David Canton is a business lawyer and trade-mark agent with a practice focusing on technology issues and technology companies.



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September 30, 2008

Stallman – Cloud computing is a trap

Tags: , — David Canton @ 7:36 am

The Guardian published an article entitled Cloud computing is a trap, warns GNU founder Richard Stallman coincidentally on the same day as my Free Press article from yesterday on the topic.

Stallman is quoted as bluntly saying: “It’s stupidity. It’s worse than stupidity: it’s a marketing hype campaign.”

“One reason you should not use web applications to do your computing is that you lose control,” he said. “It’s just as bad as using a proprietary program. Do your own computing on your own computer with your copy of a freedom-respecting program. If you use a proprietary program or somebody else’s web server, you’re defenceless. You’re putty in the hands of whoever developed that software.”

I admit to having some control and trust issues over the cloud.  To me it depends on what you are using it for, how mission critical it is, how sensitive the information is, who has it, and whether you can keep local copies. 

 

 

September 29, 2008

Cloud computing presents real concerns over privacy issues

Tags: , , , — David Canton @ 8:11 am

For the London Free Press – September 29, 2008

Read this on Canoe

We are moving into “cloud” computing, where users increasingly rely on data and software residing somewhere out there on the Internet.

That means we have little direct knowledge of, involvement with or control over the data or its location. And since that data inevitably includes personal information, it raises information security and privacy issues.

Use of the cloud has moved beyond e-mail such as Hotmail to include applications such as Google Apps for word-processing and social networking sites such as Facebook. And increasingly, it means our data is not only processed, but stored in cyberspace.

This is true for business as well as personal applications.

Cloud computing promises flexibility, better reliability and security, enhanced collaboration, portability and simpler devices. It lets Internet users use servers, storage systems and computing power in multiple locations.

But it also means leaving digital footprints all over the Internet, in places where we have no idea how information is policed.

Ontario Privacy Commissioner Ann Cavoukian weighed in on this issue in the recent white paper, Privacy in the Clouds.

“It will not be possible to realize the full potential of the next generation of the Internet or Cloud Computing without developing better ways of establishing digital identity and protecting privacy,” she wrote.

Cavoukian believes the answer is a flexible, user-centric identity management system with open standards and community-driven interoperability.

In other words, a system where we can log on to a tool that establishes who we are, then use it to identify us to services. We could then use services anonymously, or control how much the service knows about us to minimize risk of identity theft or fraud.

It would help eliminate the many logins and passwords that plague us today. A flexible system would take in any device reaching the Internet, such as Blackberries or game consoles.

A standard approach would also make it easier and cheaper for cloud service providers to authenticate its users, build trust in its privacy and security promises, and cut the risk of security breaches by limiting the personal information they keep.

Such services are starting to appear, but are not yet universally accepted.

September 26, 2008

Britain becoming Orwellian surveillance society

Tags: , — David Canton @ 1:53 pm

Cory Doctorow has a post on Boing Boing entitled Britain will make foreigners carry RFID identity cards and will put us in a huge, Orwellian database: the rest of Britain will be next.  Its worth a read.

He says in part:

My family fled the Soviet Union after the war. They were displaced people (my father was born in a refugee camp in Azerbaijan) who destroyed their papers to protect themselves from the draconian authorities who sought to limit their travel and migration. I used to think it was ironic that my family had gone from Europe to Canada and back to Europe again in a generation, but now I don’t know how long the Doctorows will be staying in Europe — or at least in the UK. The green and pleasant land has suspended habeas corpus, instituted street searches without particularlized suspicion, encourages its citizens to spy and snitch on each other, and now has issued mandatory universal papers that will track we dirty immigrants as we move around our adopted “home,” as part of a xenophobic campaign to arouse fear and resentment against migrants.  …  In living memory, my family has been chased from its home by governments whose policies and justification the Labour Party has aped.

And some people wonder what privacy advocates bristle against things like the increasing use of surveillance cameras. 

 

September 24, 2008

Today is World Day Against Software Patents

Tags: , , — David Canton @ 9:02 am

From my post to Slaw today:

Slashdot reports that today has been declared World Day Against Software Patents by the European based Foundation for a Free Information Infrastructure

They believe that software patents impede innovation and investment.

So depending on what side of this debate one falls on, feel free to either celebrate and promote it, or cringe and rail against it.

My thoughts? First, my bias – I’m not a patent agent, although I do deal with a lot of IP and IT issues, and advise companies that create and sell software or SAAS products. I have mixed feelings about it – but can’t help wonder if there is a good argument that to some extent patent protection has gone too far and can indeed impede innovation. That may be especially true in fields like software where change and innovation happen far more quickly, and from far more sources, than traditional technology.

September 23, 2008

Privacy as a filter failure

Tags: , — David Canton @ 8:51 am

There is a video of Clay Shirky giving a presentation entitled It’s Not Information Overload. It’s Filter Failure (ht @JDTwitt from Twitter) .  The part I found most interesting starts around the 12 minute mark, where he talks about privacy. 

He says privacy is merely about the control of outbound information.  Before the internet and social networks the inefficiency of information flow was a feature, not a bug, when it came to privacy.  It was simply hard to spy on people.    (This is the concept of practical obscurity.) 

We have now moved from that evolved system to an engineered system where we must consciously deal with and control the privacy of our information.  Our mind-set has not evolved with this change.  His view is that explicit privacy protection doesn’t work, and we somehow need to make the control of outbound information flow work on a filter basis.

 

September 22, 2008

London needs a Performing Arts Centre – Now

Tags: , — David Canton @ 8:40 am

London needs a proper performing arts centre.  We need to get on with it and get it done. 

The City’s decision of a few months ago not to fund a study was disappointing.  A debate about whether the proposed study had the right focus, or whether it covered ground already looked at would have been healthy.  Instead, council concluded that the municipal government doesn’t want to fund a PAC now, and therefore wouldn’t consider the study.  Some are treating this as a death knell for a performing arts centre in London any time soon.

There are many reasons to build a performing arts centre now.  The only reason against is the issue of to what extent municipal tax dollars should be spent on it.  But funding is just a challenge to overcome that requires some creative thinking – it shouldn’t kill this before it gets off the ground.

A performing arts centre has been talked about for decades.  It’s apparent that if this is going to get done, someone other than the municipal government has to drive it forward.

What follows are my personal thoughts on the issue.  These are not endorsed by, nor am I affiliated with (at least as far as I know), any organization that has taken a position on this issue.  I do however perceive that there are a significant number of people in London that agree with me on this.

I’ll talk about why we need one, counter some of the most often heard arguments against one, and suggest a plan for going forward.

Why we need a Performing Arts Centre

London has a diverse economy, and often shows up on lists of top places to live and work in Canada.  Studies show that the most successful, thriving cites also have a strong creative class.  If we are going to grow, provide quality employment opportunities, keep people here after they finish post secondary education, provide quality of life for Londoners, retain businesses as they grow, attract new businesses, and attract skilled people, we need a city that is attractive to individuals, families, and business.

The world is shrinking, and we compete on a world stage.  Indeed, many businesses in London sell their products and services around the globe.  We can’t thrive if we focus just on Southwestern Ontario, or even Canada.  And if we strive to be a world class city we have to act like it.  Being mired in mediocrity won’t do it.

Many local businesses have challenges in attracting people to come from outside London.  To attract the talent they need, London must have world class appeal, with diverse facilities to entertain in our leisure time.

Since we compete globally, we need reasons for individuals to want to be here.  If executives from places like Germany or Korea are looking for a place to locate in North America, and decide London doesn’t have what they want, they won’t even consider London.

While a performing arts centre on its own won’t make the world beat a path to our door, it’s an important piece in the overall attractiveness of a desirable city.  It’s an investment in our future.

We currently have Centennial Hall – a venue that no one would argue is adequate. 

I’m sure Orchestra London puts up with it because it’s all we have.  Query why they choose to have concerts in other locations as well?

Centennial Hall apparently needs upgrades to some of its mechanical systems that are near the end of their life.  The money is far better spent on a new PAC – it seems pointless to spend any more than absolutely necessary on Centennial Hall.

My son is a member of the Amabile Young Men’s choir.  The Amabile organization is not as well known as it should be, as it has world class choirs.  Two of their choirs recently won first place in their class in a Canada wide choir competition held by the CBC.  So where do they perform in London?  There really isn’t a venue that works for them, so they end up performing in random churches.  They are not ideal venues for many reasons.

London has positioned itself as a destination for conventions and festivals.  What better way to support that than to have a world class performing arts centre.  It would add one more reason for people to want to have their convention here.

The Ambassador London program states its mission is: “To shape the image of London to a place of global importance and influence where all can flourish – economically, socially and culturally.”  A performing arts centre is an important piece of that image.

There has also been talk about London as a centre for “green” technology.  The University of Western Ontario sees this as a strength.  What better way to demonstrate this to the public (and create a funding opportunity) than to create the greenest, most environmentally friendly, performing arts centre?

London is often perceived as a very conservative city.  Many are frustrated that we are often overlooked within our own province and country.  We shouldn’t settle for that – and we shouldn’t settle for the status quo.  We need to take ownership of our image and get noticed.  Organizations like the LEDC and Ambassador London are trying to do that – adding a world class performing arts centre to the mix would help tremendously.

Arguments often heard against it

Fixing potholes is more important than spending money on a performing arts centre.

Surely municipal governments are intended to be more than just utility providers.  They also have a mission to ensure that their city thrives and survives, and is the best possible place for their constituents to live and work. 

Infrastructure is indeed important to retain and attract business.

But to focus just on infrastructure is a short term, narrow view of the role of a municipal government.  We can have the best roads, water mains and sewers on the planet – but that won’t attract or keep people or business here if we lack well rounded leisure activities – whether that be as spectator or participant.

The pothole argument also subscribes to the zero-sum theory, i.e. that there are only $X of tax money available.  No one is suggesting that the municipality has to fund the entire project out of municipal tax money.  And the more attractive and successful a city is, the more tax dollars it has at its disposal.

Why should all the citizens of London fund something for the elite?

I don’t understand where this comes from.  For some reason, some think performing arts centre = orchestra = classical music = the “elite” or the “rich”. 

A performing arts centre would no more be for the “elite” than the John Labatt Centre is.  The JLC often sells out concerts in minutes at ticket prices exceeding three figures per ticket.  Orchestra London’s typical ticket prices are far less expensive.  And Orchestra London performs far more than just classical music.

The city supports and funds many things that most people in London will never use.  Things like soccer fields, parks, baseball diamonds and pools are valuable assets to the city as a whole, but the vast majority of us will never or rarely use them.  A performing arts centre is no different.

But again, this argument also assumes that the municipal government will have to pay for the entire performing arts centre.  No one expects it to.

We already have the JLC – who would possibly use it / perform there?

A performing arts centre would be complementary to the JLC, not competition for it. Indeed, input from JLC management would be a valuable part of the design and planning process.

The performances that now occur at Centennial Hall would go to the performing arts centre.  The number of events would increase in part just because the venue would be far superior.  There are also a number of London based events that take place at random venues that would be far better at a venue with proper facilities.

Where do we go from here?

Since the municipality doesn’t seem to want to take charge of this, someone, or some organization needs to.  It needs the application of some proper project management skills.  What follows is a list, not necessarily in order, of some things that should be done.  (I apologize for anything I say here that has already been done – this is not meant to criticize anything that has been done, or anyone that has done it.)

First, collect and review all of the information, studies, and articles that have been written about a London performing arts centre over the years.

Consult with all relevant stakeholders to get their input into what they would like to have.  That includes groups that might use it, and the London arts community in general.  Also existing London facilities such as Centennial Hall and the John Labatt Centre.

Speaking of the JLC, it gets mentioned often in this debate, and rightly so.  A performing arts centre would be complementary to the JLC.  The JLC is a model to be followed in the design, build and operation of a performing arts centre.  There was a lot of controversy over the JLC before it was built, but it has performed beyond expectations. 

To draw parallels between the JLC and a performing arts centre, it must be well designed by those familiar with successful performing arts centres. (One advantage of being late to the game is that we have the benefit of the wisdom and experience of centres in other cities.)  It must be designed to appeal to both performers and the public.  Many performers at the JLC have commented positively about the facility, and no doubt returned because of that, and told other performers.  Who would have thought a few years ago that we would get the number and caliber of artists that perform there?

Get creative with funding.  The latest trend, the P3 (public private partnership) is probably the way to go.  Consider alternate funding alternatives.  One example is the Fanshawe College proposal to use it as part of their education programs.  Another is to make it a showcase for green or environmentally friendly technology.  Corporate funding and naming rights must be sought as well.

Consider the site.  Downtown is a given.  It would be nice to locate it on the Thames River (that also ties it into the recent renewed interest in the Thames) – although finding an available site downtown on the river might be a challenge.  The current Centennial Hall location may be a good option.

It’s crucial to get the design and amenities of a performing arts centre right.  Doing this to meet the bare standards of functionality won’t work.  It must be physically attractive to create the right buzz in the local and wider community.  It must meet or exceed the functional requirements of performers, such as acoustics, lighting, sound systems, and practice areas.  It must be a venue that the public wants to return to, including things like comfortable seating and sightlines, and foyer/lounge areas to accommodate pre-show gatherings and intermissions.  Make sure the design team includes those who have designed and operated successful performing arts centres before.

Look at other performing arts centres in Canada and elsewhere.  Talk to the operators and users and find out what works and what doesn’t, and what they would do differently if they could do it over again.

Set up all this information in a publicly accessible forum, such as a blog or wiki.  Use it to gather input, gather comments on suggestions, publish comments and material, update status, and create a buzz for the centre.

September 18, 2008

Wikipedia uses me as a source – reliable?

Tags: , — David Canton @ 10:35 am

I just noticed that the Wikipedia entry on the Streisand Effect links to a London Free Press article I wrote on the subject as the first footnote.

So does this advance the notion that Wikipedia is unreliable because it uses dubious sources, or the notion that it is reliable because it uses authoritative sources?   I’m not sure I want to know the answer to that one!

September 17, 2008

Yet another attempt at DRM

Tags: , , — David Canton @ 8:15 am

That’s the title of my weekly Slaw post today.

It says:

There have been a few articles recently talking about a new proposed method of digital rights management called Digital Entertainment Content Ecosystem. The idea is to control what we do with video purchased online, and allow us to use it on multiple devices. See this LATimes article, and this TechCrunch article.

One problem with DRM is that it never really works. Someone always finds a way around it, so it does nothing to stop pirating on a commercial scale. And it usually causes problems for the average consumer, and puts undue limitations on what we can do with it. So the entertainment industry then tries to get laws passed to make it illegal to circumvent digital locks. (That’s one of the objections to bill C-61 – but I digress.)

This new system is being touted to overcome the problem where people buy, for example, a song to play on their MP3 player, but DRM prevents them from playing it on their computer or in their car.

Apparently the proposed system would allowed one to play it on any device you have that you register with “them”. This raises huge privacy flags for me. It would require us to register with “them” and list every device we want to play this content on. Perhaps the privacy issues could be addressed – but regardless of the privacy promises we receive – how many consumers would want to give this kind of information to an industry that has a tendency to sue its customers? 

September 16, 2008

London Biotech week – Sept 22-26

Tags: , , — David Canton @ 8:48 am

The London TechAlliance is having its annual biotech week next week.

Check out their calendar for the various events.

One of the events that might be of interest to any tech business, not just biotech, is a seminar on Sept 24 entitled “Accelerate London Business Seminar”.

From TechAlliance’s promo material:

Attention technology companies and entrepreneurs! TechAlliance is pleased to present an informative session about three exciting new programs designed to help Ontario technology companies grow and prosper. In this session, you will learn about the Investment Accelerator Fund (IAF) delivered by Ontario Centres of Excellence, and the Business Mentorship and Entrepreneurship Program (BMEP) delivered by MaRS. The third program featured is ACCELERATE Ontario – a new Ontario Graduate Research Internship Program, delivered by MITACS, a national research network that connects Canadian researchers with companies and other organizations to solve key business and social challenges

 

 

 

 

September 15, 2008

Ruling favours copyright holders

Tags: , , , — David Canton @ 6:36 am

For the London Free Press – September 15, 2008

Read this on Canoe

A recent U.S. Federal Appeals Court ruling has found that copyright laws apply to free software licences.

The Court in Jacobson versus Katzer held that copyright holders “who engage in open-source licensing have the right to control the modification and distribution of copyrighted material.”

Advocates of open-source software are ecstatic about the ruling. Before this decision, the ability of a copyright holder to offer their work free to the public and still enforce an “open-source” copyright licence and maintain control over the distribution and modification of their work was unclear.

Larry Lessig, a Stanford University law professor and developer of Creative Commons, has called the decision “a very important victory” that provides “important clarity and certainty by a critically important U.S. court.”

Creative Commons is a non-profit organization providing copyright licences that let individuals make their work available to the public while continuing to restrict certain rights. Creative Commons acted as a friend of the court in this case.

Free in this context means the users are free to modify and distribute the software to others. Several versions and types of open-source licences are available. Typically, creators of open-source software simply select a publicly available open-source licence to govern use of their code.

So why is this decision attracting so much attention?

Traditional software licences are closed-source or proprietary licences. They are closed-source because the human-readable programming, or source code, is hidden from users. This means users can’t modify the software.

In contrast, open-source licences make source code available, allowing users to revise and redistribute the code provided they meet the terms of the software licence. Some terms typically included in open-source licences require users to: track changes to the software, including programming instructions; credit the developer of the original software; and reveal the scope of the licence granted by the original owner.

This collaborative model of software development has been widely used in the artistic and scientific community, and has allowed companies such as Wikipedia to rapidly expand and improve their software at minimal cost.

Until this decision was released, some thought open-source licences could be enforced only under contract law. But this ruling held that the licence in question also was enforceable under copyright law, opening the door to more grounds and ways to enforce such licences. That the software was given away did not detract from the copyright claim.

This case has impact beyond software licences. Written content and music are often provided under a Creative Commons licence that lets users copy and use it under set conditions. Those conditions might include attributing the work to the author, not creating additional works based on it, and not using it for commercial purposes. Many blogs, for example, are published under Creative Commons licences.

Larry Lessig, a Stanford University law professor and developer of Creative Commons, has called the decision “a very important victory” that provides “important clarity and certainty by a critically important U.S. court.”

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