Posts Tagged ‘Mike Masnick’

The State of Science and Technology in Canada, 2012 report—examined (part 2: the rest of the report)

Friday, December 28th, 2012

The critiques I offered in relation to the report’s  executive summary (written in early Oct. 2012 but not published ’til now) and other materials can remain more or less intact now that I’ve read the rest of the report (State of Science and Technology in Canada, 2012 [link to full PDF report]). Overall, I think it’s a useful and good report despite what I consider to be some significant shortcomings, not least of which is the uncritical acceptance of the view Canada doesn’t patent enough of its science and its copyright laws are insufficient.

My concern regarding the technometrics (counting patents) is definitely not echoed in the report,

One key weakness of these measures is that not all types of technology development lead to patentable technologies. Some, such as software development, are typically subject to copyright instead. This is particularly relevant for research fields where software development may be a key aspect of developing new technologies such as computer sciences or digital media. Even when patenting is applicable as a means of commercializing and protecting intellectual property (IP), not all inventions are patented. (p. 18 print, p. 42 PDF)

In my view this is a little bit like fussing over the electrical wiring when the foundations of your house are  in such bad repair that the whole structure is in imminent danger of falling. As noted in my critique of the executive summary, the patent system in the US and elsewhere is in deep, deep trouble and, is in fact, hindering innovation. Here’s an interesting comment about patent issues being covered in the media (from a Dec. 27, 2012 posting by Mike Masnick for Techdirt),

There’s been a recent uptick in stories about patent trolling getting mainstream media attention, and the latest example is a recent segment on CBS’s national morning program, CBS This Morning, which explored how patent trolls are hurting the US economy …

… After the segment, done by Jeff Glor, one of the anchors specifically says to him [Austin Meyer of the Laminer company which is fighting a patent troll in court and getting coverage on the morning news]: “So it sounds like this is really stifling innovation and it hurts small businesses!”

Getting back to the report, I’m in more sympathy with the panel’s use of  bibliometrics,

As a mode of research assessment, bibliometric analysis has several important advantages. First, these techniques are built on a well-developed foundation of quantitative data. Publication in peer-reviewed journals is a cornerstone of research dissemination in most scientific and academic disciplines, and bibliometric data are therefore one of the few readily available sources of quantitative information on research activity that allow for comparisons across many fields of research. Second, bibliometric analyses are able to provide information about both research productivity (i.e., the quantity of journal articles produced) and research impact (measured through citations). While there are important methodological issues associated with these metrics (e.g., database coverage by discipline, correct procedures for normalization and aggregation, self-citations, and negative citations, etc.), [emphasis mine] most bibliometric experts agree that, when used appropriately, citation based indicators can be valid measures of the degree to which research has had an impact on later scientific work … (p. 15 print, p. 39, PDF)

Still, I do think that a positive publication bias (i.e., the tendency to publish positive results over negative or inclusive results) in the field medical research should have been mentioned as it is a major area of concern in the use  of bibliometrics and especially since one of the identified areas of  Canadian excellence is  in the field of medical research.

The report’s critique of the opinion surveys has to be the least sophisticated in the entire report,

There are limitations related to the use of opinion surveys generally. The most important of these is simply that their results are, in the end, based entirely on the opinions of those surveyed. (p. 20 print, p. 44 PDF)

Let’s see if I’ve got this right. Counting the number of citations a paper, which was peer-reviewed (i.e., a set of experts were asked for their opinions about the paper prior to publication) and which may have been published due to a positive publication, bias yields data (bibliometrics) which are by definition more reliable than an opinion. In short, the Holy Grail (a sacred object in Christian traditions) is data even though that data or ‘evidence’  is provably based on and biased by opinion which the report writers identify as a limitation. Talk about a conundrum.

Sadly the humanities, arts, and social sciences (but especially humanities and arts) posed quite the problem regarding evidence-based analysis,

While the Panel believes that most other evidence-gathering activities undertaken for this assessment are equally valid across all fields, the limitations of bibliometrics led the Panel to seek measures of the impact of HASS [Humanities, Arts, and Social Sciences] research that would be equivalent to the use of bibliometrics, and would measure knowledge dissemination by books, book chapters, international awards, exhibitions, and other arts productions (e.g., theatre, cinema, etc.). Despite considerable efforts to collect information, however, the Panel found the data to be sparse and methods to collect it unreliable, such that it was not possible to draw conclusions from the resulting data. In short, the available data for HASS-specific outputs did not match the quality and rigour of the other evidence collected for this report. As a result, this evidence was not used in the Panel’s deliberations.

Interestingly, the expert panel was led by Dr. Eliot Phillipson, Sir John and Lady Eaton Professor of Medicine Emeritus, [emphasis mine] University of Toronto, who received his MD in 1963. Evidence-based medicine is the ne plus ultra of medical publishing these days. Is this deep distress over a lack of evidence/data in other fields a reflection of the chair’s biases?  In all the discussion and critique of the methodologies, there was no discussion about reflexivity, i. e., the researcher’s or, in this case, the individual panel members’ (individually or collectively) biases and their possible impact on the report. Even with so called evidence-based medicine, bias and opinion are issues.

While the panel was not tasked to look into business-led R&D efforts (there is a forthcoming assessment focused on that question) mention was made in Chapter 3 (Research Investment) of the report. I was particularly pleased to see mention of the now defunct Nortel with its important century long contribution to Canadian R&D efforts. [Full disclosure: I did contract work for Nortel on and off for two years.]

A closer look at recent R&D expenditure trends shows that Canada’s total investment in R&D has declined in real terms between 2006 and 2010, driven mainly by declining private-sector research performance. Both government and higher education R&D expenditures increased modestly over the same five-year period (growing by 4.5 per cent and 7.1 per cent respectively), while business R&D declined by 17 per cent (see Figure 3.3). Much of this decline can be attributed to the failing fortunes and bankruptcy of Nortel Networks Corporation, which was one of Canada’s top corporate R&D spenders for many years. Between 2008 and 2009 alone, global R&D expenditure at Nortel dropped by 48 per cent, from nearly $1.7 billion to approximately $865 million (Re$earch Infosource, 2010) with significant impact on Canada. Although growth in R&D expenditure at other Canadian companies, particularly Research In Motion, partially compensated for the decline at Nortel, the overall downward trend remains. (p. 30 print, p. 54 PDF)

Chapter 4 of the report (Research Productivity and Impact) is filled with colourful tables and various diagrams and charts illustrating areas of strength and weakness within the Canadian research endeavour, my concerns over the metrics notwithstanding. I was a bit startled by our strength in Philosophy and Theology (Table 4.2 on p. 41 print, p. 65 PDF) as it was not touted in the initial publicity about the report. Of course, they can’t mention everything so there are some other pleasant surprises in here. Going in the other direction, I’m a little disturbed by the drop (down from 1.32 in 1999-2004 to 1.12 in 2005-1010) in the ICT (Information and Communication Technologies) specialization index but that is, as the report notes, a consequence of the Nortel loss and ICT scores better in other measures.

I very much appreciated the inclusion of the questions used in the surveys and the order in which they were asked, a practice which seems to be disappearing elsewhere. The discussion about possible biases and how the data was weighted to account for biases is interesting,

Because the responding population was significantly different than the sample population (p<0.01) for some countries, the data were weighted to correct for over- or under-representation. For example, Canadians accounted for 4.4 per cent of top-cited researchers, but 7.0 per cent of those that responded. After weighting, Canadians account for 4.4 per cent in the analyses that follow. This weighting changed overall results of how many people ranked each country in the top five by less than one per cent.

Even with weighting to remove bias in choice to respond, there could be a perception that self-selection is responsible for some results. Top-cited Canadian researchers in the population sample were not excluded from the survey but the results for Canada cannot be explained by self-promotion since 37 per cent of all respondents identified Canada among the top five countries in their field, but only 7 per cent (4.4 per cent after weighting) of respondents were from Canada. Similarly, 94 per cent of respondents identified the United States as a top country in their field, yet only 33 per cent (41 per cent after weighting) were from the United States. Furthermore, only 9 per cent of respondents had either worked or studied in Canada, and 28 per cent had no personal experience of, or association with, Canada or Canadian researchers (see Table 5.2). It is reasonable to conclude that the vast majority of respondents based their evaluation of Canadian S&T on its scientific contributions and reputation alone. (p. 65 print, p. 89 PDF)

There is another possible bias  not mentioned in the report and that has to do with answering the question: What do you think my strengths and weaknesses are? If somebody asks you that question and you are replying directly, you are likely to focus on their strong points and be as gentle as possible about their weaknesses. Perhaps the panel should consider having another country ask those questions about Canadian research. We might find the conversation becomes a little more forthright and critical.

Chapter 6 of the report discusses research collaboration which is acknowledged as poorly served by bibliometrics. Of course, collaboration is a strategy which Canadians have succeeded with not least because we simply don’t have the resources to go it alone.

One of the features I quite enjoyed in this report are the spotlight features. For example, there’s the one on stem cell research,

Spotlight on Canadian Stem Cell Research

Stem cells were discovered by two Canadian researchers, Dr. James Till and the late Dr. Ernest McCulloch, at the University of Toronto over 50 years ago. This great Canadian contribution to medicine laid the foundation for all stem cell research, and put Canada firmly at the forefront of this field, an international leadership position that is still maintained.

Stem cell research, which is increasingly important to the future of cell replacement therapy for diseased or damaged tissues, spans many disciplines. These disciplines include biology, genetics, bioengineering, social sciences, ethics and law, chemical biology, and bioinformatics. The research aims to understand the mechanisms that govern stem cell behaviour, particularly as it relates to disease development and ultimately treatments or cures.

Stem cell researchers in Canada have a strong history of collaboration that has been supported and strengthened since 2001 by the Stem Cell Network (SCN) (one of the federal Networks of Centres of Excellence), a network considered to be a world leader in the field. Grants awarded through the SCN alone have affected the work of more than 125 principal investigators working in 30 institutions from Halifax to Vancouver. Particularly noteworthy institutions include the Terry Fox Laboratory at the BC Cancer Agency; the Hotchkiss Brain Institute in Calgary; Toronto’s Hospital for Sick Children, Mount Sinai Hospital, University Health Network, and the University of Toronto; the Sprott Centre for Stem Cell Research in Ottawa; and the Institute for Research in Immunology and Cancer in Montréal. In 2010, a new Centre for the Commercialization of Regenerative Medicine was formed to further support stem cell initiatives of interest to industry partners.

Today, Canadian researchers are among the most influential in the stem cell and regenerative medicine field. SCN investigators have published nearly 1,000 papers since 2001 in areas such as cancer stem cells; the endogenous repair of heart, muscle, and neural systems; the expansion of blood stem cells for the treatment of a variety of blood-borne diseases; the development of biomaterials for the delivery and support of cellular structures to replace damaged tissues; the direct conversion of skin stem cells to blood; the evolutionary analysis of leukemia stem cells; the identification of pancreatic stem cells; and the isolation of multipotent blood stem cells capable of forming all cells in the human blood system. (p. 96 print, p. 120 PDF)

Getting back to the report and my concerns, Chapter 8 on S&T capacity focuses on science training and education,

• From 2005 to 2009, there were increases in the number of students graduating from Canadian universities at the college, undergraduate, master’s and doctoral levels, with the largest increase at the doctoral level.

• Canada ranks first in the world for its share of population with post-secondary education.

• International students comprise 11 per cent of doctoral students graduating from Canadian universities. The fields with the largest proportions of international students include Earth and Environmental Sciences; Mathematics and Statistics; Agriculture, Fisheries, and Forestry; and Physics and Astronomy.

• From 1997 to 2010, Canada experienced a positive migration flow of researchers, particularly in the fields of Clinical Medicine, Information and Communication Technologies (ICT), Engineering, and Chemistry. Based on Average Relative Citations, the quality of researchers emigrating and immigrating was comparable.

• In three-quarters of fields, the majority of top-cited researchers surveyed thought Canada has world-leading research infrastructure or programs. (p. 118 print, p. 142 PDF)

Getting back to more critical matters, I don’t see a reference to jobs in this report. It’s all very well to graduate a large number of science PhDs, which we do,  but what’s the point if they can’t find work?

  • From 2005 to 2009, there were increases in the number of students graduating from Canadian universities at the college, undergraduate, master’s and doctoral levels, with the largest increase at the doctoral level.
  • Canada ranks first in the world for its share of population with post-secondary education.
  • International students comprise 11 per cent of doctoral students graduating from Canadian universities. The fields with the largest proportions of international students include Earth and Environmental Sciences; Mathematics and Statistics; Agriculture, Fisheries, and Forestry; and Physics and Astronomy.
  • From 1997 to 2010, Canada experienced a positive migration flow of researchers, particularly in the fields of Clinical Medicine, Information and Communication Technologies (ICT), Engineering, and Chemistry. Based on Average Relative Citations, the quality of researchers emigrating and immigrating was comparable.
  • In three-quarters of fields, the majority of top-cited researchers surveyed thought Canada has world-leading research infrastructure or programs. (p. 118 print, p. 142 PDF)

The Black Whole blog on the University Affairs website has discussed and continues to discuss the dearth of jobs in Canada for science graduates.

Chapter 9 of the report breaks down the information on a regional (provincial) bases. As you might expect, the research powerhouses are Ontario, Québec, Alberta and BC. Chapter 10 summarizes the material on a field basis, i.e., Biology; Chemistry; Agriculture, Fisheries, and Forestry; Econ0mics; Social Sciences; etc.  and those results were widely discussed at the time and are mentioned in part 1 of this commentary.

One of the most striking results in the report is Chapter 11: Conclusions,

The geographic distribution of the six fields of strength is difficult to determine with precision because of the diminished reliability of data below the national level, and the vastly different size of the research enterprise in each province.

The most reliable data that are independent of size are provincial ARC scores. Using this metric, the leading provinces in each field are as follows:

  • Clinical Medicine: Ontario, Quebec, British Columbia, Alberta
  • Historical Studies: New Brunswick, Ontario, British Columbia
  • ICT: British Columbia, Ontario
  •  Physics and Astronomy: British Columbia, Alberta, Ontario, Quebec
  • Psychology and Cognitive Sciences: British Columbia, Nova Scotia, Ontario
  • Visual and Performing Arts: Quebec [emphasis mine] (p. 193 print, p. 217 PDF)

Canada has an international reputation in visual and performing which is driven by one province alone.

As for our national fading reputation in natural resources and environmental S&T that seems predictable by almost any informed observer given funding decisions over the last several years.

The report does identify some emerging strengths,

Although robust methods of identifying emerging areas of S&T are still in their infancy, the Panel used new bibliometric techniques to identify research clusters and their rates of growth. Rapidly emerging research clusters in Canada have keywords relating, most notably, to:

• wireless technologies and networking,

• information processing and computation,

• nanotechnologies and carbon nanotubes, and

• digital media technologies.

The Survey of Canadian S&T Experts pointed to personalized medicine and health care, several energy technologies, tissue engineering, and digital media as areas in which Canada is well placed to become a global leader in development and application. (p. 195 print; p. 219 PDF)

I wish I was better and faster at crunching numbers because I’d like to spend time examining the data more closely but the reality is that all data is imperfect so this report like any snapshot is an approximation. Still, I would have liked to have seen some mention of changing practices in science. For example, there’s the protein-folding game, Foldit, which has attracted over 50,000 players (citizen scientists) who have answered questions and posed possibilities that had not occurred to scientists. Whether this trend will continue to disappear is to be answered in the future. What I find disconcerting is how thoroughly this and other shifting practices (scientists publishing research in blogs) and thorny issues such as the highly problematic patent system were ignored. Individual panel members or the report writers themselves may have wanted to include some mention but we’ll never know because the report is presented as a singular, united authority.

In any event, Bravo! to the expert panel and their support team as this can’t have been an easy job.

If you have anything to say about this commentary or the report please do comment, I would love to hear more opinions.

To Be Or Not To Be; a book publishing Kickstarter project

Thursday, December 20th, 2012

There’s not much time left if you want to participate in this Kickstarter project (20 hours and counting when I accessed it at 0930 PST Dec. 20, 2012) but I want to feature it here because it illustrates how writers can succeed with new publishing models and because of the intellectual property nonissues.

Ryan North, writer and self-publisher, asked for $20,000 to publish his “To Be Or Not To Be; A chooseable-path adventure” book allowing you to “be” Hamlet, Ophelia, or King Hamlet and, at this time, has raised over $480,000.

Prototype cover with art by Noelle Stevenson, she is the best [downloaded from http://www.kickstarter.com/projects/breadpig/to-be-or-not-to-be-that-is-the-adventure]

Prototype cover with art by Noelle Stevenson, she is the best [downloaded from http://www.kickstarter.com/projects/breadpig/to-be-or-not-to-be-that-is-the-adventure]

Here’s a link to the Kickstarter “To Be Or Not To Be” book project and if you’re not ready to go there quite yet, here’s a bit more about the project (from the title webpage),

The greatest work IN English literature, now in the greatest format OF English literature: a chooseable-path adventure!

Now the #1 most funded publishing project on Kickstarter ever!

To Be Or Not To Be is an illustrated, chooseable-path book version of William Shakespeare’s Hamlet, written by me, Ryan North:

  • “William Shakespeare” you may know from single-handedly giving us some of our most evocative phrases, such as “all that glitters is not gold”, “too much of a good thing”, and “the game is afoot” (Sherlock Holmes said this too I guess.)
  • “Ryan North” you may know from my work on the critically-acclaimed comic Dinosaur Comics, writing the incredibly popular Adventure Time comic book series, or from co-editing the #1 Amazon bestselling short story anthology Machine of Death.
  • “Chooseable-path” you may recognize as a trademark-skirting version of a phrase and book series you remember from childhood.  Remember?  Books in which… an adventure is chosen??

These three things got mashed up together into one BASICALLY AMAZING BOOK full of JOKES and also SWORDFIGHTS and GHOSTS and AWESOME AS A MASS NOUN …

UPDATE: TO BE OR NOT TO BE IS NOW THE PERFECT GIFT!

While we won’t be delivering the books in time for Christmas, if you pledge $30 or more, you unlock a Kickstarter-exclusive Holiday Hamlet ecard that can be sent directly to your gift recipient.  You can read about that here!  It’s the perfect last-minute gift for anyone on your list (assuming they are good at waiting for things) (and also like to read)!  Also we’ve unlocked lots of new prizes at each reward level: be sure to check the updated list!

H/T to Mike Masnick’s Dec. 19, 2012 posting at Techdirt for the  pointer to this project and for noting some interesting non copyright and trademark issues,

…  how does that hit on copyright and trademark issues?

  • Copyright: Even if the head of the Author’s Guild doesn’t seem to know this, Shakespeare’s works are in the public domain, meaning that anyone can use them however they want — whether it’s to make an exact copy (and, yes, there are plenty of those on the market) or to do a derivative work. There have been tons of remakes and updates on Shakespeare’s work, and many of them are super creative, such as this one. Kinda demonstrates just how ridiculous it is for copyright maximalists to argue that without strong copyright protection, creativity gets killed off. Just the opposite, it seems. The ability to build on the works of the past quite frequently inspires amazing new creativity.
  • Trademark: North refers to this as a “choosable path adventure” because:

“Chooseable-path” you may recognize as a trademark-skirting version of a phrase and book series you remember from childhood. Remember? Books in which… an adventure is chosen??

Yes, they’re not using the widely known phrase “choose your own adventure,” because it’s trademarked, and the owner of the mark has sued before. Of course, the story of the mark is interesting in its own right. Apparently, Bantam Books who helped popularize the original choose your own adventure books let the trademark lapse, and it was bought up by Ray Montgomery, who had run the small press that published the original books, but had not held the original trademark on it.

So we have examples of how a lack of a common “intellectual property” law enabled greater creativity, and how a current “intellectual property” law stupidly limits the option of using the most reasonable description of the work. …

Congratulations to North!

Free the nano—stop patenting publicly funded research

Friday, November 23rd, 2012

Joshua Pearce, a professor at Michigan Technological University, has written a commentary on patents and nanotechnology for Nature magazine which claims the current patent regimes strangle rather than encourage innovation. From the free article,  Physics: Make nanotechnology research open-source by Joshua Pearce in Nature 491, 519–521 (22 November 2012) doi:10.1038/491519a (Note: I have removed footnotes),

Any innovator wishing to work on or sell products based on single-walled carbon nanotubes in the United States must wade through more than 1,600 US patents that mention them. He or she must obtain a fistful of licences just to use this tubular form of naturally occurring graphite rolled from a one-atom-thick sheet. This is because many patents lay broad claims: one nanotube example covers “a composition of matter comprising at least about 99% by weight of single-wall carbon molecules”. Tens of others make overlapping claims.

Patent thickets occur in other high-tech fields, but the consequences for nanotechnology are dire because of the potential power and immaturity of the field. Advances are being stifled at birth because downstream innovation almost always infringes some early broad patents. By contrast, computing, lasers and software grew up without overzealous patenting at the outset.

Nanotechnology is big business. According to a 2011 report by technology consultants Cientifica, governments around the world have invested more than US$65 billion in nanotechnology in the past 11 years [my July 15, 2011 posting features an interview with Tim Harper, Cientfica CEO and founder, about the then newly released report]. The sector contributed more than $250 billion to the global economy in 2009 and is expected to reach $2.4 trillion a year by 2015, according to business analysts Lux Research. Since 2001, the United States has invested $18 billion in the National Nanotechnology Initiative; the 2013 US federal budget will add $1.8 billion more.

This investment is spurring intense patent filing by industry and academia. The number of nanotechnology patent applications to the US Patent and Trademark Office (USPTO) is rising each year and is projected to exceed 4,000 in 2012. Anyone who discovers a new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof, may obtain a patent that prevents others from using that development unless they have the patent owner’s permission.

Pearce makes some convincing points (Note: I have removed a footnote),

Examples of patents that cover basic components include one owned by the multinational chip manufacturer Intel, which covers a method for making almost any nanostructure with a diameter less than 50 nm; another, held by nanotechnology company NanoSys of Palo Alto, California, covers composites consisting of a matrix and any form of nanostructure. And Rice University in Houston, Texas, has a patent covering “composition of matter comprising at least about 99% by weight of fullerene nanotubes”.

The vast majority of publicly announced IP licence agreements are now exclusive, meaning that only a single person or entity may use the technology or any other technology dependent on it. This cripples competition and technological development, because all other would-be innovators are shut out of the market. Exclusive licence agreements for building-block patents can restrict entire swathes of future innovation.

Pearce’s argument for open source,

This IP rush assumes that a financial incentive is necessary to innovate, and that without the market exclusivity (monopoly) offered by a patent, development of commercially viable products will be hampered. But there is another way, as decades of innovation for free and open-source software show. Large Internet-based companies such as Google and Facebook use this type of software. Others, such as Red Hat, make more than $1 billion a year from selling services for products that they give away for free, like Red Hat’s version of the computer operating system Linux.

An open-source model would leave nanotechnology companies free to use the best tools, materials and devices available. Costs would be cut because most licence fees would no longer be necessary. Without the shelter of an IP monopoly, innovation would be a necessity for a company to survive. Openness reduces the barrier for small, nimble entities entering the market.

John Timmer in his Nov. 23, 2012 article for Wired.co.uk expresses both support and criticism,

Some of Pearce’s solutions are perfectly reasonable. He argues that the National Science Foundation adopt the NIH model of making all research it funds open access after a one-year time limit. But he also calls for an end of patents derived from any publicly funded research: “Congress should alter the Bayh-Dole Act to exclude private IP lockdown of publicly funded innovations.” There are certainly some indications that Bayh-Dole hasn’t fostered as much innovation as it might (Pearce notes that his own institution brings in 100 times more money as grants than it does from licensing patents derived from past grants), but what he’s calling for is not so much a reform of Bayh-Dole as its elimination.

Pearce wants changes in patenting to extend well beyond the academic world, too. He argues that the USPTO should put a moratorium on patents for “nanotechnology-related fundamental science, materials, and concepts.” As we described above, the difference between a process innovation and the fundamental properties resulting in nanomaterial is a very difficult thing to define. The USPTO has struggled to manage far simpler distinctions; it’s unrealistic to expect it to manage a moratorium effectively.

While Pearce points to the 3-D printing sector admiringly, there are some issues even there, as per Mike Masnick’s Nov.  21, 2012 posting on Techdirt.com (Note:  I have removed links),

We’ve been pointing out for a while that one of the reasons why advancements in 3D printing have been relatively slow is because of patents holding back the market. However, a bunch of key patents have started expiring, leading to new opportunities. One, in particular, that has received a fair bit of attention was the Formlabs 3D printer, which raised nearly $3 million on Kickstarter earlier this year. It got a ton of well-deserved attention for being one of the first “low end” (sub ~$3,000) 3D printers with very impressive quality levels.

Part of the reason the company said it could offer such a high quality printer at a such a low price, relative to competitors, was because some of the key patents had expired, allowing it to build key components without having to pay astronomical licensing fees. A company called 3D Systems, however, claims that Formlabs missed one patent. It holds US Patent 5,597,520 on a “Simultaneous multiple layer curing in stereolithography.” While I find it ridiculous that 3D Systems is going legal, rather than competing in the marketplace, it’s entirely possible that the patent is valid. It just highlights how the system holds back competition that drives important innovation, though.

3D Systems claims that Formlabs “took deliberate acts to avoid learning” about 3D Systems’ live patents. The lawsuit claims that Formlabs looked only for expired patents — which seems like a very odd claim. Why would they only seek expired patents? …

I strongly suggest reading both Pearce’s and Timmer’s articles as they both provide some very interesting perspectives about nanotechnology IP (intellectual property) open access issues. I also recommend Mike Masnick’s piece for exposure to a rather odd but unfortunately not uncommon legal suit designed to limit competition in a relatively new technology (3-D printers).

Media cycles for science stories

Wednesday, August 29th, 2012

Here’s something amusing and educational I found in Mike Masnick’s Aug. 27, 2012 posting on Techdirt,

Originally published 05/18/2009 on the PhD comics website (http://www.phdcomics.com/comics/archive.php?comicid=1174)

You can find the full size version here at the PhD (Piled Higher and Deeper) Comics website, which features insight into the graduate school experience rendered in comic book style.

This particular ‘strip’ about a science story news cycle can be true but more usually, a science story will pass through without any or very little notice.

Scientists are usually in the position of trying to attract attention for their work. Sometimes that can lead to another kind of science story where the scientists have been overenthusiastic and reached exciting conclusions, which are unsupported by the data. Arsenic life is a good example. In my Dec. 8, 2010 posting, I apologized for getting caught up in the frenzy and included analysis from at least one other source as to how the frenzy started in the first place.

Particle Man and Marian Call at CERN

Wednesday, August 1st, 2012

I like to collect (desultorily) items about science-themed music and Marian Call’s recently completed (very successful) Kickstarter campaign (she received $63,0000 in pledges having asked for $11,000 originally) fits that bill, more or less.  Here’s an excerpt from Mike Masnick’s, July 24, 2012 posting on Techdirt describing Call’s campaign approach,

… she created Marian Call’s European Adventure Quest, in which she effectively “gamified” Kickstarter, such that the more she earned, the more levels would be “unlocked.” The main idea was that she would tour Europe and record a live album, but the more she raised, the more places she would visit and the more cover songs she would do (she usually does originals, but people have requested covers, and she was worried about the licensing fees if she didn’t raise money in support).

At the $55,000 level, she offered a cover of ‘Particle Man’ by They Might Be Giants to be recorded live at CERN (European Particle Physics Laboratory).

Here’s Particle Man by They Might Be Giants as found on YouTube,

By the way, at $44,000 level she offered ‘The Elements Song’ by Tom Lehrer. Even though the campaign has ended, it’s well worth checking out.

Billions lost to patent trolls; US White House asks for comments on intellectual property (IP) enforcement; and more on IP

Thursday, June 28th, 2012

It becomes clear after a time that science, intellectual property (patents, copyright, and trademarks), and business interests are intimately linked which is why I include items on the topic of intellectual property (where I am developing some strong opinions). As for business topics, I am more neutral as my understanding of business is quite limited.

All of this is to explain why I’m taking ‘another kick at the IP (intellectual property) can’. I’m going to start with patents and move on to copyright.

A June 26, 2012 news item from BBC News online highlights the costs associated with patent trolls,

The direct cost of actions taken by so-called “patent trolls” totalled $29bn (£18.5bn) in the US in 2011, according to a study by Boston University.

It analysed the effect of intellectual rights claims made by organisations that own and license patents without producing related goods of their own.

Such bodies say they help spur on innovation by ensuring inventors are compensated for their creations.

But the study’s authors said society lost more than it gained.

A June 27, 2012 commentary by Mike Masnick for Techdirt provides more detail,

The report then goes further to try to figure out whether the trolls are actually benefiting innovation and getting more money to inventors, as the trolls and their supporters like to claim. Unfortunately, the research shows quite a different story — with very little of the money actually flowing back to either inventors or actual innovation. In other words, we’re talking about a pretty massive economic dead-weight loss here. Money flowing from actual innovators and creators… to lawyers, basically. Innovators grow the economy. Lawyers do not.

Masnick’s commentary includes a table from the report showing how the costs have increased since 2005 (approximately $6B) to 2011 (approximately $29B).

The researchers are James E. Besson and Michael J. Meurer at Boston University and the open access report, The Direct Costs from NPE [non-practicing entities] Disputes, is available from the Social Science Research Network.

Interestingly the same day the study from Boston University was released was the same day that the US White House’s Intellectual Property Enforcement Coordinator, Victoria Espinel, announced she wanted comments about US IP enforcement efforts (from Espinel’s June 25, 2012 blog posting),

Today my office is starting the process of gathering input for the Administration’s new strategy for intellectual property enforcement. The overarching objective of the Strategy is to improve the effectiveness of the U.S. Government’s efforts to protect our intellectual property here and overseas. I want to make sure as many people as possible are aware that we are working on this so we can get the very best thoughts and recommendations possible. Part of the process of gathering public input is to publish a “Federal Register Notice” where we formally ask the public to give us their ideas. We will read all of your submissions – and we will make them publicly available so everyone can see them.

You can do so by following this link to Regulations.gov where you will find more details for submitting your strategy recommendations beginning today.

I believe that essential to the development of an effective enforcement strategy, is ensuring that any approaches that are considered to be particularly effective as well as any concerns with the present approach to intellectual property enforcement are understood by policymakers. [emphasis Mike Masnick of Techdirt] Recommendations may include, but need not be limited to: legislation, regulation, guidance, executive order, Presidential memoranda, or other executive action, including, but not limited to, changes to agency policies, practices or methods.

Beyond recommendations for government action as part of the next Strategy, we are looking for information on and recommendations for combating emerging or future threats to American innovation and economic competitiveness posed by violations of intellectual property rights. Additionally, it would be useful to the development of the Strategy to receive submissions from the public identifying threats to public health and safety posed by intellectual property infringement, [emphasis mine] in the U.S. and internationally as well as information relating to the costs to the U.S. economy resulting from infringement of intellectual property rights.

Aside: That bit about public health and safety being endangered by infringement is going to have to be explained to me. Moving along, Mike Masnick’s June 26, 2012 commentary about this matter on Techdirt includes an exhortation to participate,

I will be submitting my own thoughts, which I will also publish here, but for those thinking about what to say, I would focus on this sentence above [emphasized in the previous excerpt from the Espinel posting "I believe that essential ..."]. Historically, many of the government’s approaches have not been at all effective, and have created a number of significant problems — most of which have been ignored by the government (either willfully or through ignorance). This really is a chance to provide examples of why the current policy is not effective (and will never be effective if it keeps on the current path) as well as the “concerns” with the current approach, such as the criminalization of expressive behavior and the outright censorship of media publications.

Meanwhile, we here in Canada are focused on copyright.

Michael Geist (the Canadian copyright guru) notes in his June 26, 2012 posting (Note: I have removed some links.),

Brian Brett, the former Chair of the Writers’ Union of Canada and an award winning author, has issued an explosive public letter that “breaks the ‘cone of silence’ that has obscured for too long some of the ugly practices of Access Copyright.”

You can get an idea why Geist described the letter as “explosive” from this excerpt (from the June 26, 2012 commentary in the Georgia Straight),

As a former Chair of the Writers’ Union of Canada (I’ve been a member more than thirty years), I have been asked to sign a letter to educational institutions supporting Access Copyright’s efforts to obtain collective licensing agreements with those institutions. I will not sign. I believe the time has come for action, not words. …

For the first time in history it has become too complex and expensive to quote the music of our era for many young writers. Writers are being charged exorbitantly for quoting other writers in their poems, fictions, and essays; yet are losing their own rights and income. Meanwhile, the Canadian Government has made legislation favouring educational institutions and media empires (at the expense of creators) in the name of supporting our nation’s culture.

As we earnestly discuss these issues, but do nothing to protect ourselves, we are seeing the rights of creators to fair compensation eroded to the point of where many are at risk of receiving nothing for their work.

Access Copyright, created specifically to collect fair compensation for creators, is central to this discussion. While I believe that educational institutions must pay writers, and will eventually pay them, it’s also necessary to call out the ugly regime of Access Copyright, which is collecting our copyright income. …

6. Access Copyright rewards textbook companies who demand that authors relinquish their copyright to their work by paying them both the publisher and creator copyright payment. Academic authors often consider textbook authorship crucial to tenure. Thus academic authors are open to being pressured by publishers out of their copyright. In effect Access Copyright is encouraging textbook publishers to undermine copyright by demanding a creators’ total copyright, and doubling the publisher’s payment for this ugly practice.

So, the academics who write those science and math (and other subject) texts are being pressured by financially motivated publishers to give up copyright while they are also being being pressured to publish for the well-being of their careers. Nicely done Access Copyright! (sarcasm)

While I suspect that I don’t agree with Betts on some issues, I do believe that content creators should receive some financial benefit from their work.

On a more hopeful note, the recent passage of Bill C-11 (Copyright) has some very good things indeed (from the June 21, 2012 commentary by Leigh Beadon on Techdirt [Note: I have removed a link.]),

Michael Geist has an excellent summary of C-11 with a comparison to previous phases of copyright law in Canada. The victories for smarter copyright law in C-11 sound almost like fantasy when compared to the American copyright debate. They include:

  • New fair dealing provisions (our version of fair use) to cover educational uses, plus parody and satire
  • New backup, format-shifting and time-shifting allowances that remove previous restrictions on networked DVRs and internet TV services (similar to those that have suffered in American courts)
  • Explicit copyright exceptions for “user-generated content”, aimed at protecting non-commercial fan-art and remixes
  • A bunch of explicit exceptions for schools, such as the right to stage public performances
  • A notice-and-notice system, not a notice-and-takedown system
  • A $5,000 cap on statutory damages for all non-commercial infringement

Sadly, there is the issue of the ‘digital lock’ provision which was rammed through Parliament despite almost universal condemnation from Canadians of all walks of life. Geist provides much more detail about this issue than I can. In fact, he offers two postings outlining both Canada’s Justice Dept. discussion about the digital lock provisions (June 25, 2012 posting) and the Competition Bureau’s (June 26, 2012 posting) and possible issues with constitutional rights.

On a much happier note for me personally is a recent Federal Court of Canada ruling about linking and posting, from the June 25, 2012 posting on the Michael Geist blog (Note: I have removed links.),

The Federal Court of Canada has issued an important decision involving copyright and posting content online. The case involves a lawsuit launched by Richard Warman and the National Post against Mark and Constance Fournier, who run the FreeDominion website. Warman and the National Post sued the site over the appearance of two articles and an inline link to photograph that appeared on the forum. The court dismissed all three claims.

While the first claim (Warman’s article) was dismissed on the basis that it took too long to file the lawsuit, the legal analysis on the National Post claim involving an article by Jonathan Kay assesses the copyright implications of posting several paragraphs from an article online. In this case, the article was 11 paragraphs long.  The reproduction on the Free Dominion site included the headline, three complete paragraphs and part of a fourth. The court ruled that this amount of copying did not constitute a “substantial part” of the work and therefore there was no infringement. The court added that in the alternative, the reproduction of the work was covered by fair dealing, concluding that a large and liberal interpretation of news reporting would include posts to the discussion forum.  The decision then includes an analysis of the six factor test and concludes that the use was fair.

So I can link to and quote from Canadian publications in peace, for now. (Great news!)

There is some additional analysis of the ruling in a (h/t) June 26, 2012 posting by Leigh Beadon on the Techdirt website.

No grand thoughts here. I just find this very fluid situation with regard to intellectual property important as I believe the outcomes will affect us all in many ways, including how we practice science.

Memory of the world

Friday, May 18th, 2012

The fact that UNESCO will be holding its International Conference: “Memory of the World in the Digital Age: Digitization and Preservation” in Vancouver (Canada), Sept. 26 – 28, 2012 was one of the many snippets of information that Luciana Duranti, Chair and Professor at the School of Library, Archival and Information Studies at the University of British Columbia, passed on during her talk on Thursday, May 17, 2012 in Vancouver.

Organized by ARPICO (Society of Italian Researchers and Professionals in Western Canada), Duranti’s talk Trust and Authenticity in the Digital Environment: An Increasingly Cloudy Issue, first delved into definitions of trust, authenticity and cloud computing before focusing on the issues presented by storing our data on the  ‘cloud’. As Duranti noted, this is a return, of sorts, to the 60s and its mainframe environment.  However, unlike the 60s our data is not stored on one server, it may be split amongst many servers in many countries making our data quite vulnerable. For example, different laws in different countries means you can lose data if the legal situation changes as it did in the US recently.  According to Duranti (as best as I can recall), one of Megaupload’s servers has been shut down in the state of Virginia because of a problem with data from one business. Unfortunately, all of the data held there was also destroyed.

On investigating this further, I found a more general discussion of the situation with Megaupload on Techdirt (May 1, 2012 posting by Mike Masnick) which highlights law professor Eric Goldman’s extraordinary indictment of the government’s action in his April 20, 2012 posting, excerpt of 2nd point,

2) Taking Megaupload offline. Megaupload’s website is analogous to a printing press that constantly published new content. Under our Constitution, the government can’t simply shut down a printing press, but that’s basically what our government did when it turned Megaupload off and seized all of the assets. Not surprisingly, shutting down a printing press suppresses countless legitimate content publications by legitimate users of Megaupload. Surprisingly (shockingly, even), the government apparently doesn’t care about this “collateral,” entirely foreseeable and deeply unconstitutional effect. The government’s further insistence that all user data, even legitimate data, should be destroyed is even more shocking. Destroying the evidence not only screws over the legitimate users, but it may make it impossible for Megaupload to mount a proper defense. It’s depressing our government isn’t above such cheap tricks in its zeal to win.

As Masnick notes on Techdirt,

The more we hear and see about the government’s case against Megaupload, it really appears that the government was relying almost entirely on the fact that Megaupload looked bad. It’s hard to deny that there were plenty of things that Kim (in particular) [CEO Kim Dotcom] did that makes him appear pretty obnoxious. But being a crass showoff doesn’t automatically make you a criminal.

The Jan. 19, 2012 article by Nate Anderson for Ars Technica seems more sympathetic to the government’s position, initially,

The US government dropped a nuclear bomb on “cyberlocker” site Megaupload today, seizing its domain names, grabbing $50 million in assets, and getting New Zealand police to arrest four of the site’s key employees, including enigmatic founder Kim Dotcom. In a 72-page indictment unsealed in a Virginia federal court, prosecutors charged that the site earned more than $175 million since its founding in 2005, most of it based on copyright infringement.

As for the site’s employees, they were paid lavishly and they spent lavishly. Even the graphic designer, 35-year-old Slovakian resident Julius Bencko, made more than $1 million in 2010 alone.

The indictment goes after six individuals, who between them owned 14 Mercedes-Benz automobiles with license plates such as “POLICE,” “MAFIA,” “V,” “STONED,” “CEO,” “HACKER,” GOOD,” “EVIL,” and—perhaps presciently—”GUILTY.” The group also had a 2010 Maserati, a 2008 Rolls-Royce, and a 1989 Lamborghini. They had not one but three Samsung 83″ TVs, and two Sharp 108″ TVs. Someone owned a “Predator statue.” …

Yet the indictment seems odd in some ways. When Viacom made many of the same charges against YouTube, it didn’t go to the government and try to get Eric Schmidt or Chad Hurley arrested.

Anderson mentions that Megaupload had 525 servers in Virginia state and many more around the world. (I’m not sure why Duranti stated that one server had been shut down in Virginia but perhaps she was using it as an example to demonstrate what happens when just one server is shut down.) Regardless of whether it’s one server or 525 , I’m with Eric Goldman when he points out that destroying legitimate data is shocking.

Duranti’s talk was illuminating and I look forward to hearing more about these issues when the UNESCO conference takes place here in Vancouver next September. From the conference news webpage,

Digital information has economic value as a cultural product and as a source of knowledge. It plays a major role in national sustainable development as, increasingly, personal, governmental and commercial information is created in digital form only. But digitized national assets also constitute an immense wealth of the countries concerned and of society at large. The disappearance of this heritage will engender economic and cultural impoverishment and hamper the advancement of knowledge.

Ensuring digital continuity of content can only be overcome if a range of legal, technological, social, financial, political and other obstacles are addressed. The Vancouver Conference therefore seeks to achieve:

  • the launch of specific initiatives related to digital preservation and to the fostering of access to documentary heritage through digitization;
  • the revision of the UNESCO Charter on the Preservation of Digital Heritage;
  • the identification of the legal frameworks and solutions to facilitate long-term digital preservation;
  • the agreement on the promotion and/or development of exchange standards;
  • the definition of the respective roles and responsibilities of all stakeholders and elaboration of a cooperation model.

I have mentioned Duranti and issues relating to digitization and archives before (March 8, 2012 posting: Digital disaster).

Creativity manifesto

Friday, April 27th, 2012

A creativity manifesto can apply and appeal to anyone, it doesn’t have to be confined to artists. I suspect the reason this manifesto focuses so much on artists is because they were instrumental, as they so often are, in putting it together. Here it is (from Mike Masnick’s April 13, 2012 posting on Techdirt),

Creativity Manifesto

Here’s a bit from Masnick about the manifesto,

What I love most about this is how inclusive it is, and how much of it is about recognizing and embracing what an amazingly creative time this is for artists. All too often, we hear of artists who decry such things, who complain about the fact that their club doesn’t feel as exclusive any more. For artists and an art exhibit to not just embrace, but joyfully celebrate the way creativity works today, while recognizing how these tools mean that anyone and everyone are creating art all the time, is really wonderful to see.

This ‘poster’ and the full manifesto (excerpt below) were published online at a 2011 photography show, Les Rencontres Arles Photographie, in Arles, France.

TIME’S GOLD

My car’s called Picasso

A name that people getting born around the world just now are more likely to hear for the first time in connection with a car rather than one of the twentieth century’s most influential painters. Here we have a sign of the porousness of today’s boundaries between art and popular culture, itself a reflection of the High / Low yoyo that’s been going up and down for near on a century now. Soon we’ll be celebrating the hundredth birthday of Marcel Duchamp’s invention of the readymade, since which the concept of taking some everyday consumer product and importing it into art has been all the rage. Most of the historical avant-garde movements—Dada, Surrealism, Pop, the Situationist International, the Picture Generation and Postmodernism—delved extensively into the visual resources of appropriation, to the point where it’s now become a medium in its own right. These days artists resort to appropriation the way their quattrocento predecessors did to the camera obscura, or a Sunday painter does to watercolour. Everybody’s on the bandwagon: the artist currently in the spotlight, the art student, the lady next door, my cousin—right down to the art directors of the big car companies.

The growth of the Internet and the proliferation of sites for searching out and/or sharing images online—Flickr, Photobucket, Facebook, Google Images, eBay, to name only the best-known—now mean a plethora of visual resources that was inconceivable as little as ten years ago: a phenomenon comparable to the advent of running water and gas in big cities in the nineteenth century. We all know just how thoroughly those amenities altered people’s way of life in terms of everyday comfort and hygiene—and now, right in our own homes, we have an image-tap that’s refashioning our visual habits just as radically. …

Across-the-board appropriation on the one hand plus hyper-accessibility of images on the other: a pairing that would prove particularly fertile and stimulating for the art field. Beginning with the first years of the new millennium—Google Images launched in 2001, Google Maps in 2004 and Flickr the same year—artists jumped at the new technologies, and since then more and more of them have been taking advantage of the wealth of opportunities offered by the Internet. …

People are mixing, matching, and appropriation in all kinds of fields so I don’t think it would take too much to change this manifesto to make even more inclusive by adding scientists and others to the mix.

Ray Bradbury jumps on the e-book train after dissing the Internet, television, and all that other newfangled stuff

Friday, December 2nd, 2011

Most of the recent headlines about Ray Bradbury’s book, Farenheit 451, being made available as an e-book hint or highlight the fact that Bradbury is a longstanding opponent to anything which challenges the primacy of the printed word. From the Nov. 30, 2011 BBC news item, Fahrenheit 451 becomes e-book despite author’s feelings,

As late as last year, Mr Bradbury remained firmly opposed to the idea of his book appearing as a digital title.

“I was approached three times during the last year by internet companies wanting to put my books on an electronic reading device,” he told the Los Angeles Times in 2010.

“I said to Yahoo: ‘Prick up your ears and go to hell.’”

He also complained about the spread of modern technology.

“We have too many cellphones. We’ve got too many internets. We have got to get rid of those machines. We have too many machines now,” he said.

However, Mr Bradbury’s agent said the deal had become unavoidable.

“We explained the situation to him that a new contract wouldn’t be possible without e-book rights,” Michael Congdon said.

“He understood and gave us the right to go ahead.”

Mike Masnick in his Nov. 29, 2011 posting on Techdirt notes this about the deal,

Of course, if Bradbury is worried that people are going to leave behind his precious paper (more on that in a minute), perhaps his publishers are saving him… by pricing the ebook at a ridiculous $9.99. This is for a book that you can buy in a paper copy used for a penny and new for $2.84. And the publisher thinks $9.99 for a version that doesn’t require materials, packaging or shipping should be many times the cost?

Masnick goes on to note that Farenheit 451 was really a critique of the new media of the day, television.

Winner of Creativity and Copyright contest

Wednesday, November 30th, 2011

Last month I wrote (Oct. 21, 2011 posting) about a Creativity and Copyright contest being held by Techdirt. Nov. 28, 2011, Mike Masnick announced a winner,

That’s it.