being taken to court for a GPL violation. Previously, alleged GPL violations have all been settled by letters from the FSF (Free Software Foundation) or other open-source organizations, pointing out the violation. (Linux Watch)

Hmmm. Maybe not – recent news is that they’re now in settlement discussions. In any event, this gives me yet another excuse to rant, once again, about open source software, or for that matter, any third party code that companies out there may wish to use or build into their products.

As some of you may know, I personally quite like open source stuff. In fact, this blog is written using a giant truckload of the stuff, which works remarkably well for something developed by folks who aren’t paid (for the most part) to develop any of it. Open source can also be a great asset to many companies out there, whether in use or in development.

BUT (and surely you must be expecting a but by now), to the extent you are going to develop with open source code, public domain code or for that matter ANY third party code, you absolutely, positively, MUST keep track of it and make sure you use it both in compliance with the terms under which it is licensed and: (a) make sure the license terms are appropriate for the intended purpose; and (b) make sure you comply with the license terms.

Why is (a) important? To give a very simply illustration, if you plan on building a company whose primary asset and value is based on closed and (ostensibly) proprietary code, you should not be putting GPL code into your product, since one of the requirements of doing so would be an obligation to make your code publicly available on the same terms. This is probably a vast oversimplification of the terms of the GPL but I hope it illustrates the point. And if you don’t think this is likely to have an impact on your company, well, think again. Regardless of what you may think about (b) (which we’ll be getting to in a second), a potential acquiror of your company may feel quite differently about the risks of unintended use of open source code if, for example, it has been told your product is proprietary. And they definitely will find out about it. In fact, there are very, very effective tools to do so, like the one provided by Black Duck. And it is becoming a rather normal practice in acquisition due diligence to run code through Black Duck or something similar if there is the possibility of undisclosed open source.

Why is (b) important? Well, in addition to what’s described above, there is a real risk associated with contravening the GPL, the LPGL or other open source licenses. Just because its free does not mean that someone will not invest the time and effort to find out about contraventions of such licenses and make sure their terms are complied with, including the Software Freedom Law Center. In addition to institutions like those, there are also many, many folks out there keeping an eye out for possible breaches of GPL and reporting them to bodies like the SFLC.

All that being said, I should make it clear that I do think that open source software does have a place in profit-driven companies, as do open source development models. JBoss, MySQL, and Sleepycat are just a few in the latter category that have been quite successful. The key of course, is to make sure that how you use those tools works consistently both with your intended business model and with the terms under which apply to their use. Which will be a good topic for another day.

regrettable absence

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Apologies to all ten of my loyal readers for the absence. It has been a very, very busy summer and, unfortunately, when it comes to relative priorities, getting work done for clients, playing with my 2 year old, sleeping and then blogging take priority, in that particular order. I’ve also been surprised so far by some of the informal comments I’ve received (not on the blog but in person), most of which have been negative or have negative implications. I must say that has also played a bit of a role in my absence. So who knows, this little blog may not be around much longer. Still giving it some thought.

In any event, a brief quote from one of my colleagues that you may find amusing: “The practice of law is very much like a pie-eating contest where the prize for winning is more pie.”