Toto, Africa and copyright..

Super arrangement of Toto’s Africa by the Perpetuum Jazzile.  This rocks. Appeared in my inbox this morning. Thanks Geoff.

Africa is one of those tunes that is part of my mental soundtrack. I hear it and I’m transported back to a humid South African evening, the crickets chirping and the smell of African rain is in the air. Weird, as the band is from LA, and this sort of soft rock normally my thing. But I guess for most of my generation this is a iconic sing along song.  Perpetuum’s performance is really rather special.

But what rocks even more is the response from David Paich, the fellow who wrote the song.

Greetings!

My name is David Paich. When I wrote Africa I never dreamed of hearing such an innovative rendition. All I can say is awesome!!!!!!!!!!!!!!

I am truly honored that you not only would arrange a choir version of the song but the time and effort into creating REAL MAGIC! I have NEVER received so many emails from artists friends and colleagues on a singular performance of a song.

My hats off to all of you.

I know my co-writer Jeff Porcaro would have shared the same feelings. I know my band TOTO does.

Again, thanks you for such a wonderful gift.I would love to meet everyone sometime soon and maybe work together.

Regards………David

This, ladies and gentlemen, is how derivative works should work.  Goodness all around.

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Sunlight, process, systems, moats, tennis courts, flipping, heatmaps, mashups and flat screen TVs.

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From the cc flickrstream of sludgegulper Thanks!

I have been watching and reading about the goings on with the UK parliamentarian expenses with a mixture of incredulousness, dismay, horror, and anger. This is a grave insult to the UK tax payers, and a blow to global democracy.  Corrupt politicians around the world can sleep easy. One man’s moat is another man’s Wabenzi.

Other than all the information about moat cleaners, tennis courts, duck shelters, large screen TVs, iPhones for husbands, 200 mile taxi rides, tax advisors, and mortgage payments on mortgages that no longer existed, I was struck by the absolute lack of process and systems to manage the expenses. The inefficiencies and the lack of control are astounding. 

The problems are bigger than technology, The whole process needs a complete overall, but essentially we are talking about some basic compliance procedures. Workflow approvals, automated routing of claims out of policy, electronic receipt management,and SOD (separation of duties).  Even simple expense management system would go a long way to stopping this sort of abuse happening again. Rules can be easily automated and enforced, and with a bit of configuration, even issues such as flipping and claiming for trivia could be managed.

Driven out of a good process system, the data could also be easily mashed up with consumer analytics tools such as Google maps, and a simple query tool, allowing concerned citizens the right to audit.

Indeed, there has been a wave of excellent mashups and analytic reports based on the data that has been released and collated.

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Charles Arthur over at the Guardian has a closer lookTony Hirst’s blog gives an excellent account on the technical efforts needed to do this. Looking at what he has done with essentially free software. It is interesting to see how various technologies and techniques have been deployed. more here.  It is a fascinating study for anyone interested in analytics and data visualization. It does make the analytics offerings of many of the software vendors I cover seem rather dowdy, but that story is for another day.

Shining a bit of sunshine on the issue by opening up the data  is the best remedy. After all, when I last looked, parliamentarians work for the citizens.

The Database state

I would have blogged on this myself, but day job deadlines mean I can’t give it the attention I would like to.  This makes grim reading. 

Instead I will lift Intrepid Ian’s post.

The Joseph Rowntree Reform Trust has this morning published our report on the UK Database State, which finds that:

  • A quarter of all major public sector databases are fundamentally flawed and almost certainly illegal. These should be scrapped or redesigned immediately;
  • The database state is victimising minority groups and vulnerable people, from single mothers to young black men and schoolchildren;
  • Children are amongst the ‘most at risk’ from Britain’s Database State, with three of the largest databases set up to support and protect children failing to achieve their aims;
  • Data sharing is a barrier to socially responsible activities. It is deterring teenagers from accessing health advice and undermining goodwill towards law enforcement;
  • Only 15% of major public sector databases are effective, proportionate and necessary;
  • We spend £16 billion a year on public sector IT and a further £105bn spending is planned for the next five years – but only 30% of public-sector IT projects succeed.

The runaway growth of public sector databases was surprising even to those of us that follow them closely. They have taken six months to catalogue.
You can see coverage of the report in the Guardian, Telegraph, Times, Independent, BBC News, Daily Mail, Metro and from Reuters.

Twittersquatting.

I’m not a lawyer. This is just my musing,  not any sort of formal legal advice.

I was reviewing answers to my Software and Law survey last night when I saw a tweet  where someone was wondering how to claim the company name back from a Twitter user. The user doesn’t work for the company and was apparently bad mouthing the company. This got me thinking about trademark dispute management in Twitter. or more correctly the lack thereof.

Several years ago I wrote an LLM paper on domain names. It was all about the dispute resolution issues to solve trademark disputes. I remember reading some excellent stuff from legal academics like Froomkin, Edwards, Mueller, and Geist. It was a hot issue at the time, and trademark and domain names are far more complex than first meets the eye. Lots of messy freedom of speech and constitutionality issues. Fun if you like that sort of thing (sadly, I do).

Well, what about cybersquatting in Twitter?  Trademark law applies in Twitterland, the same as it does everywhere else.

Take this case:

1. A person registers the name of a company as a Twitter handle.

2. A reasonable person reading the tweets would then likely assume those tweets came from the company.

3. Those tweets are damaging to the company in that they are misleading, or hostile to the company.

4. Company wants the handle back

5. What happens next?

With domain names, there is a procedure.  It has its flaws, but there is a procedure. 

ICANN has a dispute resolution policy (UDRP), and there is also specific anti-cybersquatting legislation  (ACPA) in the US, and there is case law and specific statute in other countries about domain name disputes. I won’t go into details on the UDRP or the Anti-cybersquatting legislation here, but there is lots of good  information on this issue. see Wikipedia for a start.

Is a Twitter handle a domain name?  If so then the UDRP and the ACPA would conceivably apply, but as Twitter actually own the 2nd level domain name, the Twitter bit in www.twitter.com/name ,  this could get very messy indeed.

Twitter has responsibilities to trademark holders. It has responsibilities to its users and it has responsibilities for privacy and security too. Cool technology is not above the law. This isn’t the first time that Twitter has had IP challenges.

The lawyers are stirring. As one recently stated.

Twitter has become a cesspool of trademark infringement and copyright infringement claims.  Essentially, people set up twitter accounts and add feeds from popular websites and blogs.  They brand the twitter account using the trademark protected logo of a third party and then see how much traffic they can drive.  If you or your company is experiencing brand-jacking on Twitter, contact one of our internet attorneys for more information about your rights and successful approaches to having the infringing content removed.  If you do not protect your trademark registrations and copyrights, who will?

This tone from the lawyer above is not particularly helpful, but the lawyers have a point.  IP infringement does take place in Twitter.  Trademark owners are required to defend their marks, otherwise they risk loosing them.

At the same time Twitter needs to be transparent, even-handed and fair in how it assesses violations. Trademarks often conflict, and simply kowtowing to a trademark holder’s demands  without proper due course isn’t fair to Twitter users either.

According to this post from Steve Poland they still have a lot to learn.  Steve had several Twitter names removed from his possession by Twitter.  He wasn’t happy about it.  Based on the facts in the post I think Twitter were probably right to do so, but the process was far from ideal.

So Twitter, I suggest you create a clear and simple dispute resolution policy for trademark issues, and make it part of your T&Cs. Here is my two cents’ worth.

1. Outline the procedure to challenge a twitter domain registration. Trademark holder to fill in a request form, outlining the grounds for the challenge.

2. Notify the domain name holder that their registration has been challenged, and on what grounds (bad faith, financial gain…)

3. Allow them 2 weeks or so to respond.

4. If the domain name holder wants to contest the challenge, then offer a simple mediation service, at a fixed and relatively small fee, paid for by the challenger.

5. Evidence from both sides to be presented in writing, via an online template,  to the mediator.

6. Mediator replies in writing via email within 10 days or so.

7. Judgement of the mediator is binding on the parties.

8. The fee goes to pay for the mediators, as per the ICANN model.

9. Mediators are required to have a good background in trademark law. Perhaps  this sort of service could be run by law schools with a Information Technology focus?

 

Sort this out please Twitter.

 

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Interior of Kopi,  punk squat and music venue; Kopenicker Strasse, Berlin Photo from the cc Flickr Paul Graham Raven.  Thankyou

George Clooney,David Beckham and the software demo

I’m in the middle of doing a Magic Quadrant at the moment.  It is a lot more work than I imagined, even if Jim is doing the lion’s share of it.  By the end of the process we will have had in depth presentations from nearly 30 vendors, and interviewed many of their customers. But this post isn’t about the details of employee performance management software.

Copyright is a big deal in the software industry. It is the basis on which  most software is sold or  licensed.  licence v sale is another can of worms, and not for a friday evening post.

Software IP is  considered to be a fascinating subject by a very small segment of the population, but it is the foundation upon which our industry is built.  Folks such as Geeklawyer make fortunes out figuring software IP law out.  Software companies around the world pounce aggressively on abuse of  copyright and other IP forms. This is their right, and they are pretty good at exercising it.

Celebrities also make use of copyright and other laws  to protect their image, and to earn their crust(s). When David Beckham advertises a razor, or a pair of sunglasses, the company using that image has coughed up big money for the pleasure thereof. Mr Beckham’s advisors think long and hard whether a particular product fits with his image. 

Nestle paid handsomely for Mr Clooney to sip Nespresso.  And there is a mass of law, and troops of lawyers to defend Mr Beckham’s and Mr Clooney’s  rights to their images. Joe citizen has certain rights, but celebrity image rights is big business. California, home to many celebrities and software companies has strong laws to provide additional rights to celebrities.

Celebrities, athletes, and artists have certain rights in regard to the commercial use of their image, voice, or persona. Under sections 3344 and 3344.1 of the California Civil Code, reproducing or using the image, voice, or persona of someone without their permission constitutes a violation of their privacy rights.

Privacy rights extend to the celebrity status of deceased persons as well. Permission for the reproduction of photographs, movie stills, or other depictions of a deceased celebrity requires permission from the person or corporation who owns the rights to them. thanks to Fergus law office for the info .

Under UK law, the law of passing off can sometimes be used to prevent a celebrity’s image being used overtly to promote a commercial product. Have a look here at this case. more details here.  For those interested in comparative rights to one’s own image, see this paper on SSRN.

Why is it then, that so many software demos include images and data of Mr Beckham, Brad Pitt,  Cameron Diaz, James Bond and Matt Damon?

I’m not a lawyer, but it seems to me that using their names and images without their permission infringes the self same copyright laws that enable software companies to charge money for software. Never mind the more complex and messy issue of privacy and reputation.  

When you demo enterprise software, don’t promote George Clooney to Deputy Vice President,  make jokes about David Beckham being on the bench because he is a bit slow or change Ms Zeta-Jones’ family dental benefit plans. Unless of course, you have permission from the said celeb.  I’ve not even started on the data protection law implications of processing their personal data…

I’m not a lawyer, so if you don’t believe me, have a chat with your in-house legal counsel. You might think it is cool to have a bunch of celebrities in your demo system, but I’m not sure that it is such a good idea. 

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Lords in the cloud, letting in the sunshine.

 

(photo from the flickrstream of Swamibu )

It is apparently Sunshine week in United States of America, so please excuse the metaphor collision.

Over in the UK it is goodness to see nine Lords experimenting with a blog.  It is called Lords of the blog. I quote.

Apparently we are going live today. So far, our blog confessions have had a very limited audience, but now anyone may see what we have been doing.

Not that I have anything to hide. Indeed, I suspect that most members of the Lords would be only too happy if the public could and did take more notice of what we do on their behalf. Some of us spent a lengthy afternoon last Thursday debating the best way to get more people – and especially young people – interested in the way Parliament deals with their concerns, hopes and fears.

It is easy to think of the House of Lords as characters in a PG Wodehouse novel, greeting each other with what ho! chum, eating boarding school nosh, and wondering where the empire went. But that would be wrong. I’ve been lucky enough to meet a lord or two, and even though they expressed a fondness for Yorkshire Pudding, they were right on the money as far as software and technology were concerned.  I blogged some time ago about the House of Lords and RFID and the science and technology select committee .

Though the link had come from the most reliable source on all matters UK law, Geeklawyer, I wondered for a moment if this was a put up job, but no, it seems to be the genuine article. The Hansard society is lending a hand.

It is also interesting to see rather than hosting it over on a server in under the woolsack, they are running it on wordpress.com. If it had been buried in the depths of a government website somewhere, who would read it?  up on WordPress seems somehow less contrived, and less likely that  a  Sir Humphrey  is moderating things in the background.

Having these Nine Lords blog is a fine thing. I look forward to them asking some probing questions about Phorm………