The U.S. House Judiciary Committee approved HR 3261 (the "Database and
Collections of Information Misappropriation Act") on January 21. As
this bill represents yet another discouraging expansion of American copyright law, it
merits a look. For those who want to read the full text, it is available
in
PDF format.
Unlike many bad intellectual property ideas, database protection is an idea
being imported into the U.S. from Europe. Efforts to prevent the
"misappropriation" of databases have been ongoing for some time; the first
version of the current proposal - based on the 1996 EU
database directive
-- was considered in 1996. It did not pass, but anybody who has
watched the legislative system in operation has learned that these things
keep coming back until the interests behind them finally get what they
want. That would appear to be happening here.
The core of the proposed law can be found in Section 3:
Any person who makes available in commerce to others a
quantitatively substantial part of the information in a database
generated, gathered, or maintained by another person, knowing that
such making available in commerce is without the authorization of
that person (including a successor in interest) or that person's
licensee, when acting within the scope of its license, shall be
liable for the remedies set forth in Section 7...
In plain English, what this law is saying is that copyright protections
will be extended to databases, regardless of whether the information
contained within those databases is, itself, copyrightable. Collections of
information which is, itself, unprotected (pricing information, sports
scores, weather data, etc.) will become protected. In a sense, this law
allows somebody who compiles a database to own the facts found therein.
The definition of a "database" is reasonably broad; it is:
...a
collection of a large number of discrete items of information produced for
the purpose of bringing such discrete items of information together in one
place or through one source so that persons may access them...
There are some interesting exceptions: network routing information, for
example, is explicitly declared not to be a "database." The domain
name registration database is also excluded. Beyond that,
however, just about any collection of information counts.
Given the way other copyright laws have been stretched to the maximum, it
is worth considering what sorts of information could be considered a
database for the purposes of this law. Scientific, economic, and
geographic data is the obvious application. Less obvious, but clearly
covered, is a Linux distribution CD, or any collection of freely-available
software. Certain professional sports organizations have long fought for
ownership of game scores. Lists of audio CDs and the names of the tracks
on them could be included. Network routing tables may be excluded, but the
geographical location of IP addresses is a different story. The EU
directive has been held to outlaw "deep linking" into web sites.
If you go
about reproducing Linus Torvalds quotes, you better be prepared to prove
that they did not come from our definitive collection. And so on.
Hopefully many of these scenarios will not come to pass. But, even so, we
do not really need another expansion of copyright law at this time.
U.S. law has long held that expression is copyrightable, but ideas and
facts are not. HR 3261 overrides that tradition by giving database
creators a degree of control over the facts they have collected from
elsewhere. This bill, while improved over previous versions, is still not
something we want to see passed into law.
Comments (35 posted)
With a new release of KDE right around the corner, we thought we'd take the
first release candidate for a spin to see what KDE 3.2 has to offer.
I used
Konstruct
to build 3.2rc1, which took several hours on an Athlon XP 2600+ with 1GB of
RAM running SUSE 9. Though Konstruct is not new to 3.2, it still deserves a
mention. Konstruct allows the user to build and use a given KDE release (as
well as many KDE apps) without disturbing their current KDE installation,
and doesn't require root access. Users who are hesitant to try new KDE
releases for fear of breaking their current install need not worry.
The first things I noticed about 3.2 were some of the small changes. KDE
3.2 seems faster than the 3.1.4 release that comes with SUSE 9. The
KDE Kicker panel is finally Xinerama friendly again, allowing the user to
span multiple desktops with the Kicker panel if they wish to do so. The KDE
3.1 release forced a user to choose between desktops, and did not allow the
Kicker to span both desktops. The KDE start menu has also changed
slightly; it now includes built in separators between applications, "most
used" applications (as determined by apps launched using the menu), and
"actions." The KDE Menu Editor is largely unchanged from the 3.1.x release,
however.
In previous releases of KDE, users could switch between virtual desktops by
hovering the mouse cursor over the pager on the Kicker panel and scrolling
with the mouse wheel. With the 3.2 release, users can enable the feature
for the entire desktop -- so all a user needs to do is place the mouse
cursor over an empty space on the desktop and use the scroll wheel to move
between virtual desktops, which is an enormously useful feature for users
with several applications spread over multiple desktops.
There are a few accessibility-related applications in 3.2 that might be of
interest to users who have physical limitations. KMouseTool allows the user
to set the mouse to left-click after a set period of time. This is useful
for users with carpal tunnel syndrome, and may also be of interest to
users with touchpads or other non-traditional pointing devices. KMouseTool
also has a "smart drag" feature that takes a bit of getting used to. It
allows the user to hover over a title bar or other window element for a set
period of time and then drag the mouse as if the user were holding down the
left button without actually requiring the user to use the button.
KDE 3.2 includes an improved KHotKeys, which now has support for mouse
gestures. As a safety measure, the user must replicate a mouse gesture
three times before they can assign an action to a mouse gesture. Users can
also assign actions to hotkey combinations and other KDE events. I was able
to use KHotKeys to assign hotkey combinations to launch applications, but
wasn't successful in assigning a mouse gesture to an application. I may
have been doing something incorrectly, but it was hard to tell, as the
KHotKeys documentation was missing from the KDE Help Center.
Konqueror has a number of enhancements in 3.2 as well. First off, the
rendering speed for Konqueror 3.2 is noticeably faster than for Konqueror
3.1.4. Konqueror also has built-in spell checking, which is a nice touch
for anyone who uses a Web-based e-mail client, weblog client or any other
situation where you might be entering text in a form on the Web. Folks
using KDE 3.2 no longer have an excuse for poor spelling -- a quick spell
check is just one right-click away. After using Konqueror about five
minutes, I also discovered another new feature in KDE 3.2: integration with
KWallet. KWallet is an application that stores passwords for websites,
messaging
applications like Kopete and other apps. One difference between KWallet
and the Mozilla password feature, is that KWallet
requires the user to enter a separate password to obtain the
username/password combination for any given web page.
Web developers may find the Quanta 3.2 release interesting. It has a number
of improvements, including "Visual Page Layout," which allows users to edit
web pages in a WYSIWYG mode or a joint editing mode combining WYSIWYG and
traditional text-editing. For users who prefer to edit HTML source
directly, the joint mode offers the ability to immediately see changes
rendered without removing the direct control over the HTML that many
prefer. Quanta has quite a bit to offer, but it is still somewhat
buggy. Quanta locked up a few times during testing, and the application
consumed far more than its share of system resources during use.
With 3.2 KDE now has its own unified groupware suite, Kontact. Kontact
bundles KMail, KOrganizer, KNotes, KNode and the KAddressBook
applications. Right now, Kontact is a little rough around the edges, and
definitely not quite as polished as its GNOME counterpart,
Evolution. KNotes caused Kontact to lock up on more than one
occasion. Kontact also lacks a unified configuration menu -- meaning that
users still have to configure each application separately. However, KNotes
aside, it seems to be a very usable and full-featured groupware
suite. Unlike Evolution, Kontact does allow the user to de-integrate the
suite as well. For example, if a user prefers to use a different e-mail
client, they can disable KMail's integration and use Kontact without the
KMail component.
Though it was released separately, I also looked at some of the KOffice 1.3
components. KOffice 1.3 includes all the usual office suite suspects, a
word processor (KWord), spreadsheet (KSpread) and a presentation program
(KPresenter). It also includes five other productivity applications, including
Kivio for creating flowcharts and a vector drawing application called
Karbon14. I didn't have time to test all of the office applications
extensively,
but I did test out KWord and KSpread using a few Microsoft Office
docs. KSpread's import features have definitely improved, as have
KWord's. However, KWord still had problems with some Microsoft Word
documents that open fine in OpenOffice.org. KOffice 1.3 has been officially
released and is available now.
Ever wonder what's taking up so much disk space? 3.2 includes an
application called Filelight that generates an interactive graphical
representation of your file system, or just part of the filesystem. For
users with a large number of files, it may take some time. It took
Filelight about three minutes to generate a map of all 305,184 files in my
home directory. When a user drills down into the
file map generated by Firelight, it's possible to open files that KDE has
associations for. I stumbled on this feature by accident by clicking on an
HTML file in the Filelight map. Unfortunately, Filelight doesn't offer the
ability to delete files.
With a few notable exceptions, the 3.2rc1 release has proved to be very
stable overall. It isn't a huge leap in functionality from the 3.1.x
releases, but 3.2 includes enough refinements and new features to make the
move from 3.1 to 3.2 well worth it. There are far too many improvements in
3.2 to go into here, but suffice it to say that KDE users are in for a
treat when the final 3.2 release goes "gold." According to the release
schedule, 3.2 final is slated to be released on Monday, February 2nd.
Comments (8 posted)
Certainly the "MyDoom" worm has gotten our attention. By some accounts it
is the fastest-spreading email-based worm ever; there is no doubt that it
has filled our mailboxes with garbage - both the worm itself and the
inevitable piles of "virus notification" spam that this sort of worm
generates. Interestingly,
claims
have appeared in the media that this worm does not actually exploit any
Windows security holes. We know better, of course; the fact that a worm
like MyDoom can exist at all is a clear vulnerability.
So far, this episode just looks like yet another in the interminable series
of worms hosted by the Microsoft computing environment. The story gets
more interesting, however, with the fact that this worm seemingly contains
code to execute a denial-of-service attack against the SCO Group's web
site on February 1, thus ruining Darl McBride's Super Bowl
experience. This attack has, of course, been widely reported in the
mainstream media as an act carried out by the Linux community in
retaliation for SCO's attempts to steal or destroy our work. (SCO itself,
in its
press release offering a bounty for the worm writer's head, took a
relatively neutral tone: "We do not know the
origins or reasons for this attack, although we have our
suspicions.")
You knew this paragraph was coming: the free software community does not and cannot
go for attacks of this sort. This worm is an act of vandalism which does
not help our cause in any way. It will not affect SCO's legal campaign,
and can only help the company's PR campaign. Rather than try to silence
the company's web site, we need to let SCO's words be distributed as widely
as possible. The more they talk, the deeper they dig themselves in. It is
not for nothing that this
picture was recently circulated with the caption "SCO's legal team in
action." Trying to shut down SCO's web site via DOS attacks is morally
wrong and simply counterproductive.
The fact is that this worm almost certainly has nothing to do with SCO or
Linux. The SCO attack has does a good job of covering over a few other
little details about this worm: it does, after all, install a keystroke
logger, a spam relay, and an open port which can be used to feed arbitrary
code into the compromised system. MyDoom turns the system into a general
attack platform; the DOS attack looks thrown in as an afterthought. This
worm is not primarily a machine for attacking SCO; it is constructing a
large-scale distributed network of compromised systems.
The media likes the "SCO attack" story, however, and thus the damage is
done. The community has been portrayed as a set of outlaw crackers trying
to settle a grudge. In fact, we, too, are victims of this worm. Our
networks are flooded and our mailboxes are clogged, even though our Linux
systems are, as usual, immune to the worm itself. And our reputation has
taken a hit because it suits some people to portray this worm as furthering
our agenda. There is nothing about MyDoom which has been good for the
community.
There is little we can do to respond to this worm that we have not been
doing for some time. We can and will deplore this sort of attack,
regardless of who the victim is. We can try to raise awareness of the fact
that these worms are very much the product of one set of proprietary
operating systems with designed-in security problems, and we can let the
world know that we have an alternative which is not a worm-breeding
platform. This message may just be heard: companies dealing with the
consequences of MyDoom and its countless predecessors have suffered far
more than SCO will; they cannot help but be increasingly receptive to
alternative systems. And, most of all, we can continue to work to improve
our own security so that we have a chance of actually living up to our
promise of being a worm-free alternative.
Comments (30 posted)
The folks at
Rackspace Managed Hosting have been
hosting the LWN.net front-line server for almost two years now - ever since
our un-acquisition from Tucows. We have never had anything but great
support and service from Rackspace during this time, despite the fact that
they have been donating this service to LWN in exchange for a few banner
ads. As LWN's traffic has
grown, however, we have overrun the capabilities of both our two-year-old
server and the bandwidth that was allotted to it. So we've had to put some
real thought into how to continue to provide a responsive site with all the
new features that readers have been requesting.
We are now happy to acknowledge that Rackspace has not only given us a
newer, faster server, but it has also upped our monthly bandwidth limit
donation to a level that should be sufficient for a while. Rackspace has
done a lot over the last two years to help keep LWN on the net. We would
like to say "Thanks, Rackspace!" for continuing to come forward and help
keep the site alive.
Comments (7 posted)
Page editor: Jonathan Corbet
Inside this week's LWN.net Weekly Edition
- Security: Top ten web application vulnerabilities; New vulnerabilities in gaim, mod_python, and trr19.
- Kernel: Filesystems in user space; Fixing <tt>sleep_on()</tt> in 2.6; Module unloading in a reference counted world.
- Distributions: A Quick Reference Guide to urpmi; New - Deep-Water/Linux, ThinTUX; Reviews - LibraNet, Linux on Mac, Mandrake Linux 9.2 AMD64, Xandros
- Development: The FlowDesigner Data Flow Development Environment,
New versions of ALSA, cups_ftp, Foomatic, mod_python, Tiki,
Visecas, GNOME Platform Bindings, GQview, Wine, Aethera, KOffice,
Epiphany, Galeon, AbiWord, Liar Liar.
- Press: GNOME 2.6 update, UnitedLinux ends, MyDoom virus, LinuxWorld coverage,
SCO letter to Congress, MS files XML patents, Linux on the campaign trail.
- Announcements: Sun letter to IBM, Real buys into Ogg, LinuxWorld announcements,
Perl Haiku, LAD Conf, CodeCon, Perl and Python conferences.
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