Alan Cox Files DRM related Patent

I've seen quite a bit of buzz about the patent application recently filed by Alan Cox. Here's the summary of the patent:
The present invention provides a technique for preventing the unauthorized use of a computer application, operating system, or other program without causing the loss of any information or data. Specifically, the technique of the present invention monitors a computer program for use that is not in compliance with acceptable terms. These terms may be defined, for example, through the use of a license agreement between the computer program provider and the user. When unauthorized use of the computer program is detected, any information and data is saved and the computer program and/or a portion of the computer system is disabled. The specifics concerning data that is saved may be determined, for example, by the computer program vendor or the user upon installation of the computer program. Similarly, a conventional “suspend to disc” operation may be utilized. The suspension of the computer program and/or a portion of the system may be maintained for as long as the violation exists, thereby permitting the user to, for example, renew any expired license terms. Once compliance has been reestablished, suspension of the computer program and/or a portion of the system is terminated and activities resumed. In situations where compliance is not reestablished, the data may be transferred to the user.
My interpretation is that it's a way for DRM to save data in the case of non-compliance, or to suspend the program until compliance is reached. Some seem to think this indicates Red Hat will go after Microsoft after Vista is mainstream. I can't conceivable see that to be the case. Issues such as prior art aside, that seems unlikely to me for two reasons. First, it's way outside the current operating parameters of Red Hat. They're not the kind of company I see going on a patent offensive. They get that software patents are inherently broken. Next, they can't at this point in their lifetime (young, small and growing rapidly with a sustainable business model) want to get into a legal battle with Microsoft, who has piles of cash and a legion of battle tested lawyers. So why the patent application? I'd say it's part of a plan that they've been building on for about two years now. The systematic buildup of strategic defensive patents, with the goal of amassing enough defensives to avoid being the target of a patent related suit. With Ballmer making thinly veiled threats, what choice do they really have. While they know the system is broken, that doesn't mean they don't have to play the game.
–jeremy

MySQL Stats

I just logged into the LQ MySQL server to get some statistics. I have a couple ideas for some optimizations and wanted to get a baseline on things. I fired up mytop and got the following:
Queries Total: 1,033,746,636 Avg/Sec: 112.80 Now/Sec: 119.93 Slow: 667
Cache Hits : 478,453,845 Avg/Sec: 52.21 Now/Sec: 56.15 Ratio: 46.28%

Not too shabby – one billion queries since the last MySQL restart. Almost all of the “Slow” queries are either me doing maintenance (some of which just simply use long queries) or queries going on during our snapshots (which I plan to move to the slave soon). I think we have a good handle on the current LQ growth, which continues to be fantastic. Performance is important, but we're also adding some interesting features in the near future. Stay tuned.
–jeremy

Flash 9 Final for Linux (and an odd EULA)

A quick follow up to this discussion, it looks like Flash 9 Final for Linux has been released. Kudos to the Adobe team. I know some don't like flash (which I think is more indicative of the abuses in implementation such as horrific seizure inducing ads than anything else) but these days many sites just don't function well without it. There is already enough discussion going around about Flash not being Open Source, so I won't add to that. I do have a different comment though. Has anyone read the EULA on Flash? The following stuck me as extremely odd:
3.1 Web Player Prohibited Devices. You may not Use any Web Player on any non-PC device or with any embedded or device version of any operating system. For the avoidance of doubt, and by example only, you may not use a Web Player on any (a) mobile devices, set top boxes (STB), handhelds, phones, web pads, tablets and Tablet PCs that are not running Windows XP Tablet PC Edition, game consoles, TVs, DVD players, media centers (excluding Windows XP Media Center Edition and its successors), electronic billboards or other digital signage, internet appliances or other internet-connected devices, PDAs, medical devices, ATMs, telematic devices, gaming machines, home automation systems, kiosks, remote control devices, or any other consumer electronics device, (b) operator-based mobile, cable, satellite, or television systems or (c) other closed system devices.
(Full version here.) Does it seem strange to anyone that a format that relies 100% on being ubiquitous has such arcane arbitrary limitations? What could the possible benefits of this be to Adobe? If they don't get flash going on mobile (never mind specifically disallowing it) they are in trouble. Where the …and Tablet PCs that are not running Windows XP Tablet PC Edition came from is also beyond me. So if I purchase an IBM tablet and put Linux on it, I'm not legally allowed to run Flash? That's asinine.
–jeremy
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World’s Highest Linux Distribution

It's amazing where you end up running into Linux these days :) It's a true testament to Linux and Open Source that the same OS that powers many of the most powerful computers in the world is also the one that keeps you entertained in an embedded system mid-flight. BTW, congratulation to Chris on his recent wedding.
–jeremy

Fluendo makes proprietary codecs available to Linux users

From the release:
In response to the growing demand for proprietary multimedia codecs on the open-source Linux platform, multimedia software development company Fluendo has released GStreamer codec plugins that provide native support for a variety of proprietary media formats. Available from Fluendo's web shop, several of the plugins facilitate encoding as well as playback. In order to provide these codecs without risking legal conflict, Fluendo has properly licensed the relevant patents on the various formats from their respective holders.
Currently, many Linux video applications facilitate Windows Media video playback using Windows DLL files and Wine, which provides suboptimal performance, particularly with streaming video. Additionally, proprietary codec support in many current open source media players potentially constitutes patent infringement. Fluendo's codecs could potentially provide better integration for streaming Windows Media playback in Linux web browsers as well as through GStreamer-based desktop applications like Totem. GStreamer, developed in part by Fluendo, is an increasingly popular open source multimedia editing and playback framework designed primarily for use on open source operating systems. “We have had these codecs in development for quite some time, to ensure they are of the highest quality possible and that all legal aspects are properly covered,” says Fluendo cofounder Pascal Pegaz, “By offering this drop-in solution we hope to increase the competitiveness of the GNU/Linux and Solaris platforms.”

Developer Christian Schaller also comments on his blog and elsewhere adds:
I see a lot of people confused about why we are releasing these codecs when there are things like the open source ffmpeg codecs etc. Our goal is not to provide the community with codecs which there is absolutely no support for already as that would be foolish. Our goal is to provide a 100% legal option which I know a lot of companies who have or want to deploy linux desktops have been looking for. These companies like open source, but they also have policies in place which hinders them from deploying solutions which have clear patent issues hanging over them in their country of operations. This is unfortunately the case with most multimedia codecs and even though we have spent a lot on resources on Xiph codecs here at Fluendo and are now working with BBC on Dirac there is still some way to go before the need for non-free codecs are gone.
So for those in a situation where they can freely use gst-ffmpeg and similar options, more power to you! For those who the lack of licensed codecs has been a hindrance or problem for adopting Linux (or Solaris) desktops at your company or institution or even private use, then we hope our plugins will be a good solution.

A few comments. I definitely agree that the current state of Linux multimedia is not acceptable long term. A quick blog search will bring up a number of posts on this topic. While part of the argument comes down to the “what do we want to give up” meme that I've consistently repeated recently, I'll approach this from a different angle for now. While I wish Fluendo a ton of luck on this endeavor and appreciate all the work they've done on GStreamer (which has come a long way), I'd be surprised if this is a significant success unless they get some OEM distribution uptake. Now, obviously that can't currently come in the gratis community releases, but that's fine – people are willing to pay for a working OS. Linspire has already gone this route and supports almost everything (from mp3 to wmv) right out of the box. While I've seen good reviews, I've not tried the product myself and haven't heard how successful commercially it's been. With an integrated solutions already available, I'm not sure people will be willing to spend $30 for a completely separated non-integrated product. The average user wants things to “just work”, and do so out of the box. So will distribution vendors come aboard? That remains to be seen. Like it or not at the main stream level we need to somehow deal with non-free codecs. While I am 100% fine going the mplayer/ugly/ffmpeg route personally, that is not an option for companies or aunt millie. I see this move by Fluendo as sort of a toe dip. If it gains enough traction with users and enough acceptance from the Open Source community, it will be a bit of an evolutionary step in the process. This is a complicated issue and I've left some of my opinion and ideas out of it for now – what do you think?
–jeremy
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The economic impact of open source on Europe

Matt has some summary information on the report I mentioned here. Here are a few snippets from his post:
Rishab Aiyer Ghosh and UNU-Merit put together this insightful report on the impact of FLOSS (an unfortunate acronym for free/libre open source software) on the European economy. It was financed by the European Commission's Directorate General for Enterprise and Industry.
Why does it matter? The paper starts by suggesting that the information economy accounts for ~10% of the GDP of most developed nations, and more than 50% of their economic growth. Think about that. If even remotely true, it means that the kind of IT we espouse matters a great deal. It's fundamental to our future economic growth. Do we want closed or open economies? I think the answer to that is obvious.

There are a couple of observation made in the post that I agree with. While the study points out the F/LOSS adoption is higher in the EU than it is in the US, commercial adoption is almost certainly higher in the US. The post covers some additional top level highlights, such as % of code contributed by individuals vs. firms vs. institutions, the direct impact of open source on the European economy, innovation, % of software developers in the U.S employed by proprietary packaged software firms (it's lower than you guessed) and more. The conclusion:
So what does this mean for Europe? The report challenges us with the following scenarios:
Europe faces three scenarios:
CLOSED, where existing business models are entrenched through legal and technical regulation, favouring a passive consumer model over new businesses supporting active participation in an information society of “prosumers”;
GENERIC, where current mixed policies lead to a gradual growth of FLOSS while many of the opportunities it presents are missed;
VOLUNTARY, where policies and the market develop to recognise and utilise the potential of FLOSS and similar collaborative models of creativity to harness the full power of active citizens in the information society.

I'm looking forward to reading the entire report even more now. Just have to make some time.
–jeremy

Where does open source code come from?

From this article:
The European Commission has published its final report on the Economic Impact of FLOSS (Free/Libre Open Source Software) on innovation and competitiveness of the EU ICT sector.
Weighing in at 287 pages it will take some time to digest, and contains enough data and statistics to fill a blog for a whole year.

One interesting nugget in the report (which I've not had a chance to fully read yet) was a “top ten business contributors” list, based on number of Person-months. To be honest, I was a bit surprised by the list. Sun was number one, which was no surprise. Rounding out the top three were IBM and Red Hat, also very much expected. The rest of the list:
4 Silicon Graphics
5 SAP
6 MySQL
7 Netscape
8 Ximian
9 Realnetworks
10 AT&T

That's where the surprises came in. Many companies I'd have expected to be there are suspiciously absent. SAP was also a surprise up that high. I'll have to look into what else aside from MaxDB they've donated. Just goes to show that code isn't always coming from the places you think it is. I'd guess I'll be posting more about the report as I get a chance to read it.
(originally from Matt Asay)
–jeremy
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SCALE 5X and LinuxWorld Summit – It's going to be a busy week

Well, I've just confirmed bookings for both SCALE 5X (where LQ is a sponsor) and LinuxWorld Open Solutions Summit (where I'm on the speakers list). Considering the events are only a couple days apart but 2,795 miles apart, it should be an interesting week. I do have one day to “sleep in my own bed” in between the two events, so it should work out fine ;) I attended SCALE 4X last year and it was a great event. I'm really looking forward to both of these. If you'll be at either one and would like to meet up, drop me a line.
–jeremy

Down with HTML email

I may be in the vast minority here, but I see anything that decreases the viability of HTML mail as a good thing ;) Then again, I mostly use pine (occasionally Thunderbird on the laptop and Chatter+ on the Treo). The LQ Community Bulletin, which has well over 100,000 subscribers, has always been plain text and will continue to be plain text. Along with the great pains we take to do things right (which I won't even get into), that's probably why we have exceptional delivery rates and such a low number of unsubscriptions. I think people are tired of being marketed to non-stop. It's not that HTML email can't be done right, it's just so abused that I think at this point most people wish it would go away. Now, we're one step closer.
–jeremy

The iPhone and Open Platforms

When I first saw the presentation on the iPhone, I have to admit I was impressed. Even though it was 6 months away, it just looked so nice. A huge screen, a real OS on it, that Apple polish – my only real concern was how I would like typing an email on a touch screen, as opposed to the keyboard on my Treo. The more details that come out about the device, however, the more I am underwhelmed. By far the biggest disappointment has to be that third party apps won't be allowed. From the article:
The Mac’s stumble was in part because of pricing and in part because Mr. Jobs had intentionally restricted its expandability. Despite his assertion that a slow data connection would be sufficient, the gamble failed when Apple’s business stalled and Mr. Jobs was forced out of the company by the chief executive he had brought in, John Sculley.
In a similar fashion, Mr. Jobs is gambling that people will pay a premium ($499 or $599) for the iPhone and appears to have sought to limit its expandability.
The device is not currently compatible with the faster 3G wireless data networks that are driving sharp gains in cellular revenues in the United States, although several Apple insiders said the phone could be upgraded to 3G with software if Apple later decides to do so.
Moreover, Mr. Jobs also appears to be restricting the potential for third-party software developers to write applications for the new handset — from ringtones to word processors.
To be sure, this strategy has not limited the success of the iPod, which has become the defining hand-held consumer appliance and fashion statement in the last half-decade. The world of digital cellular phones, however, is rapidly becoming a simple extension of the world of personal computing. The leading handset makers — Microsoft, Motorola, Nokia, Palm, Research in Motion, Samsung and Sony Ericsson — are all pushing in the direction of making their devices increasingly look like PCs you can put in your pocket.
Mr. Jobs is moving in that direction, too, but it appears that he wants to control his device much more closely than his competitors.
“We define everything that is on the phone,” he said. “You don’t want your phone to be like a PC. The last thing you want is to have loaded three apps on your phone and then you go to make a call and it doesn’t work anymore. These are more like iPods than they are like computers.”

You think he would have learned his lesson after what happened with the Mac the first time. His assertion that “You need it to work when you need it to work. Cingular doesn’t want to see their West Coast network go down because some application messed up.” is almost amusing. The major strength of the Treo is that a huge variety of third party apps run on it. Yes, some of them definitely hurt its stability, but you learn to stay away from those. I flat out would not use a Treo without the addition, non-Palm, apps. It's that cut and dry (at least for me). In this day and age, a smartphone needs to be an open platform with open interfaces. It's the direction everyone (including Palm, RIM, Microsoft, Motorola and Nokia) are going. This phone could have been so much. While I doubt it will be an all out failure, if they stick to their guns on this issue, I don't think the phone will ever reach its full potential. We'll have to see how this plays out, but I'm clearly not alone in my general thinking.
–jeremy
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