Archive for July, 2007

First: An Ode to the TSA

Posted by Devanshu on July 26th, 2007 | Comments

I created this video on a whim. I call it: “First, They Came for the Box Cutters”

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Harry Potter and the Goblin’s Perpetual Copyright

Posted by Devanshu on July 25th, 2007 | Comments

Here’s a passage from page 517 of Harry Potter and the Deathly Hallows:
(Ron’s brother Bill is warning Harry against trusting a goblin Griphook.)

“You don’t understand, Harry, nobody could understand unless they have lived with goblins. To a goblin, the rightful and true master of any object is the maker, not the purchaser. All goblin-made objects are, in goblin eyes, rightfully theirs.”

“But if it was bought – ”

”- then they would consider it rented by the one who had paid the money. They have, however, great difficulty with the idea of goblin-made objects passing from wizard to wizard. [...] They consider our habit of keeping goblin-made objects, passing them from wizard to wizard without further payment, little more than theft.”

These goblins sound like our friendly neighborhood MPAA/RIAA lawyers!

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Unfree Culture and The Science Fiction Wars of 1978

Posted by Devanshu on July 19th, 2007 | Comments

In 1978, 20th Century Fox studio sued Universal for “stealing 34 distinct ideas” from the then recently, immensely successful film Star Wars to create “Battlestar Galactica”. This was one year after the release of Star Wars and an old, hackneyed genre had just been revived. At the time, Universal said that this is like the first Western movie ever suing the second one.

George Lucas visited the production of BSG and decided not to link his name with the law suit. 20th Century Fox, however, pressed on. Universal countersued with a claim that Star Wars (particularly R2D2) was lifted from Universal’s own film Silent Running. Maybe it’s time for some descendant of the Brothers Grimm (the great-grandchildren Grimm?) to come knocking on Disney’s front doors with legal papers- suing them for every cent they’ve made since Snow White.

A few major Star Wars co-conspirators were major players on the original BSG production as well- John Dykstra, Dennis Muren- which also played a major part in the common “feel” to them both.

There is a fantastic article from 1978 called ABC’s Multi-Million Dollar SF Gamble: Battlestar Galactica which closes with these two interesting paragraphs which hint at more issues than just copyright and derivative works:

Once all the charges of copyright infringement and the other legal elbowing have subsided, and once other modern space fantasies like Buck Rogers, Star Trek—The Motion Picture, Starcrash, and Flash Gordon have come out to keep Galactica company, it will be more evident that Galactica was innovative in many ways all its own—not the least of which is its courageous, almost carefree use of funds in the hope of bringing to the public a TV fantasy of unparalleled quality. And some of the daring can be seen in things that neither zoom, blast, flash, or explode.

When, since the days of the Untouchables, have we seen such exciting wholesale slaughter on our livingroom screens? And it happened during the very season when the networks have been bragging that at last they have censored physical conflict from the screen. The full extent of the ramifications of a successful Galactica on TV programming is yet to be seen, but it will certainly be interesting to watch.


Ah, good old 1978. It was the best of time, it was the worst of times. Television bosses were actively censoring TV. Major studios were trying to control the fate of genre media. Journalists were hoping for a future that resembled a rose-tinted past. And beneath the surface, a vast array of creators were waiting to unleash their derivative works that had the potential to change the face of a genre, at the very least, and media in general if we were lucky. In short, it was a time much like today.

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Love is Old, Love is New

Posted by Devanshu on July 17th, 2007 | Comments


Lucy in the Sky
Originally uploaded by DevanJedi.


I was in Vegas in April of this year and saw Cirque du Soleil’s Love- a truly magnificent tribute to The Beatles through their music and Cirque’s visual extravagance.

The show opens with one of the last songs The Beatles recorded- “Because” for Let it Be. John Lennon is quoted as having said that the song is based on Moonlight Sonata by Beethoven. Listen to both, and you know he’s right.
(Video of Moonlight Sonata on YouTube)

This got me to thinking about fair use. Would Lennon (or his lawyers) have risked it if the Sonata was still under copyright? There were “only” about 170 years between Moonlight Sonata and Let it Be, so in modern copyright terms, they were cutting it a little close.

Think that’s a stretch? Remember, Rep. Mary Bono channeling Jack Valenti once asked Congress for “forever less one day” copyright terms.

Note: I know that Lennon’s use would probably be ruled as fair use in a reasonable court of law. That is not the issue. The issue is that fear of litigation may have prevented Lennon (or his producers) from ever releasing “Because” in to the wild and ours would have been a poorer culture for that.

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US Presidential Politics and Geek Activism

Posted by Devanshu on July 16th, 2007 | Comments

When I had my idea for a questionnaire for US Presidential candidates about issues important to geek activists like myself, I started reading up on the positions of the most popular candidates.

Guess what? None of them talk about the issues that matter to us directly. Even the big ones like reforming the USA PATRIOT Act aren’t being touched with a 10-foot pole- no one wants to look weak on security, I suppose.

At the same time, I have been thinking a lot about Lawrence Lessig. For those not familiar, after 10 years of leading the fight to protect a free culture among other things, Lessig is stepping away to embrace a much broader issue- corruption. At first, this seems simplistic, naive. But in the end, isn’t that what it all comes down to?

Net neutrality, copyright laws and fair use, the MPAA/RIAA, the DMCA and all the other issues that lock consumers, fans, hackers and hobbyists in a cage where the key is sold to the highest bidder. As a geek, these look like issues for hacktivists. In a broader sense, however, this is the oldest game in politics- the government serving the deepest pockets.

Corruption. Lessig is specific about what he means by corruption, in this quote as applied to himself:

I never promote as policy a position that I have been paid to advise about, consult upon, or write about. If payment is made to an institution that might reasonably be said to benefit me indirectly, then I will either follow the same rule, or disclose the payment.

The key word is never. Not sometimes. Not with disclosure. Just, plain, never.

So coming back to the issue of getting the current US Presidential contenders to answer questions about PATRIOT Act reform or Network Neutrality- shouldn’t the ultimate question be: What would you do to remove the influence of lobbies and corporations from US politics?

If we have an answer for that- a workable, sincere one- then we have an answer not only for problems in hackland, but also in healthcare, in energy policy, in every major social issue of this land of plenty.

Along those lines, here are links to what the major contenders have to say on Washington’s culture of corruption:

(Send me more links for the rest of the candidates if you find them. Also, I’m still putting together a questionnaire for the candidates, so suggestions would be great!)

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Starbucks in Forbidden City: Closed!

Posted by Devanshu on July 15th, 2007 | Comments


Forbidden Starbucks
Originally uploaded by EccoCraz.


First of all- yes, there was a Starbucks in Beijing’s Forbidden City.

Fortunately, there was a Starbucks in Beijing’s Forbidden City. It’s gone now after huge protests.

Says the BBC:
Starbucks, which has nearly 200 outlets in China, opened the Forbidden City shop seven years ago and removed its brand sign two years ago to address cultural sensitivities.


Here’s what it looks like on Google Maps. Yeah, no Starbucks inside 600 year old monuments. Sorry.

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If Airport Security Wasn’t Funny Enough

Posted by Devanshu on July 14th, 2007 | Comments


Airport Security ftw!
Originally uploaded by sirbrett84.


Via Schneier, here’s a funny little photo that sums up many thoughts I have about Airport security. I wish there was a button to click to fix the problem…

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More on the iPhone Hearings: Free the iPhone!

Posted by Devanshu on July 13th, 2007 | Comments

The so-called iPhone Hearings yesterday were entertaining and it seems they may only be the first shot fired on the issue of separating devices from the network.

The folks at FreePress.net have set up Free the iPhone as a ‘save the internet’ (net neutrality) and ‘save net radio’ type movement. The idea is to strike while the iPhone publicity peaks and the current 700MHz auction planned by the FCC rolls around. Also, since the FCC, Google and some members of Congress seem to be showing interest in the idea of separating the Network from the Devices (Delaminate the bastards says Weinberger) this seems to be the appropriate time to be pushing for separating the layers.

Free the iPhone.

Also, the folks at Public Knowledge have a set of videos from the iPhone Hearings including Rep. Ed Markey comparing the iPhone lock-in with Hotel California (_check out, but they can never leave_), Professor Tim Wu pointing out the tech gap between US and Europe in the wireless space, the Verizon General Counsel claiming that there is no consumer demand for delamination, and finally Jason Devitt on the issues for small innovators in the business.

A few more reads:

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On the “Sky Trust”

Posted by Devanshu on July 13th, 2007 | Comments (1)

Maybe I just don’t understand the Sky Trust proposed by Peter Barnes, but it sounds like a recipe for disaster. Here is the gist of the idea:

Under the Sky Trust plan, all companies that bring burnable carbon into the economy would be required to buy permits for the carbon content of their fuels. Each year the number of permits would be reduced.

Revenue generated from the sale of permits would be placed in a trust, managed by independent trustees. Earnings from the trust would be returned to U.S. residents as dividends and used for public investments that accelerate the transition to a low-carbon economy.

I’m not sure giving Americans financial gain for pollution is the solution; I understand that taxing pollution is already being floated as an idea, but giving the average citizen a bigger check when pollution levels rise can’t possibly make him appreciate the seriousness of the situation.

Of course, the idea of Sky Trust is a bit more nuanced, especially with the caps on total permits given to polluters which are reduced every year. The issue, however, is that if people get used to getting a $500 check every New Year’s day and all of a sudden that starts drying up, won’t the people be demanding a little more pollution?

I may be underestimating the general populace and I may be misunderstanding Sky Trust- let me know, I’d love to see it work.

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The iPhone Hearings

Posted by Devanshu on July 12th, 2007 | Comments

Susan Crawford, a law professor who specializes in intellectual property and cyberlaw, has a description of the proceedings at today’s iPhone hearing chaired by my own representative: Rep. Ed Markey. Now Mr. Markey usually gets it on the subject of technology (e.g. net neutrality) and even when he is completely wrong (e.g. when he went after the guy who demonstrated a crucial flaw in airline security), he has the sense to very quickly apologize. Generally, however, I am pleased that he chairs the House Commerce Committee (Subcommittee on Telecommunications and the Internet). Read more »

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FBI Employees Face Criminal Probe Over Patriot Act

Posted by Devanshu on July 12th, 2007 | Comments (2)

According to an article at Wired.com, “FBI personnel who used misleading emergency letters to acquire thousands of Americans’ phone records are the subject of a criminal investigation [...] The privately disclosed investigation would mark the first time government officials have faced possible prosecution for misuse of Patriot Act investigative tools.”

Also- you can help out the EFF go through the documents received via Freedom of Information Act requests regarding the FBI PATRIOT ACT abuses.

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Letter to the FCC on Net Neutrality

Posted by Devanshu on July 10th, 2007 | Comments

The FCC has solicited comments from the public on Net Neutrality. This was my letter:

The growth of the Internet has been during the most productive one-third of my life and the threat to Network Neutrality threatens much of what has fueled my professional, social and personal life.

I have been building small web sites- as a hobby at first and but now growing in to more. The ability to create tiered services on the Internet- an Internet that is increasingly controlled by very few powerful players- would be devastating to small web presences such as mine.

There is a lack of competition in the market. This, coupled with a lack of network neutrality protections, would turn the Internet in to a place where the status quo is maintained and only those new players that play by the old rules (or pay) could survive.

This is further complicated by the fact that the Internet service providers are themselves competitors in the web services space. Thus, they get to control the ‘pipes’ for their competition. This is a frightening landscape in which smaller players have little hope.

You can tell your story to the FCC as well at [Save the Internet]

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Geek Activism Questionnaire for Presidential Candidates

Posted by Devanshu on July 9th, 2007 | Comments

I am putting together a questionnaire of issues important to the geek hacktivists for each of the candidates for next years US Presidential Election. Most of the web sites of these candidates do not come close to addressing the issues that are important to us today and will affect society in general tomorrow. Issues of privacy, copyright and fair use, net neutrality, the DMCA, the PATRIOT act will obviously come up, but what are the questions that you would want to put to the people who may have the power to change the rules of the digital game?

One of the central ideas in my 95 Theses was of making the political establishment aware of our issues and of making it clear to the non-technical folks how these issues will affect them in the future.

As of now, these are the kinds of things I am thinking about:

  • Their stand on the DMCA.
  • Their stand on the future of the PATRIOT act.
  • On Net Neutrality.
  • On free speech rights on the Internet.
  • On Copyright, fair use and the value of the public domain.
  • Open source voting.
  • Maybe video games, regulation and other save our children initiatives that take out innocents in the cross-fire (while keeping “our children” just as unsafe).

I have many other ideas bouncing around and need to present them in a better form, but let me know in the comments what you think.

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10 Years of The Cathedral and The Bazaar

Posted by Devanshu on July 4th, 2007 | Comments (1)

In May 2007, that seminal work by Eric S. Raymond turned ten years old. The Cathedral and the Bazaar is a book about the simple notion that in software development given enough eyeballs, all bugs are shallow. Six years after Linux came on to the scene and 14 years after Richard Stallman gave birth to the GNU project, Eric Raymond put an intangible, untested concept in to words and has arguably had a phenomenal impact on software and geek culture.

When I wrote my 95 Theses of Geek Activism last year, I put in CatB as a required reading as thesis #12 (the order meant nothing!). It could well have been #1, because it was the book that, for me, transformed the open source model from a touchy-feely philosophy to a practical, viable and achievable ideal for software development.

When Richard Stallman introduced the GNU project, it was a philosophy. You stuck with the GNU model because you believed in truth, liberty, freedom and justice. The BSD and other licenses were less philosophically rigid and have hence been taken advantage of by companies. Apple based their operating system OS X on BSD but were not obligated to share their improvements with the BSD community. They could take, but did not have to share. The GPL aimed at changing that- sharing was a many way street.

Linux brought the truly bazaar-style development in to the (geek) mainstream- where every user was a developer and the code was released early and released often. These facets of Linux development were part accidental, part consequences of the GPL and part Linus’ genius. Of course, Raymond was the first to test and formally describe the theories behind the success of Linux and how to apply them to future projects. Raymond tested the bazaar philosophy on his own fetchmail project and the book tracks his success with it.

  • CatB as a Manifesto: This book changed the geek language. Phrases such as the one above about eyeballs and bugs or the fundamental ideas about how to treat your beta testers are now treated as obvious. Indeed, even Yahoo and Google use the idea of treating their users as insider beta testers for many of their products.
  • CatB and O’Reilly: The Cathedral and the Bazaar was the first book published in print (by O’Reilly) with an open source document license. This allowed the book to be copied and modified as long as the resulting work had the same license- a precursor to Creative Commons licenses.
  • The Open Sourcing of Netscape: The open sourcing of the Netscape browser and the start of the Mozilla project at the end of the browser wars in the late 90s is largely attributed to this book. At the time, CTO of Netscape, Eric Nahn told Raymond, “On behalf of everyone at Netscape, I want to thank you for helping us get to this point in the first place. Your thinking and writings were fundamental inspirations to our decision.’‘

Eric Raymond first presented The Cathedral and the Bazaar at the Linux Kongress on May 22nd, 1997 in Würzburg, Germany. Ten years later, Linux is more powerful than ever, Ubuntu is ready for the desktop (says me) and the bazaar model is alive and thriving.

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The Indian Climate Change Tipping Point (update)

Posted by Devanshu on July 2nd, 2007 | Comments

For the second year in a row, the ice stalagmite of immense importance to Hindus- the Shivalinga of Amarnath- has melted completely at the beginning of the pilgrimage season.
Shivalinga at Amarnath taken by Mr. Gangadhar Tambe

Scientists say the melting is due to increased temperatures due to climate change and to the heat generated by increasing numbers of pilgrims flocking to the site, located at an altitude of 3,800 metres.

Last year, elements in the Shri Amarnath Shrine Board had replaced it with a crude fake but did not get away with it. Sepia Mutiny has great before and after photographs from last year. Read more »

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