tech in changing society – Page 4

Many layers of cloud computing, or just one?

business, tech in changing society, technology / Scott Granneman / 20 December 2008

From Nicholas Carr’s “Further musings on the network effect and the cloud” (Rough Type: 27 October 2008):

I think O’Reilly did a nice job of identifying the different layers of the cloud computing business – infrastructure, development platform, applications – and I think he’s right that they’ll have different economic and competitive characteristics. One thing we don’t know yet, though, is whether those layers will in the long run exist as separate industry sectors or whether they’ll collapse into a single supply model. In other words, will the infrastructure suppliers also come to dominate the supply of apps? Google and Microsoft are obviously trying to play across all three layers, while Amazon so far seems content to focus on the infrastructure business and Salesforce is expanding from the apps layer to the development platform layer. The degree to which the layers remain, or don’t remain, discrete business sectors will play a huge role in determining the ultimate shape, economics, and degree of consolidation in cloud computing.

Let me end on a speculative note: There’s one layer in the cloud that O’Reilly failed to mention, and that layer is actually on top of the application layer. It’s what I’ll call the device layer – encompassing all the various appliances people will use to tap the cloud – and it may ultimately come to be the most interesting layer. A hundred years ago, when Tesla, Westinghouse, Insull, and others were building the cloud of that time – the electric grid – companies viewed the effort in terms of the inputs to their business: in particular, the power they needed to run the machines that produced the goods they sold. But the real revolutionary aspect of the electric grid was not the way it changed business inputs – though that was indeed dramatic – but the way it changed business outputs. After the grid was built, we saw an avalanche of new products outfitted with electric cords, many of which were inconceivable before the grid’s arrival. The real fortunes were made by those companies that thought most creatively about the devices that consumers would plug into the grid. Today, we’re already seeing hints of the device layer – of the cloud as output rather than input. Look at the way, for instance, that the little old iPod has shaped the digital music cloud.

Many layers of cloud computing, or just one? Read More »

Problems with airport security

history, law, security, tech in changing society / Scott Granneman / 20 December 2008

From Jeffrey Goldberg’s “The Things He Carried” (The Atlantic: November 2008):

Because the TSA’s security regimen seems to be mainly thing-based—most of its 44,500 airport officers are assigned to truffle through carry-on bags for things like guns, bombs, three-ounce tubes of anthrax, Crest toothpaste, nail clippers, Snapple, and so on—I focused my efforts on bringing bad things through security in many different airports, primarily my home airport, Washington’s Reagan National, the one situated approximately 17 feet from the Pentagon, but also in Los Angeles, New York, Miami, Chicago, and at the Wilkes-Barre/Scranton International Airport (which is where I came closest to arousing at least a modest level of suspicion, receiving a symbolic pat-down—all frisks that avoid the sensitive regions are by definition symbolic—and one question about the presence of a Leatherman Multi-Tool in my pocket; said Leatherman was confiscated and is now, I hope, living with the loving family of a TSA employee). And because I have a fair amount of experience reporting on terrorists, and because terrorist groups produce large quantities of branded knickknacks, I’ve amassed an inspiring collection of al-Qaeda T-shirts, Islamic Jihad flags, Hezbollah videotapes, and inflatable Yasir Arafat dolls (really). All these things I’ve carried with me through airports across the country. I’ve also carried, at various times: pocketknives, matches from hotels in Beirut and Peshawar, dust masks, lengths of rope, cigarette lighters, nail clippers, eight-ounce tubes of toothpaste (in my front pocket), bottles of Fiji Water (which is foreign), and, of course, box cutters. I was selected for secondary screening four times—out of dozens of passages through security checkpoints—during this extended experiment. At one screening, I was relieved of a pair of nail clippers; during another, a can of shaving cream.

During one secondary inspection, at O’Hare International Airport in Chicago, I was wearing under my shirt a spectacular, only-in-America device called a “Beerbelly,” a neoprene sling that holds a polyurethane bladder and drinking tube. The Beerbelly, designed originally to sneak alcohol—up to 80 ounces—into football games, can quite obviously be used to sneak up to 80 ounces of liquid through airport security. (The company that manufactures the Beerbelly also makes something called a “Winerack,” a bra that holds up to 25 ounces of booze and is recommended, according to the company’s Web site, for PTA meetings.) My Beerbelly, which fit comfortably over my beer belly, contained two cans’ worth of Bud Light at the time of the inspection. It went undetected. The eight-ounce bottle of water in my carry-on bag, however, was seized by the federal government.

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Schneier and I walked to the security checkpoint. “Counterterrorism in the airport is a show designed to make people feel better,” he said. “Only two things have made flying safer: the reinforcement of cockpit doors, and the fact that passengers know now to resist hijackers.” This assumes, of course, that al-Qaeda will target airplanes for hijacking, or target aviation at all. “We defend against what the terrorists did last week,” Schneier said. He believes that the country would be just as safe as it is today if airport security were rolled back to pre-9/11 levels. “Spend the rest of your money on intelligence, investigations, and emergency response.”

…

We took our shoes off and placed our laptops in bins. Schneier took from his bag a 12-ounce container labeled “saline solution.”

“It’s allowed,” he said. Medical supplies, such as saline solution for contact-lens cleaning, don’t fall under the TSA’s three-ounce rule.

“What’s allowed?” I asked. “Saline solution, or bottles labeled saline solution?”

“Bottles labeled saline solution. They won’t check what’s in it, trust me.”

They did not check. As we gathered our belongings, Schneier held up the bottle and said to the nearest security officer, “This is okay, right?” “Yep,” the officer said. “Just have to put it in the tray.”

“Maybe if you lit it on fire, he’d pay attention,” I said, risking arrest for making a joke at airport security. (Later, Schneier would carry two bottles labeled saline solution—24 ounces in total—through security. An officer asked him why he needed two bottles. “Two eyes,” he said. He was allowed to keep the bottles.)

We were in the clear. But what did we prove?

“We proved that the ID triangle is hopeless,” Schneier said.

The ID triangle: before a passenger boards a commercial flight, he interacts with his airline or the government three times—when he purchases his ticket; when he passes through airport security; and finally at the gate, when he presents his boarding pass to an airline agent. It is at the first point of contact, when the ticket is purchased, that a passenger’s name is checked against the government’s no-fly list. It is not checked again, and for this reason, Schneier argued, the process is merely another form of security theater.

“The goal is to make sure that this ID triangle represents one person,” he explained. “Here’s how you get around it. Let’s assume you’re a terrorist and you believe your name is on the watch list.” It’s easy for a terrorist to check whether the government has cottoned on to his existence, Schneier said; he simply has to submit his name online to the new, privately run CLEAR program, which is meant to fast-pass approved travelers through security. If the terrorist is rejected, then he knows he’s on the watch list.

To slip through the only check against the no-fly list, the terrorist uses a stolen credit card to buy a ticket under a fake name. “Then you print a fake boarding pass with your real name on it and go to the airport. You give your real ID, and the fake boarding pass with your real name on it, to security. They’re checking the documents against each other. They’re not checking your name against the no-fly list—that was done on the airline’s computers. Once you’re through security, you rip up the fake boarding pass, and use the real boarding pass that has the name from the stolen credit card. Then you board the plane, because they’re not checking your name against your ID at boarding.”

What if you don’t know how to steal a credit card?

“Then you’re a stupid terrorist and the government will catch you,” he said.

What if you don’t know how to download a PDF of an actual boarding pass and alter it on a home computer?

“Then you’re a stupid terrorist and the government will catch you.”

I couldn’t believe that what Schneier was saying was true—in the national debate over the no-fly list, it is seldom, if ever, mentioned that the no-fly list doesn’t work. “It’s true,” he said. “The gap blows the whole system out of the water.”

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Bruce Schneier on wholesale, constant surveillance

politics, security, tech in changing society / Scott Granneman / 17 December 2008

From Stephen J. Dubner’s interview with Bruce Schneier in “Bruce Schneier Blazes Through Your Questions” (The New York Times: 4 December 2007):

There’s a huge difference between nosy neighbors and cameras. Cameras are everywhere. Cameras are always on. Cameras have perfect memory. It’s not the surveillance we’ve been used to; it’s wholesale surveillance. I wrote about this here, and said this: “Wholesale surveillance is a whole new world. It’s not ‘follow that car,’ it’s ‘follow every car.’ The National Security Agency can eavesdrop on every phone call, looking for patterns of communication or keywords that might indicate a conversation between terrorists. Many airports collect the license plates of every car in their parking lots, and can use that database to locate suspicious or abandoned cars. Several cities have stationary or car-mounted license-plate scanners that keep records of every car that passes, and save that data for later analysis.

“More and more, we leave a trail of electronic footprints as we go through our daily lives. We used to walk into a bookstore, browse, and buy a book with cash. Now we visit Amazon, and all of our browsing and purchases are recorded. We used to throw a quarter in a toll booth; now EZ Pass records the date and time our car passed through the booth. Data about us are collected when we make a phone call, send an e-mail message, make a purchase with our credit card, or visit a Web site.”

What’s happening is that we are all effectively under constant surveillance. No one is looking at the data most of the time, but we can all be watched in the past, present, and future. And while mining this data is mostly useless for finding terrorists (I wrote about that here), it’s very useful in controlling a population.

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How the Storm botnet defeats anti-virus programs

business, security, tech in changing society / Scott Granneman / 7 December 2008

From Lisa Vaas’ “Storm Worm Botnet Lobotomizing Anti-Virus Programs” (eWeek: 24 October 2007):

According to an Oct. 22 posting by Sophos analyst Richard Cohen, the Storm botnet – Sophos calls it Dorf, and its also known as Ecard malware – is dropping files that call a routine that gets Windows to tell it every time a new process is started. The malware checks the process file name against an internal list and kills the ones that match – sometimes. But Storm has taken a new twist: It now would rather leave processes running and just patch entry points of loading processes that might pose a threat to it. Then, when processes such as anti-virus programs run, they simply return a value of 0.

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The strategy means that users wont be alarmed by their anti-virus software not running. Even more ominously, the technique is designed to fool NAC (network access control) systems, which bar insecure clients from registering on a network by checking to see whether a client is running anti-virus software and whether its patched.

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Its the latest evidence of why Storm is “the scariest and most substantial threat” security researchers have ever seen, he said. Storm is patient, its resilient, its adaptive in that it can defeat anti-virus products in multiple ways (programmatically, it changes its signature every 30 minutes), its invisible because it comes with a rootkit built in and hides at the kernel level, and its clever enough to change every few weeks.

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Hence the hush-hush nature of research around Storm. Corman said he can tell us that its now accurately pegged at 6 million, but he cant tell us who came up with the figure, or how. Besides retribution, Storms ability to morph means that those who know how to watch it are jealously guarding their techniques. “None of the researchers wanted me to say anything about it,” Corman said. “They’re afraid of retaliation. They fear that if we disclose their unique means of finding information on Storm,” the botnet herder will change tactics yet again and the window into Storm will slam shut.

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One group files 99.9% of all complaints about TV content

business, language & literature, law, politics, tech in changing society / Scott Granneman / 30 November 2008

From Christopher M. Fairman’s “Fuck” (bepress Legal Series: 7 March 2006):

The PTC [Parents Television Council] is a perfect example of the way word taboo is perpetuated. The group’s own irrational word fetish – which they try to then impose on others – fuels unhealthy attitudes toward sex that then furthers the taboo status of the word. See supra notes 119-121 and accompanying text (describing this taboo effect). The PTC has even created a pull-down, web-based form that allows people to file an instant complaint with the FCC about specific broadcasts, apparently without regard to whether you actually saw the program or not. See, e.g., FCC Indecency Complaint Form, https://www.parentstv.org/ptc/action/sweeps/main.asp (last visited Feb. 10, 2006) (allowing instant complaints to be filed against episodes of NCIS, Family Guy, and/or The Vibe Awards). This squeaky wheel of a special interest group literally dominates FCC complaints. Consider this data. In 2003, the PTC was responsible for filing 99.86% of all indecency complaints. In 2004, the figure was up to 99.9%.

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CopyBot copies all sorts of items in Second Life

art, business, history, security, tech in changing society / Scott Granneman / 29 November 2008

From Glyn Moody’s “The duplicitous inhabitants of Second Life” (The Guardian: 23 November 2006):

What would happen to business and society if you could easily make a copy of anything – not just MP3s and DVDs, but clothes, chairs and even houses? That may not be a problem most of us will have to confront for a while yet, but the 1.5m residents of the virtual world Second Life are already grappling with this issue.

A new program called CopyBot allows Second Life users to duplicate repeatedly certain elements of any object in the vicinity – and sometimes all of it. That’s awkward in a world where such virtual goods can be sold for real money. When CopyBot first appeared, some retailers in Second Life shut up shop, convinced that their virtual goods were about to be endlessly copied and rendered worthless. Others protested, and suggested that in the absence of scarcity, Second Life’s economy would collapse.

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Instead of sending a flow of pictures of the virtual world to the user as a series of pixels – something that would be impractical to calculate – the information would be transmitted as a list of basic shapes that were re-created on the user’s PC. For example, a virtual house might be a cuboid with rectangles representing windows and doors, cylinders for the chimney stacks etc.

This meant the local world could be sent in great detail very compactly, but also that the software on the user’s machine had all the information for making a copy of any nearby object. It’s like the web: in order to display a page, the browser receives not an image of the page, but all the underlying HTML code to generate that page, which also means that the HTML of any web page can be copied perfectly. Thus CopyBot – written by a group called libsecondlife as part of an open-source project to create Second Life applications – or something like it was bound to appear one day.

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Liberating the economy has led to a boom in creativity, just as Rosedale hoped. It is in constant expansion as people buy virtual land, and every day more than $500,000 (£263,000) is spent buying virtual objects. But the downside is that unwanted copying is potentially a threat to the substantial businesses selling virtual goods that have been built up, and a concern for the real-life companies such as IBM, Adidas and Nissan which are beginning to enter Second Life.

Just as it is probably not feasible to stop “grey goo” – the Second Life equivalent of spam, which takes the form of self- replicating objects malicious “griefers” use to gum up the main servers – so it is probably technically impossible to stop copying. Fortunately, not all aspects of an object can be duplicated. To create complex items – such as a virtual car that can be driven – you use a special programming language to code their realistic behaviour. CopyBot cannot duplicate these programs because they are never passed to the user, but run on the Linden Lab’s computers.

As for the elements that you can copy, such as shape and texture, Rosedale explains: “What we’re going to do is add a lot of attribution. You’ll be able to easily see when an object or texture was first created,” – and hence if something is a later copy.

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An analysis of Google’s technology, 2005

business, history, science, security, tech in changing society, technology / Scott Granneman / 28 November 2008

From Stephen E. Arnold’s The Google Legacy: How Google’s Internet Search is Transforming Application Software (Infonortics: September 2005):

The figure Google’s Fusion: Hardware and Software Engineering shows that Google’s technology framework has two areas of activity. There is the software engineering effort that focuses on PageRank and other applications. Software engineering, as used here, means writing code and thinking about how computer systems operate in order to get work done quickly. Quickly means the sub one-second response times that Google is able to maintain despite its surging growth in usage, applications and data processing.

The other effort focuses on hardware. Google has refined server racks, cable placement, cooling devices, and data center layout. The payoff is lower operating costs and the ability to scale as demand for computing resources increases. With faster turnaround and the elimination of such troublesome jobs as backing up data, Google’s hardware innovations give it a competitive advantage few of its rivals can equal as of mid-2005.

…

How Google Is Different from MSN and Yahoo

Google’s technologyis simultaneously just like other online companies’ technology, and very different. A data center is usually a facility owned and operated by a third party where customers place their servers. The staff of the data center manage the power, air conditioning and routine maintenance. The customer specifies the computers and components. When a data center must expand, the staff of the facility may handle virtually all routine chores and may work with the customer’s engineers for certain more specialized tasks.

Before looking at some significant engineering differences between Google and two of its major competitors, review this list of characteristics for a Google data center.

1. Google data centers – now numbering about two dozen, although no one outside Google knows the exact number or their locations. They come online and automatically, under the direction of the Google File System, start getting work from other data centers. These facilities, sometimes filled with 10,000 or more Google computers, find one another and configure themselves with minimal human intervention.

2. The hardware in a Google data center can be bought at a local computer store. Google uses the same types of memory, disc drives, fans and power supplies as those in a standard desktop PC.

3. Each Google server comes in a standard case called a pizza box with one important change: the plugs and ports are at the front of the box to make access faster and easier.

4. Google racks are assembled for Google to hold servers on their front and back sides. This effectively allows a standard rack, normally holding 40 pizza box servers, to hold 80.

5. A Google data center can go from a stack of parts to online operation in as little as 72 hours, unlike more typical data centers that can require a week or even a month to get additional resources online.

6. Each server, rack and data center works in a way that is similar to what is called “plug and play.” Like a mouse plugged into the USB port on a laptop, Google’s network of data centers knows when more resources have been connected. These resources, for the most part, go into operation without human intervention.

Several of these factors are dependent on software. This overlap between the hardware and software competencies at Google, as previously noted, illustrates the symbiotic relationship between these two different engineering approaches. At Google, from its inception, Google software and Google hardware have been tightly coupled. Google is not a software company nor is it a hardware company. Google is, like IBM, a company that owes its existence to both hardware and software. Unlike IBM, Google has a business model that is advertiser supported. Technically, Google is conceptually closer to IBM (at one time a hardware and software company) than it is to Microsoft (primarily a software company) or Yahoo! (an integrator of multiple softwares).

Software and hardware engineering cannot be easily segregated at Google. At MSN and Yahoo hardware and software are more loosely-coupled. Two examples will illustrate these differences.

Microsoft – with some minor excursions into the Xbox game machine and peripherals – develops operating systems and traditional applications. Microsoft has multiple operating systems, and its engineers are hard at work on the company’s next-generation of operating systems.

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Several observations are warranted:

1. Unlike Google, Microsoft does not focus on performance as an end in itself. As a result, Microsoft gets performance the way most computer users do. Microsoft buys or upgrades machines. Microsoft does not fiddle with its operating systems and their subfunctions to get that extra time slice or two out of the hardware.

2. Unlike Google, Microsoft has to support many operating systems and invest time and energy in making certain that important legacy applications such as Microsoft Office or SQLServer can run on these new operating systems. Microsoft has a boat anchor tied to its engineer’s ankles. The boat anchor is the need to ensure that legacy code works in Microsoft’s latest and greatest operating systems.

3. Unlike Google, Microsoft has no significant track record in designing and building hardware for distributed, massively parallelised computing. The mice and keyboards were a success. Microsoft has continued to lose money on the Xbox, and the sudden demise of Microsoft’s entry into the home network hardware market provides more evidence that Microsoft does not have a hardware competency equal to Google’s.

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Yahoo! operates differently from both Google and Microsoft. Yahoo! is in mid-2005 a direct competitor to Google for advertising dollars. Yahoo! has grown through acquisitions. In search, for example, Yahoo acquired 3721.com to handle Chinese language search and retrieval. Yahoo bought Inktomi to provide Web search. Yahoo bought Stata Labs in order to provide users with search and retrieval of their Yahoo! mail. Yahoo! also owns AllTheWeb.com, a Web search site created by FAST Search & Transfer. Yahoo! owns the Overture search technology used by advertisers to locate key words to bid on. Yahoo! owns Alta Vista, the Web search system developed by Digital Equipment Corp. Yahoo! licenses InQuira search for customer support functions. Yahoo has a jumble of search technology; Google has one search technology.

Historically Yahoo has acquired technology companies and allowed each company to operate its technology in a silo. Integration of these different technologies is a time-consuming, expensive activity for Yahoo. Each of these software applications requires servers and systems particular to each technology. The result is that Yahoo has a mosaic of operating systems, hardware and systems. Yahoo!’s problem is different from Microsoft’s legacy boat-anchor problem. Yahoo! faces a Balkan-states problem.

There are many voices, many needs, and many opposing interests. Yahoo! must invest in management resources to keep the peace. Yahoo! does not have a core competency in hardware engineering for performance and consistency. Yahoo! may well have considerable competency in supporting a crazy-quilt of hardware and operating systems, however. Yahoo! is not a software engineering company. Its engineers make functions from disparate systems available via a portal.

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The figure below provides an overview of the mid-2005 technical orientation of Google, Microsoft and Yahoo.

The Technology Precepts

… five precepts thread through Google’s technical papers and presentations. The following snapshots are extreme simplifications of complex, yet extremely fundamental, aspects of the Googleplex.

Cheap Hardware and Smart Software

Google approaches the problem of reducing the costs of hardware, set up, burn-in and maintenance pragmatically. A large number of cheap devices using off-the-shelf commodity controllers, cables and memory reduces costs. But cheap hardware fails.

In order to minimize the “cost” of failure, Google conceived of smart software that would perform whatever tasks were needed when hardware devices fail. A single device or an entire rack of devices could crash, and the overall system would not fail. More important, when such a crash occurs, no full-time systems engineering team has to perform technical triage at 3 a.m.

The focus on low-cost, commodity hardware and smart software is part of the Google culture.

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Logical Architecture

Google’s technical papers do not describe the architecture of the Googleplex as self-similar. Google’s technical papers provide tantalizing glimpses of an approach to online systems that makes a single server share features and functions of a cluster of servers, a complete data center, and a group of Google’s data centers.

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The collections of servers running Google applications on the Google version of Linux is a supercomputer. The Googleplex can perform mundane computing chores like taking a user’s query and matching it to documents Google has indexed. Further more, the Googleplex can perform side calculations needed to embed ads in the results pages shown to user, execute parallelized, high-speed data transfers like computers running state-of-the-art storage devices, and handle necessary housekeeping chores for usage tracking and billing.

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When Google needs to add processing capacity or additional storage, Google’s engineers plug in the needed resources. Due to self-similarity, the Googleplex can recognize, configure and use the new resource. Google has an almost unlimited flexibility with regard to scaling and accessing the capabilities of the Googleplex.

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In Google’s self-similar architecture, the loss of an individual device is irrelevant. In fact, a rack or a data center can fail without data loss or taking the Googleplex down. The Google operating system ensures that each file is written three to six times to different storage devices. When a copy of that file is not available, the Googleplex consults a log for the location of the copies of the needed file. The application then uses that replica of the needed file and continues with the job’s processing.

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Speed and Then More Speed

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Google uses commodity pizza box servers organized in a cluster. A cluster is group of computers that are joined together to create a more robust system. Instead of using exotic servers with eight or more processors, Google generally uses servers that have two processors similar to those found in a typical home computer.

Through proprietary changes to Linux and other engineering innovations, Google is able to achieve supercomputer performance from components that are cheap and widely available.

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… engineers familiar with Google believe that read rates may in some clusters approach 2,000 megabytes a second. When commodity hardware gets better, Google runs faster without paying a premium for that performance gain.

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Another key notion of speed at Google concerns writing computer programs to deploy to Google users. Google has developed short cuts to programming. An example is Google’s creating a library of canned functions to make it easy for a programmer to optimize a program to run on the Googleplex computer. At Microsoft or Yahoo, a programmer must write some code or fiddle with code to get different pieces of a program to execute simultaneously using multiple processors. Not at Google. A programmer writes a program, uses a function from a Google bundle of canned routines, and lets the Googleplex handle the details. Google’s programmers are freed from much of the tedium associated with writing software for a distributed, parallel computer.

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Eliminate or Reduce Certain System Expenses

Some lucky investors jumped on the Google bandwagon early. Nevertheless, Google was frugal, partly by necessity and partly by design. The focus on frugality influenced many hardware and software engineering decisions at the company.

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Drawbacks of the Googleplex

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The Laws of Physics: Heat and Power 101

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In reality, no one knows. Google has a rapidly expanding number of data centers. The data center near Atlanta, Georgia, is one of the newest deployed. This state-of-the-art facility reflects what Google engineers have learned about heat and power issues in its other data centers. Within the last 12 months, Google has shifted from concentrating its servers at about a dozen data centers, each with 10,000 or more servers, to about 60 data centers, each with fewer machines. The change is a response to the heat and power issues associated with larger concentrations of Google servers.

The most failure prone components are:

Fans.

IDE drives which fail at the rate of one per 1,000 drives per day.

Power supplies which fail at a lower rate.

Leveraging the Googleplex

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Google’s technology is one major challenge to Microsoft and Yahoo. So to conclude this cursory and vastly simplified look at Google technology, consider these items:

1. Google is fast anywhere in the world.

2. Google learns. When the heat and power problems at dense data centers surfaced, Google introduced cooling and power conservation innovations to its two dozen data centers.

3. Programmers want to work at Google. “Google has cachet,” said one recent University of Washington graduate.

4. Google’s operating and scaling costs are lower than most other firms offering similar businesses.

5. Google squeezes more work out of programmers and engineers by design.

6. Google does not break down, or at least it has not gone offline since 2000.

7. Google’s Googleplex can deliver desktop-server applications now.

8. Google’s applications install and update without burdening the user with gory details and messy crashes.

9. Google’s patents provide basic technology insight pertinent to Google’s core functionality.

An analysis of Google’s technology, 2005 Read More »

Richard Stallman on why “intellectual property” is a misnomer

business, language & literature, law, tech in changing society / Scott Granneman / 28 November 2008

From Richard Stallman’s “Transcript of Richard Stallman at the 4th international GPLv3 conference; 23rd August 2006” (FSF Europe: 23 August 2006):

Anyway, the term “intellectual property” is a propaganda term which should never be used, because merely using it, no matter what you say about it, presumes it makes sense. It doesn’t really make sense, because it lumps together several different laws that are more different than similar.

For instance, copyright law and patent law have a little bit in common, but all the details are different and their social effects are different. To try to treat them as they were one thing, is already an error.

To even talk about anything that includes copyright and patent law, means you’re already mistaken. That term systematically leads people into mistakes. But, copyright law and patent law are not the only ones it includes. It also includes trademark law, for instance, which has nothing in common with copyright or patent law. So anyone talking about “quote intellectual property unquote”, is always talking about all of those and many others as well and making nonsensical statements.

So, when you say that you especially object to it when it’s used for Free Software, you’re suggesting it might be a little more legitimate when talking about proprietary software. Yes, software can be copyrighted. And yes, in some countries techniques can be patented. And certainly there can be trademark names for programs, which I think is fine. There’s no problem there. But these are three completely different things, and any attempt to mix them up – any practice which encourages people to lump them together is a terribly harmful practice. We have to totally reject the term “quote intellectual property unquote”. I will not let any excuse convince me to accept the meaningfulness of that term.

When people say “well, what would you call it?”, the answer is that I deny there is an “it” there. There are three, and many more, laws there, and I talk about these laws by their names, and I don’t mix them up.

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Richard Stallman on proprietary software

business, politics, tech in changing society, technology / Scott Granneman / 28 November 2008

From Richard Stallman’s “Transcript of Richard Stallman at the 4th international GPLv3 conference; 23rd August 2006” (FSF Europe: 23 August 2006):

I hope to see all proprietary software wiped out. That’s what I aim for. That would be a World in which our freedom is respected. A proprietary program is a program that is not free. That is to say, a program that does respect the user’s essential rights. That’s evil. A proprietary program is part of a predatory scheme where people who don’t value their freedom are drawn into giving it up in order to gain some kind of practical convenience. And then once they’re there, it’s harder and harder to get out. Our goal is to rescue people from this.

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Richard Stallman on the 4 freedoms

business, education, politics, science, tech in changing society, technology / Scott Granneman / 28 November 2008

From Richard Stallman’s “Transcript of Richard Stallman at the 4th international GPLv3 conference; 23rd August 2006” (FSF Europe: 23 August 2006):

Specifically, this refers to four essential freedoms, which are the definition of Free Software.

Freedom zero is the freedom to run the program, as you wish, for any purpose.

Freedom one is the freedom to study the source code and then change it so that it does what you wish.

Freedom two is the freedom to help your neighbour, which is the freedom to distribute, including publication, copies of the program to others when you wish.

Freedom three is the freedom to help build your community, which is the freedom to distribute, including publication, your modified versions, when you wish.

These four freedoms make it possible for users to live an upright, ethical life as a member of a community and enable us individually and collectively to have control over what our software does and thus to have control over our computing.

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Debt collection business opens up huge security holes

business, law, security, tech in changing society / Scott Granneman / 28 November 2008

From Mark Gibbs’ “Debt collectors mining your secrets” (Network World: 19 June 2008):

[Bud Hibbs, a consumer advocate] told me any debt collection company has access to an incredible amount of personal data from hundreds of possible sources and the motivation to mine it.

What intrigued me after talking with Hibbs was how the debt collection business works. It turns out pretty much anyone can set up a collections operation by buying a package of bad debts for around $40,000, hiring collectors who will work on commission, and applying for the appropriate city and state licenses. Once a company is set up it can buy access to Axciom and Experian and other databases and start hunting down defaulters.

So, here we have an entire industry dedicated to buying, selling and mining your personal data that has been derived from who knows where. Even better, because the large credit reporting companies use a lot of outsourcing for data entry, much of this data has probably been processed in India or Pakistan where, of course, the data security and integrity are guaranteed.

Hibbs points out that, with no prohibitions on sending data abroad and with the likes of, say, the Russian mafia being interested in the personal information, the probability of identity theft from these foreign data centers is enormous.

Debt collection business opens up huge security holes Read More »

Matthew, the blind phone phreaker

history, law, security, tech in changing society / Scott Granneman / 28 November 2008

From Kevin Poulsen’s “Teenage Hacker Is Blind, Brash and in the Crosshairs of the FBI” (Wired: 29 February 2008):

At 4 in the morning of May 1, 2005, deputies from the El Paso County Sheriff’s Office converged on the suburban Colorado Springs home of Richard Gasper, a TSA screener at the local Colorado Springs Municipal Airport. They were expecting to find a desperate, suicidal gunman holding Gasper and his daughter hostage.

“I will shoot,” the gravely voice had warned, in a phone call to police minutes earlier. “I’m not afraid. I will shoot, and then I will kill myself, because I don’t care.”

But instead of a gunman, it was Gasper himself who stepped into the glare of police floodlights. Deputies ordered Gasper’s hands up and held him for 90 minutes while searching the house. They found no armed intruder, no hostages bound in duct tape. Just Gasper’s 18-year-old daughter and his baffled parents.

A federal Joint Terrorism Task Force would later conclude that Gasper had been the victim of a new type of nasty hoax, called “swatting,” that was spreading across the United States. Pranksters were phoning police with fake murders and hostage crises, spoofing their caller IDs so the calls appear to be coming from inside the target’s home. The result: police SWAT teams rolling to the scene, sometimes bursting into homes, guns drawn.

Now the FBI thinks it has identified the culprit in the Colorado swatting as a 17-year-old East Boston phone phreak known as “Li’l Hacker.” Because he’s underage, Wired.com is not reporting Li’l Hacker’s last name. His first name is Matthew, and he poses a unique challenge to the federal justice system, because he is blind from birth.

…

Interviews by Wired.com with Matt and his associates, and a review of court documents, FBI reports and audio recordings, paints a picture of a young man with an uncanny talent for quick telephone con jobs. Able to commit vast amounts of information to memory instantly, Matt has mastered the intricacies of telephone switching systems, while developing an innate understanding of human psychology and organization culture — knowledge that he uses to manipulate his patsies and torment his foes.

…

Matt says he ordered phone company switch manuals off the internet and paid to have them translated into Braille. He became a regular caller to internal telephone company lines, where he’d masquerade as an employee to perform tricks like tracing telephone calls, getting free phone features, obtaining confidential customer information and disconnecting his rivals’ phones.

It was, relatively speaking, mild stuff. The teen though, soon fell in with a bad crowd. The party lines were dominated by a gang of half-a-dozen miscreants who informally called themselves the “Wrecking Crew” and “The Cavalry.”
…

By then, Matt’s reputation had taken on a life of its own, and tales of some of his hacks — perhaps apocryphal — are now legends. According to Daniels, he hacked his school’s PBX so that every phone would ring at once. Another time, he took control of a hotel elevator, sending it up and down over and over again. One story has it that Matt phoned a telephone company frame room worker at home in the middle of the night, and persuaded him to get out of bed and return to work to disconnect someone’s phone.

Matthew, the blind phone phreaker Read More »

Luddites and e-books

business, history, on writing, tech in changing society / Scott Granneman / 27 November 2008

From Clay Shirky’s “The Siren Song of Luddism” (Britannica Blog: 19 June 2007):

…any technology that fixes a problem … threatens the people who profit from the previous inefficiency. However, Gorman omits mentioning the Luddite response: an attempt to halt the spread of mechanical looms which, though beneficial to the general populace, threatened the livelihoods of King Ludd’s band.

… printing was itself enormously disruptive, and many people wanted veto power over its spread as well. Indeed, one of the great Luddites of history (if we can apply the label anachronistically) was Johannes Trithemius, who argued in the late 1400s that the printing revolution be contained, in order to shield scribes from adverse effects.

…

The uncomfortable fact is that the advantages of paper have become decoupled from the advantages of publishing; a big part of preference for reading on paper is expressed by hitting the print button. As we know from Lyman and Varian’s “How Much Information?” study, “the vast majority of original information on paper is produced by individuals in office documents and postal mail, not in formally published titles such as books, newspapers and journals.”

…

The problems with e-books are that they are not radical enough: they dispense with the best aspect of books (paper as a display medium) while simultaneously aiming to disable the best aspects of electronic data (sharability, copyability, searchability, editability.)

…

If we gathered every bit of output from traditional publishers, we could line them up in order of vulnerability to digital evanescence. Reference works were the first to go — phone books, dictionaries, and thesauri have largely gone digital; the encyclopedia is going, as are scholarly journals. Last to go will be novels — it will be some time before anyone reads One Hundred Years of Solitude in any format other than a traditionally printed book. Some time, however, is not forever. The old institutions, and especially publishers and libraries, have been forced to use paper not just for display, for which is it well suited, but also for storage, transport, and categorization, things for which paper is completely terrible. We are now able to recover from those disadvantages, though only by transforming the institutions organized around the older assumptions.

Luddites and e-books Read More »

Asheron’s Call had no mechanism for secure trade between players

business, history, tech in changing society / Scott Granneman / 27 November 2008

From Timothy Burke’s “The Cookie Monster Economy and ‘Guild Socialism’” (Terra Nova: 2 May 2008):

Mechanisms of exchange have evolved in graphical, commercial virtual worlds from some remarkably crude beginnings. Veterans of the early days of the first Asheron’s Call may remember that at one point, there was no mechanic for secure trade between players. You could hand someone else an item, and then wait and hope for payment in kind. Players responded to that certainty by trying to improvise a reputational culture, including players who built reputations as a trustworthy mobile escrow (both players in a trade would hand their items to the escrow player)., who would then verify that the trade met both of their expectations and distribute the items to their new owners.

Asheron’s Call had no mechanism for secure trade between players Read More »

A botnet with a contingency plan

business, law, security, tech in changing society / Scott Granneman / 27 November 2008

From Gregg Keizer’s “Massive botnet returns from the dead, starts spamming” (Computerworld: 26 November 2008):

A big spam-spewing botnet shut down two weeks ago has been resurrected, security researchers said today, and is again under the control of criminals.

The “Srizbi” botnet returned from the dead late Tuesday, said Fengmin Gong, chief security content officer at FireEye Inc., when the infected PCs were able to successfully reconnect with new command-and-control servers, which are now based in Estonia.

Srizbi was knocked out more than two weeks ago when McColo Corp., a hosting company that had been accused of harboring a wide range of criminal activities, was yanked off the Internet by its upstream service providers. With McColo down, PCs infected with Srizbi and other bot Trojan horses were unable to communicate with their command servers, which had been hosted by McColo. As a result, spam levels dropped precipitously.

But as other researchers noted last week, Srizbi had a fallback strategy. In the end, that strategy paid off for the criminals who control the botnet.

According to Gong, when Srizbi bots were unable to connect with the command-and-control servers hosted by McColo, they tried to connect with new servers via domains that were generated on the fly by an internal algorithm. FireEye reverse-engineered Srizbi, rooted out that algorithm and used it to predict, then preemptively register, several hundred of the possible routing domains.

The domain names, said Gong, were generated on a three-day cycle, and for a while, FireEye was able to keep up — and effectively block Srizbi’s handlers from regaining control.

“We have registered a couple hundred domains,” Gong said, “but we made the decision that we cannot afford to spend so much money to keep registering so many [domain] names.”

Once FireEye stopped preempting Srizbi’s makers, the latter swooped in and registered the five domains in the next cycle. Those domains, in turn, pointed Srizbi bots to the new command-and-control servers, which then immediately updated the infected machines to a new version of the malware.

A botnet with a contingency plan Read More »

1st label with more than half of sales from digital

art, business, tech in changing society / Scott Granneman / 27 November 2008

From Tim Arango’s “Digital Sales Surpass CDs at Atlantic” (The New York Times: 25 November 2008):

Atlantic, a unit of Warner Music Group, says it has reached a milestone that no other major record label has hit: more than half of its music sales in the United States are now from digital products, like downloads on iTunes and ring tones for cellphones.

…

At the Warner Music Group, Atlantic’s parent company, digital represented 27 percent of its American recorded-music revenue during the fourth quarter. (Warner does not break out financial data for its labels, but Atlantic said that digital sales accounted for about 51 percent of its revenue.)

With the milestone comes a sobering reality already familiar to newspapers and television producers. While digital delivery is becoming a bigger slice of the pie, the overall pie is shrinking fast. Analysts at Forrester Research estimate that music sales in the United States will decline to $9.2 billion in 2013, from $10.1 billion this year. That compares with $14.6 billion in 1999, according to the Recording Industry Association of America.

As a result, the hope that digital revenue will eventually compensate for declining sales of CDs — and usher in overall growth — have largely been dashed.

1st label with more than half of sales from digital Read More »

Why American car companies are in trouble

business, history, tech in changing society / Scott Granneman / 27 November 2008

From Paul Ingrassia’s “How Detroit Drove Into a Ditch” (The Wall Street Journal: 25 October 2008):

This situation doesn’t stem from the recent meltdown in banking and the markets. GM, Ford and Chrysler have been losing billions since 2005, when the U.S. economy was still healthy. The financial crisis does, however, greatly exacerbate Detroit’s woes. As car sales plunge — both in the U.S. and in Detroit’s once-booming overseas markets — it’s becoming nearly impossible for the companies to cut costs fast enough to keep pace with the evaporation of their revenue. All three companies, once the very symbol of American economic might, need new capital, but their options for raising it are limited.

In all this lies a tale of hubris, missed opportunities, disastrous decisions and flawed leadership of almost biblical proportions. In fact, for the last 30 years Detroit has gone astray, repented, gone astray and repented again in a cycle not unlike the Israelites in the Book of Exodus.

…

Detroit failed to grasp — or at least to address — the fundamental nature of its Japanese competition. Japan’s car companies, and more recently the Germans and Koreans, gained a competitive advantage largely by forging an alliance with American workers.

Detroit, meanwhile, has remained mired in mutual mistrust with the United Auto Workers union. While the suspicion has abated somewhat in recent years, it never has disappeared — which is why Detroit’s factories remain vastly more cumbersome to manage than the factories of foreign car companies in the U.S.

…

Two incidents in 1936 and 1937 formed this lasting labor-management divide: the sit-down strike at GM’s factories in Flint, Mich., and the Battle of the Overpass in Detroit, in which Ford goons beat up union organizers. But the United Auto Workers prevailed, and as the GM-Ford-Chrysler oligopoly emerged in the 1940s, the union gained a labor monopoly in American auto factories. As costs increased, the companies routinely passed them on to U.S. consumers, who had virtually no alternatives in buying cars.

…

Nissan, Toyota and other Japanese car companies soon started building factories in America, followed by German and Korean auto makers. There are now 16 foreign-owned assembly plants in the U.S., and many more that build engines, transmissions and other components.

…

Several years ago Ford even considered dropping cars altogether because they weren’t profitable, and focusing entirely on trucks. Then in 2005, Hurricane Katrina and growing oil demand from China and India sent gasoline prices soaring and SUV sales plunging. GM lost $10.6 billion that year. Ford topped that by losing $12.7 billion in 2006. Last summer Daimler gave up on Chrysler, selling it to private-equity powerhouse Cerberus for about one-fourth of what it had paid to buy Chrysler. Last fall the UAW approved significant wage and benefit concessions, but they won’t kick in until 2010. That might be too late. GM lost $15.5 billion in this year’s second quarter, Ford lost $8.7 billion, and further losses are coming. (Closely held Chrysler, of course, doesn’t report financial results.)

Why American car companies are in trouble Read More »

The NSA and threats to privacy

history, law, politics, security, tech in changing society, technology / Scott Granneman / 27 November 2008

From James Bamford’s “Big Brother Is Listening” (The Atlantic: April 2006):

This legislation, the 1978 Foreign Intelligence Surveillance Act, established the FISA court—made up of eleven judges handpicked by the chief justice of the United States—as a secret part of the federal judiciary. The court’s job is to decide whether to grant warrants requested by the NSA or the FBI to monitor communications of American citizens and legal residents. The law allows the government up to three days after it starts eavesdropping to ask for a warrant; every violation of FISA carries a penalty of up to five years in prison. Between May 18, 1979, when the court opened for business, until the end of 2004, it granted 18,742 NSA and FBI applications; it turned down only four outright.

Such facts worry Jonathan Turley, a George Washington University law professor who worked for the NSA as an intern while in law school in the 1980s. The FISA “courtroom,” hidden away on the top floor of the Justice Department building (because even its location is supposed to be secret), is actually a heavily protected, windowless, bug-proof installation known as a Sensitive Compartmented Information Facility, or SCIF.

…

It is true that the court has been getting tougher. From 1979 through 2000, it modified only two out of 13,087 warrant requests. But from the start of the Bush administration, in 2001, the number of modifications increased to 179 out of 5,645 requests. Most of those—173—involved what the court terms “substantive modifications.”

…

Contrary to popular perception, the NSA does not engage in “wiretapping”; it collects signals intelligence, or “sigint.” In contrast to the image we have from movies and television of an FBI agent placing a listening device on a target’s phone line, the NSA intercepts entire streams of electronic communications containing millions of telephone calls and e-mails. It runs the intercepts through very powerful computers that screen them for particular names, telephone numbers, Internet addresses, and trigger words or phrases. Any communications containing flagged information are forwarded by the computer for further analysis.

…

Names and information on the watch lists are shared with the FBI, the CIA, the Department of Homeland Security, and foreign intelligence services. Once a person’s name is in the files, even if nothing incriminating ever turns up, it will likely remain there forever. There is no way to request removal, because there is no way to confirm that a name is on the list.

In December of 1997, in a small factory outside the southern French city of Toulouse, a salesman got caught in the NSA’s electronic web. Agents working for the NSA’s British partner, the Government Communications Headquarters, learned of a letter of credit, valued at more than $1.1 million, issued by Iran’s defense ministry to the French company Microturbo. According to NSA documents, both the NSA and the GCHQ concluded that Iran was attempting to secretly buy from Microturbo an engine for the embargoed C-802 anti-ship missile. Faxes zapping back and forth between Toulouse and Tehran were intercepted by the GCHQ, which sent them on not just to the NSA but also to the Canadian and Australian sigint agencies, as well as to Britain’s MI6. The NSA then sent the reports on the salesman making the Iranian deal to a number of CIA stations around the world, including those in Paris and Bonn, and to the U.S. Commerce Department and the Customs Service. Probably several hundred people in at least four countries were reading the company’s communications.

…

Such events are central to the current debate involving the potential harm caused by the NSA’s warrantless domestic eavesdropping operation. Even though the salesman did nothing wrong, his name made its way into the computers and onto the watch lists of intelligence, customs, and other secret and law-enforcement organizations around the world. Maybe nothing will come of it. Maybe the next time he tries to enter the United States or Britain he will be denied, without explanation. Maybe he will be arrested. As the domestic eavesdropping program continues to grow, such uncertainties may plague innocent Americans whose names are being run through the supercomputers even though the NSA has not met the established legal standard for a search warrant. It is only when such citizens are turned down while applying for a job with the federal government—or refused when seeking a Small Business Administration loan, or turned back by British customs agents when flying to London on vacation, or even placed on a “no-fly” list—that they will realize that something is very wrong. But they will never learn why.

…

General Michael Hayden, director of the NSA from 1999 to 2005 and now principal deputy director of national intelligence, noted in 2002 that during the 1990s, e-communications “surpassed traditional communications. That is the same decade when mobile cell phones increased from 16 million to 741 million—an increase of nearly 50 times. That is the same decade when Internet users went from about 4 million to 361 million—an increase of over 90 times. Half as many land lines were laid in the last six years of the 1990s as in the whole previous history of the world. In that same decade of the 1990s, international telephone traffic went from 38 billion minutes to over 100 billion. This year, the world’s population will spend over 180 billion minutes on the phone in international calls alone.”

Intercepting communications carried by satellite is fairly simple for the NSA. The key conduits are the thirty Intelsat satellites that ring the Earth, 22,300 miles above the equator. Many communications from Europe, Africa, and the Middle East to the eastern half of the United States, for example, are first uplinked to an Intelsat satellite and then downlinked to AT&T’s ground station in Etam, West Virginia. From there, phone calls, e-mails, and other communications travel on to various parts of the country. To listen in on that rich stream of information, the NSA built a listening post fifty miles away, near Sugar Grove, West Virginia. Consisting of a group of very large parabolic dishes, hidden in a heavily forested valley and surrounded by tall hills, the post can easily intercept the millions of calls and messages flowing every hour into the Etam station. On the West Coast, high on the edge of a bluff overlooking the Okanogan River, near Brewster, Washington, is the major commercial downlink for communications to and from Asia and the Pacific. Consisting of forty parabolic dishes, it is reportedly the largest satellite antenna farm in the Western Hemisphere. A hundred miles to the south, collecting every whisper, is the NSA’s western listening post, hidden away on a 324,000-acre Army base in Yakima, Washington. The NSA posts collect the international traffic beamed down from the Intelsat satellites over the Atlantic and Pacific. But each also has a number of dishes that appear to be directed at domestic telecommunications satellites.

Until recently, most international telecommunications flowing into and out of the United States traveled by satellite. But faster, more reliable undersea fiber-optic cables have taken the lead, and the NSA has adapted. The agency taps into the cables that don’t reach our shores by using specially designed submarines, such as the USS Jimmy Carter, to attach a complex “bug” to the cable itself. This is difficult, however, and undersea taps are short-lived because the batteries last only a limited time. The fiber-optic transmission cables that enter the United States from Europe and Asia can be tapped more easily at the landing stations where they come ashore. With the acquiescence of the telecommunications companies, it is possible for the NSA to attach monitoring equipment inside the landing station and then run a buried encrypted fiber-optic “backhaul” line to NSA headquarters at Fort Meade, Maryland, where the river of data can be analyzed by supercomputers in near real time.

Tapping into the fiber-optic network that carries the nation’s Internet communications is even easier, as much of the information transits through just a few “switches” (similar to the satellite downlinks). Among the busiest are MAE East (Metropolitan Area Ethernet), in Vienna, Virginia, and MAE West, in San Jose, California, both owned by Verizon. By accessing the switch, the NSA can see who’s e-mailing with whom over the Internet cables and can copy entire messages. Last September, the Federal Communications Commission further opened the door for the agency. The 1994 Communications Assistance for Law Enforcement Act required telephone companies to rewire their networks to provide the government with secret access. The FCC has now extended the act to cover “any type of broadband Internet access service” and the new Internet phone services—and ordered company officials never to discuss any aspect of the program.

…

The National Security Agency was born in absolute secrecy. Unlike the CIA, which was created publicly by a congressional act, the NSA was brought to life by a top-secret memorandum signed by President Truman in 1952, consolidating the country’s various military sigint operations into a single agency. Even its name was secret, and only a few members of Congress were informed of its existence—and they received no information about some of its most important activities. Such secrecy has lent itself to abuse.

During the Vietnam War, for instance, the agency was heavily involved in spying on the domestic opposition to the government. Many of the Americans on the watch lists of that era were there solely for having protested against the war. … Even so much as writing about the NSA could land a person a place on a watch list.

…

For instance, during World War I, the government read and censored thousands of telegrams—the e-mail of the day—sent hourly by telegraph companies. Though the end of the war brought with it a reversion to the Radio Act of 1912, which guaranteed the secrecy of communications, the State and War Departments nevertheless joined together in May of 1919 to create America’s first civilian eavesdropping and code-breaking agency, nicknamed the Black Chamber. By arrangement, messengers visited the telegraph companies each morning and took bundles of hard-copy telegrams to the agency’s offices across town. These copies were returned before the close of business that day.

A similar tale followed the end of World War II. In August of 1945, President Truman ordered an end to censorship. That left the Signal Security Agency (the military successor to the Black Chamber, which was shut down in 1929) without its raw intelligence—the telegrams provided by the telegraph companies. The director of the SSA sought access to cable traffic through a secret arrangement with the heads of the three major telegraph companies. The companies agreed to turn all telegrams over to the SSA, under a plan code-named Operation Shamrock. It ran until the government’s domestic spying programs were publicly revealed, in the mid-1970s.

…

Frank Church, the Idaho Democrat who led the first probe into the National Security Agency, warned in 1975 that the agency’s capabilities

“could be turned around on the American people, and no American would have any privacy left, such [is] the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it is done, is within the reach of the government to know. Such is the capacity of this technology.”

The NSA and threats to privacy Read More »

George Clinton and the sample troll

art, business, history, law, tech in changing society, technology / Scott Granneman / 26 November 2008

From Tim Wu’s “On Copyright’s Authorship Policy” (Internet Archive: 2007):

On May 4, 2001, a one-man corporation named Bridgeport Music, Inc. launched over 500 counts of copyright infringement against more than 800 different artists and labels.¹ Bridgeport Music has no employees, and other than copyrights, no reported assets.² Technically, Bridgeport is a “catalogue company.” Others call it a “sample troll.”

Bridgeport is the owner of valuable copyrights, including many of funk singer George Clinton’s most famous songs – songs which are sampled in a good amount of rap music.³ Bridgeport located every sample of Clinton’s and other copyrights it owned, and sued based on the legal position that any sampling of a sound recording, no matter how minimal or unnoticeable, is still an infringement.

During the course of Bridgeport’s campaign, it has won two important victories. First, the Sixth Circuit, the appellate court for Nashville adopted Bridgeport’s theory of infringement. In Bridgeport Music, Inc. v. Dimension Films,⁴ the defendants sampled a single chord from the George Clinton tune “Get Off Your Ass and Jam,” changed the pitch, and looped the sound. Despite the plausible defense that one note is but a de minimus use of the work, the Sixth Circuit ruled for Bridgeport and created a stark rule: any sampling, no matter how minimal or undetectable, is a copyright infringement. Said the court in Bridgeport, “Get a license or do not sample. We do not see this as stifling creativity in any significant way.”⁵ In 2006 Bridgeport convinced a district court to enjoin the sales of the bestselling Notorious B.I.G. album, Ready to Die, for “illegal sampling.”⁶ A jury then awarded Bridgeport more than four million dollars in damages.⁷

The Bridgeport cases have been heavily criticized, and taken as a prime example of copyright’s excesses.⁸ Yet the deeper problem with the Bridgeport litigation is not necessarily a problem of too much copyright. It can be equally concluded that the ownership of the relevant rights is the root of the problem. George Clinton, the actual composer and recording artist, takes a much different approach to sampling. “When hip-hop came out,” said Clinton in an interview with journalist Rick Karr, “I was glad to hear it, especially when it was our songs – it was a way to get back on the radio.”⁹ Clinton accepts sampling of his work, and has released a three CD collection of his sounds for just that purpose.¹⁰ The problem is that he doesn’t own many of his most important copyrights. Instead, it is Bridgeport, the one-man company, that owns the rights to Clinton’s work. In the 1970s Bridgeport, through its owner Armen Boladian, managed to seize most of George Clinton’s copyrights and many other valuable rights. In at least a few cases, Boladian assigned the copyrights to Bridgeport by writing a contract and then faking Clinton’s signature.¹¹ As Clinton puts it “he just stole ‘em.”¹² With the copyrights to Clinton’s songs in the hands of Bridgeport – an entity with no vested interest in the works beyond their sheer economic value – the targeting of sampling is not surprising.

1 Tim Wu, Jay-Z Versus the Sample Troll, Slate Magazine, Nov. 16, 2006, http://www.slate.com/id/2153961/.

2 See Bridgeport Music, Inc.’s corporate entity details, Michigan Department of Labor & Economic Growth, available at http://www.dleg.state.mi.us/bcs_corp/dt_corp.asp?id_nbr=190824&name_entity=BRIDGEPORT%20MUSIC,%20INC (last visited Mar. 18, 2007).

3 See Wu, supra note 1.

4 410 F.3d 792 (6th Cir. 2005).

5 Id. at 801.

6 Jeff Leeds, Judge Freezes Notorious B.I.G. Album, N.Y. Times, Mar. 21, 2006, at E2.

7 Id.

8 See, e.g., Matthew R. Broodin, Comment, Bridgeport Music, Inc. v. Dimension Films: The Death of the Substantial Similarity Test in Digital Samping Copyright Infringemnt Claims—The Sixth Circuit’s Flawed Attempt at a Bright Line Rule, 6 Minn. J. L. Sci. & Tech. 825 (2005); Jeffrey F. Kersting, Comment, Singing a Different Tune: Was the Sixth Circuit Justified in Changing the Protection of Sound Recordings in Bridgeport Music, Inc. v. Dimension Films?, 74 U. Cin. L. Rev. 663 (2005) (answering the title question in the negative); John Schietinger, Note, Bridgeport Music, Inc. v. Dimension Films: How the Sixth Circuit Missed a Beat on Digital Music Sampling, 55 DePaul L. Rev. 209 (2005).

9 Interview by Rick Karr with George Clinton, at the 5th Annual Future of Music Policy Summit, Wash. D.C. (Sept. 12, 2005), video clip available at http://www.tvworldwide.com/showclip.cfm?ID=6128&clip=2 [hereinafter Clinton Interview].

10 George Clinton, Sample Some of Disc, Sample Some of D.A.T., Vols. 1-3 (1993-94).

11 Sound Generator, George Clinton awarded Funkadelic master recordings (Jun. 6, 2005), http://www.soundgenerator.com/news/showarticle.cfm?articleid=5555.

12 Clinton Interview, supra note 9.

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