Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

19 August, 2015

BREAKING: Netneutrality more complex than you thought!

It was simple: netneutrality is good. Companies shouldn't be able to buy their way on a fast lane! That stifles innovation and competition and risks ruining the internet. Just like John Oliver explained it! But now the Brazilians are making things complicated.

Brazil was one of the first countries to introduce strong Net Neutrality laws, points for them. But now, Brazilian banks and local government are paying for the data bundles of users! Heresy! Why?

Well, many Brazilians can't afford a data bundle. Yet they need to bank, or order new passports. And it turns out that handling people in person at the office is more expensive for the banks and local governments than have them use an app on their phone. So, they made a deal with some local providers: users, even without a data bundle, can do their banking online and order their passports without paying. That seems like a win-win.

Zero rating, as this practice is called, exempts some services from from the data bundle - exactly what Brasil is doing. It is used widely in India ("internet.org") and in Chile it offered many people access to a limited set of internet services - until it was outlawed. But in a country where only a quarter of the citizens has access to broadband internet, aren't we doing the population a disservice by taking away their internet access, however limited?

Zero rating is essentially the equivalent of a collect call - the receiver pays. What is wrong with that? Even wikimedia supports zero rating!

It isn't win-win but lose-it-all

The thing is - the provider will be the gate keeper of what services you can. You are allowed only on a piece of the internet, being blocked not by technical boundaries but by a business model. A model which allows providers to extract more money from their business than they otherwise would have - not by offering more services, but by offering less.

The result will inevitably be lower data caps because it forces more companies to pay for zero rating! This is exactly what happens in Canada, where $45 gets you 2GB of data - compare that to the price of 8 dollars for the same amount in Finland. Canada is now changing the rules. Cable providers have figured that out, too, and try imposing limits while excepting certain services. And indeed, when providers introduce zero rating, prices go up!


Interestingly, when zero-rating is squashed, the opposite happens. When the government forbade zero rating in the Netherlands, its largest provider KPN responded by doubling their users' data caps without a price hike.

Thus, my suggestion to the Brazil government would be: work with providers to get indiscriminate data bundles to more users, rather than empowering providers to control their users' Internet usage.


Zero rating exist by virtue of artificial Internet scarcity in the form of usage caps and it is not part of the solution to bringing Internet access to everybody. It is part of the problem.

31 July, 2011

Harmony horrors

Besides the positive things, there's some less nice stuff to talk about.

On the other side of the web, I kept discussing Harmony with Allison (Canonical) until I asked something and got no response anymore.

Bringing up arguments like "it provides more clarity to contributors, a 'check point' to look at the legal situation and reassurance of legal status to users" or the already-debunked "but it is helps protect the copyrights and handling of disappearing contributors" doesn't convince me that contributors should sign away their code while running the risk TO GET SUED BY THE COMPANY THEY JUST GAVE THEIR CODE TO FOR WRITING IT IN THE FIRST PLACE. Seriously, that's a risk, read Michael's post.

The whole problem with CLA's and the like is and remains that you give but don't get even the least of protection or right. All risk remains with you - if you overlooked any patents on the code you just signed away to the company, they can sue you, or let others do so. And you can infringe on patents of the code you yourself just wrote. And in case you're defending yourself in court, they can sell your patents you need to defend yourself to the company attacking you (or they already might have, years ago). So they get to monetize your contribution any way they see fit, including selling it to the highest bidder, patenting it and suing anyone who writes something similar. You get - well, what do you mean, you want something?
You got to write code for them, didn't you? For free! You should be happy you got to contribute to such a great company! Now get out of the way or we sue you!

Honestly, I wasn't enthusiastic about Harmony but as I'm no lawyer and not really capable of reading the legal speak of the (hard to get to) licenses I didn't know it was that bad. Ok, it's a 1.0 release, signing it might burn your house or let anyone sue you. I'd say a warning on the site might be in place...

Read Michael Meeks' interesting insights. Little to say after that, imho. The pro arguments are not convincing at all, the con's are big. I'd recommend to never sign a CLA or work for any company requiring you to do so - unless they pay you of course. After all, that's the whole point:
If a company wants ownership to your code, they should pay you!

30 July, 2011

KDE release on Radio Antwerp

As usual lots going on. I haven't mentioned it anywhere yet, so: congrats to all KDE peeps for the release of SC 4.7 ;-)

I presented the release on Radio Antwerp Centraal a few days ago. I had helped out a bit with the release announcement but hadn't had a recent look so I had to catch up to the major highlights quickly. Worked out great, though. Also discussed Tumbleweed and GNOME with the radio dude. Not sure what the initial plan was but I found myself talk for a full program in the end... Surprise, huh?

On the other side of the world I went to CLS last week. Still have to turn my notes into something readable - struggling with crappy sleep, family visits and other time-eating things. And the DS is upcoming... But I'll blog about this later, promise!