And then, of course, we come to President Trump. Not usually that vocal on matters of intellectual property and piracy, yesterday -- perhaps coincidentally, perhaps not -- he suddenly delivered one of his "something is coming" tweets. "The U.S. is acting swiftly on Intellectual Property theft," Trump tweeted. "We cannot allow this to happen as it has for many years!" Given Trump's tendency to focus on problems overseas causing issues for companies back home, a comment by Kevin Madigan during the panel yesterday immediately comes to mind. "To combat piracy abroad, USTR needs to work with the creative industries to improve enforcement and target the source of pirated material," Madigan said.
The new injunction prevents Tickbox from linking to any "build," "theme," "app," or "addon" that can be indirectly used to transmit copyright-infringing material. Web browsers such as Internet Explorer, Google Chrome, Safari, and Firefox are specifically excluded. In addition, Tickbox must also release a new software updater that will remove any infringing software from previously sold devices. All tiles that link to copyright-infringing software from the box's home screen also have to be stripped. Going forward, only tiles to the Google Play Store or to Kodi within the Google Play Store are allowed. In addition, the agreement also allows ACE to report newly discovered infringing apps or addons to Tickbox, which the company will then have to remove within 24-hours, weekends excluded.
The objection, argues SFWA President Cat Rambo, is that "writers' work is being scanned in and put up for access without notifying them... it is up to the individual writer whether or not their work should be made available in this way." But the infringement alert takes the criticism even further. "We suspect that this is the world's largest ongoing project of unremunerated digital distribution of entire in-copyright books."
The Digital Reader blog points out one great irony. "The program initially launched in 2007. It has been running for ten years, and the SFWA only just now noticed." They add that SFWA's tardiness "leaves critical legal issues unresolved."
"Remember, Google won the Google Books case, and had its scanning activities legalized as fair use ex post facto... [I]n fact the Internet Archive has a stronger case than Google did; the latter had a commercial interest in its scans, while the Internet Archive is a non-profit out to serve the public good."
He named the following reasons:
- A fragmented market
- Lack of special applications
- Lack of big name applications
- Lack of API and ABI stability
- Apple's resurgence
- Microsoft's aggressive response
- Windows piracy
- Red Hat mostly stayed away
- Canonical's business model not working out
- Lack of original device manufacturer support
Then he ended with some optimism:
"So anyone who has read my blog posts probably knows I am an optimist by nature. This isn't just some kind of genetic disposition towards optimism, but also a philosophical belief that optimism breeds opportunity while pessimism breeds failure. So just because we haven't gotten the Linux Desktop to 10% marketshare so far doesn't mean it will not happen going forward. It just means we haven't achieved it so far.
"One of the key identifiers of open source is that it is incredibly hard to kill, because unlike proprietary software, just because a company goes out of business or decides to shut down a part of its business, the software doesn't go away or stop getting developed. As long as there is a strong community interested in pushing it forward it remains and evolves, and thus when opportunity comes knocking again it is ready to try again."
The essay concludes desktop Linux has evolved and is ready to try again, since from a technical perspective it's better than ever. "The level of polish is higher than ever before, the level of hardware support is better than ever before and the range of software available is better than ever before...
"There is also the chance that it will come in a shape we don't appreciate today. For instance maybe ChromeOS evolves into a more full fledged operating system as it grows in popularity and thus ends up being the Linux on the Desktop end game? Or maybe Valve decides to relaunch their SteamOS effort and it provides the foundation for a major general desktop growth? Or maybe market opportunities arise that will cause us at Red Hat to decide to go after the desktop market in a wider sense than we do today? Or maybe Endless succeeds with their vision for a Linux desktop operating system...."
"Recent history suggests that the list will quickly grow to cover tougher judgment calls. For example, Bell has targeted TVAddons, a site that contains considerable non-infringing content," Geist notes. "It can be expected that many other sites disliked by rights holders or broadcasters would find their way onto the block list," he adds. While the full list of applicants is not ready yet, it is expected that the coalition will file its proposal to the CRTC before the end of the month.
The researchers partnered with an unnamed internet-service provider -- in a region they chose not to disclose -- to offer customers who were already prone to piracy an on-demand package for free for 45 days. About 10,000 households participated in the study, and about half were given the free service. The on-demand service was packaged like Netflix or Hulu in layout, appearance, and scope of programming, but was delivered through a TV set-top box. It had a personalized recommendation engine that surfaced popular programming based on what those customers were already watching illegally through BitTorrent logs, which were obtained from a third-party firm. The study found that while the participants watched 4.6% more TV overall when they had the free on-demand service, they did not stop using BitTorrent to pirate movies and TV shows that were not included in the offering.