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The global software piracy rate rose to 41% in 2008 from 38% in 2007, costing rights owners an exchange-rate adjusted $50 billion, according to a joint study between the Business Software Alliance (BSA) and IDC released last week. One of the factors driving greater piracy is increased high-speed Internet access, particularly in emerging markets where piracy rates are the highest. Software piracy is rampant on many Internet channels, including peer-to-peer (P2P) networks, auctions sites and websites. On auction sites alone, software piracy is estimated to be between 50% and 90%, according to an earlier BSA report. Other key findings from the May 2009 joint study include: * Even though global software piracy increased overall in 2008, the piracy rate actually dropped in 52% of the 110 countries studied and stayed the same in 35% of them * The impact of the global economic recession on software piracy is so far mixed, as reduced buying power is just one of many factors affecting piracy * Sites offering access to pirated software also spread malware. According to a 2006 IDC study, 29% of websites and 61% of P2P sites offering pirated software attempt to distribute malware. * While the US has the lowest piracy rate in the world-20%-it suffered the largest revenue loss in 2008 due to piracy given its leadership position in the global software industry

"Open source software developers have a powerful set of tools to make distributed authoring of software possible: diff to identify what's changed, patch to apply those changes elsewhere, version control to track changes over time and show provenance. Patch management would be just as important in a collaborative open data project, where users and other researchers might be submitting new or revised data. What would git for data look like? Heck, what would a local branch look like? I have a new attribute, you have a different projection, she has new rows, how does this all tie back together? (I eagerly await claims that RDF will solve this problem and all others) That's just development. The interface between developers and users is the release. State of the art for a lot of government data is the equivalent of source.tar.gz. No version numbers, much the ability to download older versions of the datasets or separate stable and development branches. Why would we want to download the historic version of a dataset? Because a paper used it and we want to test the analysis software that the paper used to ensure we get the same answer. Or because we want to see what our analysis technique would have shown with the knowledge that was available back then. Or simply to be able to track defects. The users of data will have to adapt to the idea of versions, like the users of software have. The maintainers of the dataset might release five different versions of it while you're writing your analysis code, so it can't be a painful process to incorporate the revised data into your project. With software we have shared libraries and dynamic libraries, supported by autotools and such packages. Our code has interfaces and a branch that promises backwards compatibility. What would that look like for data? And what is the data version of the dependency hell that software developers know all-too-well (M 1.5 depends on N 1.7 and P 2.0, but P 2.0 requires N 2.0, and upgrading N to 2.0 br

"While appreciating the need for stopping "Software Piracy", the attention of the Government should however be drawn to long term strategies to make Piracy un economical to both the "Pirate" and the "Consumer". The industry has seen a dramatic reduction of pirated copies of Windows since its prices were brought down. The continuation of piracy in other software is to a large extent a result of unreasonable pricing by manufactures. Prices are being determined by them based on their costs and profit requirements rather than the utility value of the software. For example, how many home users can justify the need to buy a Office 2000 paying say around Rs 20,000 which is the cost of the entire hardware system they have bought?. Most offices would find it uneconomical to buy software at such costs. "

There has been much discussion in the free software community and in the press about the inadequacy of Microsoft's Office Open XML (OOXML) as a standard, including good analysis of some of the shortcomings of Microsoft's Open Specification Promise (OSP), a promise that is supposed to protect projects from patent risk. Nonetheless, following the close of the ISO-BRM meeting in Geneva, SFLC's clients and colleagues have continued to express uncertainty as to whether the OSP would adequately apply to implementations licensed under the GNU General Public License (GPL). In response to these requests for clarification, we publicly conclude that the OSP provides no assurance to GPL developers and that it is unsafe to rely upon the OSP for any free software implementation, whether under the GPL or another free software license.

In a new tack against piracy, Microsoft Corp. will make a series of investments in the Chinese city of Hangzhou, which has promised to clamp down on illegitimate software. Microsoft will build two new technology centers and make other investments in the wealthy city on China's east coast, with the aim to establish a model city where intellectual-property rights have greater protections than elsewhere in China. In October, Microsoft started sending out software updates that turned users' computer wallpapers black if they had a pirated Windows operating system, a move that sparked anger among some Chinese users.

"The country's existing information framework is scattered, with each state establishing its own data centre for automating land records, transport and municipal applications, among others. The PII plans to host all software applications on a cloud (internet), increasing efficiency and speed as well as slashing costs. "Government schemes costing about Rs 130,000 crore annually exist in silos. There is no single delivery point for citizens," said a presentation highlighting the PII's need. "The PII will consolidate about 100 schemes of India, spread across 75 departments and 35 states into a single information infrastructure." Mr Pitroda said duplicity in data will thus be removed. "Each department in the country wants to make its own software, even if it does exactly the same thing," he said. "

"The six classes of works are: (1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances: (i) Educational uses by college and university professors and by college and university film and media studies students; (ii) Documentary filmmaking; (iii) Noncommercial videos (2) Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset. (3) Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network. (4) Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if: (i) The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and (ii) The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation

Using open source software was about "better and more effective government". He criticised government IT procurement for lacking "open standards" and making it difficult for small companies to get the contracts. "All too often a government IT system is incompatible with other types of software, which stifles competition and hampers innovation. "Looking at the litany of IT projects that have collapsed or spiralled over budget, it's clear too that this has meant billions of pounds wasted and public service reform being hampered," Mr Osborne said. "The government's approach needs to be overhauled."

The Centre for Internet and Society filed an RTI application to Visvesvaraya Technological University asking it to provide details about its curriculum design, and its tie-ups with various software vendors. (The Microsoft DreamSparkProgram is an initiative by Microsoft where all the students of the VTU would be allowed to download free versions of Microsoft original software and portraying an act of benignity from Microsoft for the student community. Microsoft through this program (with the real intention of suppressing any development of intellectual self reliance of the students), was able to make a deal with the VTU.)

Spammers have already written software able to match humans at some CAPTCHAs. But when CAPTCHAs finally fail, their co-creator Luis von Ahn at Carnegie Mellon University says there will be reason for celebration as well as concern. Software that can solve any text-based CAPTCHA will be as much a milestone for artificial intelligence as it will be a problem for online security.

"Over the past years, various Member States have repeatedly requested that WIPO become inclusive of all methodologies to foster innovation, including Copyright, Patents, Free Software and Open Innovation Models. Many Member States successfully employ a wider mix of methodologies on a national level already, such as Germany, which as part of its response to the financial crisis decided to invest 500m EUR into the focus areas Green IT, IT-Security and Free Software. Other examples exist from various Member States around the world, spanning all regional groups."

The OSI-MMX controversy. "So, in my view, the OSI should not give in to this blackmail, but should stand firm on the fundamental principle that software patents are an unmitigated harm for free software. It should reject the current proposed licence, and insist that if the MPEG Working Group wishes to benefit from open source, it should play by open source's rules."

A new report in a Swedish news site, IDG, recently reported (Google translation) that officials from the BSA are now admitting that their own statistics shouldn't be treated seriously or should be treated like a pinch of salt. From the report:

"I think the trend is now clear. There have been a number of cases in the last five years and if you look at the way they have been decided - the Kazaa case in Australia clearly referred to the American [Grokster] decision and just tweaked the law in a way that suited the rights holders. In Belgium, an ISP [Scarlet] was forced to implement filtering [June 2007, Belgian Society of Authors Composers and Publishers (SABAM) v Scarlet, Brussels Court of First Instance, currently under appeal]; there was a case in Finland [June 2008, Finnish Court of Appeal, where administrators of P2P site Finreactor were sued on an individual basis and 21 people were jointly fined €500,000 ($647,284) for copyright infringement and assisting copyright infringement; 14 are appealing] where the BitTorrent super-users were found guilty and they pleaded they were only linking. So I do see that trend." [...] "The big frustration is that we act for all these legal services who pay lots of money to the rights holders, and it's almost impossible to get licenses. They are so expensive and the process is so slow. Two or three years can go by and you can throw millions at trying to get a compelling service launched, and there are obstacles in the way all the time. Pandora is a great example, it's just not possible [to operate it in Europe]. We also advise Last.fm and MySpace, it's just so much hard work. This is the irony: they [labels] complain about piracy and then you walk in the door with a new service with some VC funding and an amazing bit of software that is essentially promoting and selling their content. But they say 'we are not moving unless you give us an advance of $5 million plus equity."

Sun's former CEO rails out against using software patents to threaten competition.

A Google Patent application in June 2008: A computer-implemented method is disclosed that includes receiving on a mobile device a search query associated with a geographic location, providing one or more search results in response to the search query, the search results each being associated with a geographic location, and presenting on a graphical display of the computing device icons corresponding to each search result and also corresponding to a key on the computing device.

The Act contains some contentious provisions - such as Clause 79, which has been widely criticised as being "draconian". Some provisions recommended by the Parliamentary Committee had been rejected by the Union government - particularly Clause 73 relatin g to cyber cafes maintaining a registry of persons and Web sites logged into. The Bill has been passed in some undue haste, for reasons not very clear. In this regard, the points raised by the Opposition are valid because the Act lacks clarity in many re spects, and seems to have been drafted without adequate legal and, more important, technical inputs. It must be emphasised that the optimistic projections by organisations such as NASSCOM (the National Association for Software and Service Companies), that the Act would boost the volume of e-commerce in India from the current Rs.450 crores to over Rs.2,5 00 crores and to Rs.10,000 crores by 2002, are quite misplaced. First, in the Indian context, much of the e-commerce involves neither business-to-client (B2C) transactions nor business-to-business (B2B) transactions but largely revenue from advertising o n the Web. Therefore, it becomes difficult to term precisely what e-commerce is and to quantify its value. Secondly, the Act itself is not going to alter greatly the situation because, for one, as legal experts point out, even in the absence of the Act t he judiciary would not have dismissed an evidence just because it is in the nature of an e-mail or an electronic document. It would have been treated as circumstantial evidence to the case at hand, and the provisions in the Indian Penal Code and the Crim inal Procedure Code have sufficient interpretative room to provide for prosecution if such evidence is conclusive.

Privacy advocates urge people who want to set up a personal health record online to read the fine print. Deven McGraw, director of the health privacy project at the Washington-based Center for Democracy and Technology, said sites like the Mayo Clinic Health Manager aren't currently covered by national laws that specify cases in which health care systems can access and share information without patients' consent.