Category Archives: academic

Lies vs. facts: the 26k benefits ceiling

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In the UK the government is proposing a ceiling on benefits of £26,000. This sounds a large figure, indeed it is the median income, so seems reasonable that someone out of work should not receive more than the average working person. The press is, of course, polarised on the issue, as is the Church of England.

I was particularly interested in the coverage in last Wednesday’s Daily Mail, partly as this was where the former Archbishop of Canterbury chose to issue a statement about the issue, and partly because I was on a BA flight and it is one of the free newspapers! This issue of the Mail contained an article, “The hard workers who are proud not to claim”1, detailing the circumstances of three different working and tax-paying households living below or close to the proposed £26,000 limit, who can’t understand why they are working and paying taxes to support others to live on more than them.

I wondered about the truth behind these stories.  As you might imagine, the Mail’s stories were, to be generous, disingenuous, and most probably misleading, both to their readers and those they interviewed. When you work out the actual figures and facts behind the stories, things turn out rather differently then they were projected.

The issue of the proposed £26,000 benefits ceiling was particularly hot in the news after the House of Lords made radical amendments to the bill. The opposition in the Lords to proposed benefits reforms comes not just from the Labour benches, but includes some LibDems and Conservatives, and, vocally, several Church of England bishops2.

Lord Carey, the former Archbishop of Canterbury, weighed into this debate chastising his fellow bishops in the Lords, on the grounds that the weight that the national debt lays on our children is a major moral issue and the runaway benefits bill is a crucial part of controlling this.

There are of course differing views on how fast and how radically we should be attempting to cut national debt and how this should be accomplished. What is notable is that Carey chose to make this statement in the Daily Mail. My guess is he chose the Mail, rather than, say, the Times or the Telegraph (let alone the Independent or Guardian, who might have published it alongside contrary views), is that the Mail is much more a paper for ordinary Middle England folk, the ‘squeezed middle’, who feel they are paying the bulk of the taxes that fund the burgeoning benefits budget.

Whilst the ‘quality’ newspapers push their own particular viewpoint, they do follow a certain journalistic ethic, and normally within their articles you find the full facts, as they know them. Now, this is sometimes very deeply buried, to the point of disinformation, but is at least present; the careful reader can see the counter arguments through the opinion.

The Mail has no such scruples; it is unashamedly a newspaper of persuasion not information.

Given this, however much the Mail is targeting a particular demographic, Carey’s choice seemed misguided or naive.

In particular, in the same copy as Carey’s statement, there was the article describing the three households, all in tight economic circumstances, but who are working, paying tax to fund benefits, but not on benefits themselves. This is, in fact, excellent journalism, cold figures are hard to comprehend, real examples can convey the truth better than abstractions.

One household was a single woman, Rachel, living on her own; the second, Lauren and David, an engaged couple with a baby living with one of their parents; and the third, Emma and Darren, a married couple with two small twins, living in a rented house. They all had net incomes below or close to the proposed £26,000 benefits cap, and in each case the description ends with a personal statement, which expresses their frustration that, while they manage to cope on their income, why should people need £26,000 when not in work:

“I don’t understand why people would need to claim more than £26,000 in benefits if I can live comfortably on this“, Rachel

“It’s crazy that people say they can’t live of £26,000. People need to make sacrifices like the rest of us have.“, Lauren

“It makes us very angry that my husband works so hard and pays tax on his income, which goes to pay the benefits bills of all those people who don’t work and who receive more money than us.“, Emma

What the Mail reporters clearly failed to tell any of these families is what they would be receiving on benefits if they were suddenly made redundant and out of work.

Just to see I put each of these people’s circumstances into the government benefits calculator and a housing benefit calculator3.

Rachel, lives alone with £16,000 gross income and £13,000 net income. She describes rent (£500) and bills taking up most of her income, but leaving her with £250 a month for “recreational and leisure activities“, allowing her to “live comfortably“. If she lost her job her benefits including housing benefit to contribute to rent would total £9,774 per annum (£53.45 job seekers allowance, £19.38 council tax rebate4, £115.30 housing benefit). That is just what she describes as her basic bills with none of her recreation or leisure. I’m sure if asked whether she would be happy to live on this, her answer would be different.

Lauren and David fare worst; they have a gross salary of £33,000, with a net income of £27,560 (including child benefit and child tax credits). If they were both to lose their job, they would take home a total of £200.61 a week, around £10,500 per annum5. It was Lauren who said, “People need to make sacrifices like the rest of us have“. If the Mail reporter had explained to her that she would have to cope on 2/5 of their current take-home money would she feel the same?

It is the last family however, that does appear to highlight anomalies in the benefits system. Darren works in public transport and has a gross pay of precisely £26,000, leaving Emma and Darren with a take home pay of £21,608 (including child benefit). If Darren lost his job (or found himself unable to work as he has a medical condition) and both of them registered as job seekers (although Emma is currently looking after the children at home) then they would receive a total of £24,295 a year (just over £15,000 of this is basic benefit, the rest council tax relief6 and housing benefit), more than their current take home pay.

The reason for this disparity is that Emma and Darren do not attempt to claim benefits: “We are proud that we’re not on benefits, although sometimes it can be really hard“. In fact they would be eligible for substantial housing benefits7, which would presumably make all the difference for them and their children.

The shame of being on welfare runs deep, and, assuming Emma and Darren are Mail readers, no doubt fanned by the constant stories of welfare scroungers and the ‘feckless’. They quite rightly want to instil an ethic of hard work into their children, but do not feel able to claim benefits, which they will have contributed to through tax and national insurance throughout their previous working lives, in order to help as they bring up those same children now.

Interestingly, they are happy to accept child benefit (and I assume child tax credit, although not explicitly mentioned), and when the children are of school age will not send them to a fee-paying school, but happy to send them to a state school, effectively an educational ‘benefit’ of around £16,000 a year, let alone insist on paying for hospital and doctors fees for delivery of the twins and subsequent medical care.

The difference is that these benefits, allowances, and services are universal, and so seen as ‘rights’ as a taxpayer, even if, as in the case of this family, you are a net beneficiary.

This very much strengthens the case for maintaining child benefit as a non-means tested benefit. In general, many benefits are not claimed, whether through pride, principles or ignorance. The one exception is child benefit, which is both universally accepted and well targeted8.

Maybe if appraised of the full facts each of the people interviewed by the Mail might still feel the same, particularly Emma and Darren. Maybe too Mail readers would feel the same if presented with the truth. But clearly the Mail does not trust its readers to make up their own minds if given the full facts, and sadly Lord Carey has leant his weight behind this deliberate disinformation; unintentionally, but very persuasively helping to mislead the public.

  1. “The hard workers who are proud not to claim”, Daily Mail, Wednesday, January 25, 2012, p. 7.[back]
  2. Whether they should be in the second house in the first place is another issue![back]
  3. I used the Tonbridge & Malling Bourough Council’s web site as this has an online housing benefit calculator.  While currently housing benefit is similar across the country, this may change in the future with government plans for ‘localising support‘, the potential impact of which has been under-reported.[back]
  4. For Rachel on a one bedroom flat I estimated a council tax bill of £1000.[back]
  5. This figure is particularly low as  they live with parents.  While the government makes strong statements about family values, there are equally strong disincentives to support close family.  If Lauren and David were out of work, but with friends rather than parents, they would be able to pay rent to contribute to household costs, which they could then claim against housing benefit.  Furthermore, if a grown-up child receives cash support from parents, it is regarded as income for the calculation of benefits.[back]
  6. For Emma and Darren I estimated an annual council tax bill of £1500.[back]
  7. Housing benefit is perhaps the greatest cause of anomalies in the systems. Even Boris Johnson was against a cap in housing benefit, as the proposed, albeit apparently high, limit would still make large areas of London (not just the fancy bits!) no go areas for anyone on an average wage including nurses, transport workers, etc.. The situation gets even more complicated with those with a mortgage, as mortgage interest is deemed a cost for benefits calculation when you are out of work, but not when you have a job.[back]
  8. More broadly there is a minority suggestion (I believe only the Green Party in the UK support this) to replace all tax allowances and basic benefits, with a universal wage or ‘basic income‘, effectively an amount for every adult and child, deemed high enough for basic survival (probably close to current basic benefit levels). Indeed the amount you gain through the personal tax allowance, the amount you can earn without paying tax, is very close to a single person’s job seekers allowance, so this is very nearly a ‘zero sum’ for tax payers without children.[back]

If Kodak had been more like Apple

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Finally Kodak has crumbled; technology and the market changed, but Kodak could not keep up. Lots of memories of those bright yellow and black film spools, and memories in photographs piled in boxes beneath the bed.

But just imagine if Kodak had been more like Apple.

I’m wondering about the fallout from the Kodak collapse. I’m not an investor, nor an employee, or even a supplier, but I have used Kodak products since childhood and I do have 40 years of memories in Kodak’s digital photo cloud. There are talks of Fuji buying up the remains of the photo cloud service, so it maybe that they will re-emerge, but for the time being I can no longer stream my photos to friend’s kTV enabled TV sets when I visit, nor view them online.

Happily, my Kodak kReader has a cache of most of my photos. But, how many I’m not sure, when did I last look at the photos of those childhood holidays or my wedding, will they be in my reader, I’ll check my kPhone as well. I’d hate to think I’d lost the snaps of the seaside holiday when my hat blew into the water; I only half remember it, but every time I look at it I remember being told and re-told the story by my dad.

The kReader is only a few months old. I usually try to put off getting a new one as they are so expensive, but even after a couple of years the software updates put a strain on the old machines.  I had to give up when my three year old model seemed to take about a minute to show each photo. It was annoying as this wasn’t just the new photos, but ones I recall viewing instantly on my first photo-reader more than 30 years ago (I can still remember the excitement as I unwrapped it one Christmas, I was 14 at the time, but now children seem to get their first readers when they are 4). The last straw was when the software updates would no longer work on the old processor and all my newer photos were appearing in strange colours.

Some years ago, I’d tried using a Fuji-viewer, which was much cheaper than the Kodak one. In principle you could download your photo cloud collection in an industry standard format and then import them into the Fuji cloud. However, this lost all the notes and dates on the photos and kept timing out unless I downloaded them in small batches, then I lost track of where I was. Even my brother-in-law, who is usually good at this sort of thing, couldn’t help.

But now I’m glad I’ve got the newest model of kReader as it had 8 times the memory of the old one, so hopefully all of my old photos in its cache. But oh no, just thought, has it only cached the things I’ve looked at since I’ve got it?  If so I’ll have hardly anything. Please, please let the kReader have downloaded all it could.

Suddenly, I remember the days when I laughed a little when my mum was still using her reels of old Apple film and the glossy prints that would need scanning to share on the net (not that she did use the net, she’d pop them in the post!). “I know it is the future”, she used to say, “but I never really trust things I can’t hold”. Now I just wish I’d listened to her.

Wikipedia blackout and why SOPA winging gets up my nose

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Nobody on the web can be unaware of the Wikipedia blackout, and if they haven’t heard of SOPA or PIPA before will have now.  Few who understand the issues would deny that SOPA and PIPA are misguided and ill-informed, even Apple and other software giants abandoned it, and Obama’s recent statement has effectively scuppered SOPA in its current form.  However, at the risk of apparently annoying everyone, am I the only person who finds some of the anti-SOPA rhetoric at best naive and at times simply arrogant?

Wikipedia Blackout screenshot

The ignorance behind SOPA and a raft of similar legislation and court cases across the world is deeply worrying.  Only recently I posted about the recent NLA case in the UK, that creates potential copyright issues when linking on the web reminiscent of the Shetland Times case nearly 15 years ago.

However, that is no excuse for blinkered views on the other side.

I got particularly fed up a few days ago reading an article “Lockdown: The coming war on general-purpose computing”1  by copyright ativist Cory Doctorow based on a keynote he gave at the Chaos Computer Congress.  The argument was that attempts to limit the internet destroyed the very essence of  the computer as a general purpose device and were therefore fundamentally wrong.  I know that Sweden has just recognised Kopimism as a religion, but still an argument that relies on the inviolate nature of computation leaves one wondering.

The article also argued that elected members of Parliament and Congress are by their nature layfolk, and so quite reasonably not expert in every area:

“And yet those people who are experts in policy and politics, not technical disciplines, still manage to pass good rules that make sense.“

Doctorow has trust in the nature of elected democracy for every area from biochemistry to urban planning, but not information technology, which, he asserts, is in some sense special.

Now even as a computer person I find this hard to swallow, but what would a geneticist, physicist, or even a financier using the Black-Scholes model make of this?

Furthermore, Congress is chastised for finding unemployment more important than copyright, and the UN for giving first regard to health and economics — of course, any reasonable person is expected to understand this is utter foolishness.  From what parallel universe does this kind of thinking emerge?

Of course, Doctorow takes an extreme position, but the Electronic Freedom Foundation’s position statement, which Wikipedia points to, offers no alternative proposals and employs scaremongering arguments more reminiscent of the tabloid press, in particular the claim that:

“venture capitalists have said en masse they won’t invest in online startups if PIPA and SOPA pass“

This turns out to be a Google sponsored report2 and refers to “digital content intermediaries (DCIs)“, those “search, hosting, and distribution services for digital content“, not startups in general.

When this is the quality of argument being mustered against SOPA and PIPA is there any wonder that Congress is influenced more by the barons of the entertainment industry?

Obviously some, such as Doctorow and more fundamental anti-copyright activists, would wish to see a completely unregulated net.  Indeed, this is starting to be the case de facto in some areas, where covers are distributed pretty freely on YouTube without apparently leading to a collapse in the music industry, and offering new bands much easier ways to make an initial name for themselves.  Maybe in 20 years time Hollywood will have withered and we will live off a diet of YouTube videos :-/

I suspect most of those opposing SOPA and PIPA do not share this vision, indeed Google has been paying 1/2 million per patent in recent acquisitions!

I guess the idealist position sees a world of individual freedom, but it is not clear that is where things are heading.  In many areas online distribution has already resulted in a shift of power from the traditional producers, the different record companies and book publishers (often relatively large companies themselves), to often one mega-corporation in each sector: Amazon, Apple iTunes. For the latter this was in no small part driven by the need for the music industry to react to widespread filesharing.  To be honest, however bad the legislation, I would rather trust myself to elected representatives, than unaccountable multinational corporations3.

If we do not wish to see poor legislation passed we need to offer better alternatives, both in terms of the law of the net and how we reward and fund the creative industries.  Maybe the BBC model is best, high quality entertainment funded by the public purse and then distributed freely.  However, I don’t see the US Congress nationalising Hollywood in the near future.

Of course copyright and IP is only part of a bigger picture where the net is challenging traditional notions of national borders and sovereignty.  In the UK we have seen recent cases where Twitter was used to undermine court injunctions.  The injunctions were in place to protect a few celebrities, so were ‘fair game’ anyway, and so elicited little public sympathy.  However, the Leveson Inquiry has heard evidence from the editor of the Express defending his paper’s suggestion that the McCann’s may have killed their own daughter; we expect and enforce (the Expresss paid £500,000 after a libel case) standards in the print media, would we expect less if the Express hosted a parallel new website in the Cayman Islands?

Whether it is privacy, malware or child pornography, we do expect and need to think of ways to limit the excess of the web whilst preserving its strengths.  Maybe the solution is more international agreements, hopefull not yet more extra-terratorial laws from the US4.

Could this day without Wikipedia be not just a call to protest, but also an opportunity to envision what a better future might be.

  1. blanked out today, see Google cache[back]
  2. By Booz&Co, which I thought at first was a wind-up, but appears to be a real company![back]
  3. As I write this, I am reminded of the  corporation-controlled world of Rollerball and other dystopian SciFi.[back]
  4. How come there is more protest over plans to shut out overseas web sites than there is over unmanned drones performing extra-judicial executions each week.[back]

tread lightly — controlling user experience pollution

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When thinking about usability or user experience, it is easy to focus on the application in front of us, but the way it impacts its environment may sometimes be far more critical. However, designing applications that are friendly to their environment (digital and physical) may require deep changes to the low-level operating systems.

I’m writing this post effectively ‘offline’ into a word processor for later upload. I sometimes do this as I find it easier to write without the distractions of editing within a web browser, or because I am physically disconnected from the Internet. However, now I am connected, and indeed I can see I am connected as a FTP file upload is progressing, it is just that anything else network-related is stalled.

The reason that the FTP upload is ‘hogging’ the network is, I believe, due to a quirk in the UNIX scheduling system, which was, paradoxically, originally intended to improve interactivity.

UNIX, which sits underneath Mac OS, is a multiprocessing operating system running many programs at once. Each process has a priority, called its ‘niceness‘, which can be set explicitly, but is also tweaked from moment to moment by the operating system. One of the rules for ‘tweaking’ it is that if a process is IO-bound, that is if it is constantly waiting for input or output, then its niceness is decreased, meaning that it is given higher priority.

The reason for this rule is partly to enhance interactive performance in the old days of command line interfaces; an interactive program would spend lots of time waiting for the user to enter something, and so its priority would increase meaning it would respond quickly as soon as the user entered anything. The other reason is that CPU time was seen as the scarce resource, so that processes that were IO bound were effectively being ‘nicer’ to other processes as they let them get a share of the precious CPU.

The FTP program is simply sitting there shunting out data to the network, so is almost permanently blocked waiting for the network as it can read from the disk faster than the network can transmit data. This means UNIX regards it as ‘nice’ and ups its priority. As soon as the network clears sufficiently, the FTP program is rescheduled and it puts more into the network queue, reads the next chunk from disk until the network is again full to capacity. Nothing else gets a chance, no web, no email, not even a network trace utility.

I’ve seen the same before with a database server on one of Fiona’s machines — all my fault. In the MySQL manual it suggested that you disable indices before large bulk updates (e.g. ingesting a file of data) and then re-enable them once the update is finished as indexing is more efficient on lots of data than one at a time. I duly did this and forgot about it until Fiona noticed something was wrong on the server and web traffic had ground to a near halt. When she opened a console on the server, she found that it seemed quiet, very little CPU load at all, and was puzzled until I realised it was my indexing. Indexing requires a lot of reading and writing data to and from disk, so MySQL became IO-bound, was given higher priority, as soon as the disk was free it was rescheduled, hit the disk once more … just as FTP is now hogging the network, MySQL hogged the disk and nothing else could read or write. Of course MySQL’s own performance was fine as it internally interleaved queries with indexing, it is just everything else on the system that failed.

These are hard scenarios to design for. I have written before (“why software need never hang“) about the way application designers do not think sufficiently about potential delays due to slow networks, or broken connections. However, that was about the applications that are suffering. Here the issue is not that the FTP program is badly designed for its delays, it is still responding very happily, just that it has had a knock on effect on the rest of the system. It is like cleaning your sink with industrial bleach — you have a clean house within, but pollute the watercourse without.

These kind of issues are not related solely to network and disk, any kind of resource is limited and profligacy causes damage in the digital world as much as in the physical environment.

Some years ago I had a Symbian smartphone, but it proved unusable as its battery life rarely exceeded 40 minutes from full charge. I thought I had a duff battery, but later realised it was because I was leaving applications on the phone ‘open’. For me I went to the address book, looked up a number, and that was that, I then maybe turned the phone off or switched  to something else without ‘exiting’ the address book. I was treating the phone like every previous phone I had used, but this one was different, it had a ‘real’ operating system, opening the address book launched the address book application, which then kept on running — and using power — until it was explicitly closed, a model that is maybe fine for permanently plugged in computers, but disastrous for a moble phone.

When early iPhones came out iOS was criticised for being single threaded, that is not having lots of things running in the ‘background’. However, this undoubtedly helped its battery life. Now, with newer versions of iOS, it has changed and there are lots of apps running at once, and I have noticed the battery life reducing, is that simply the battery wearing out with age or the effect of all those apps running?

Power is of course not just a problem for smartphones, but for any laptop. I try to closedown applications on my Mac when I am working without power as I know some programs just eat CPU when they are apparently idle (yes, Firefox, it’s you I’m talking about). And from an environmental point of view, lower power consumption when connected would also be good. My hope was that Apple would take the lessons learnt in the early iOS to change the nature of their mainstream OS, but sadly they succumbed to the pressure to make iOS a ‘proper’ OS!

Of course the FTP program could try to be friendly, perhaps when it is not the selected window deliberately throttle its network activity. But then the 4 hour upload would take 8 hours, instead of 20 minutes left at this point, I’d be looking forward to another 4 hours and 20 minutes, and I’d be complaining about that.

The trouble is that there needs to be better communication, more knowledge shared, between application and operating system. I would like FTP to use all the network capacity that it can, except when I am interacting with some other program. Either FTP needs to say to the OS “hey here’s a packet, send it when there’s a gap”1, or the OS needs some way for applications to determine current network state and make decisions based on that. Sometimes this sort of information is easily available, more often it is either very hard to get at or not available at all.

I recall years ago when internet was still mainly through pay-per-minute dial-up connections. You could set your PC to automatically dial when the internet was needed. However, some programs, such as chat, would periodically check with a central server to see if there was activity, this would cause the PC to dial-up the ISP. If you were lucky the PC also had an auto-disconnect after a period of inactivity, if you were not lucky the PC would connect at 2am and by the morning you’d find yourself with a phone bill more than your weeks’ wages.

When we were designing onCue at aQtive, we wanted to be able to connect to the Internet when it was available, but avoid bankrupting our users. Clearly somewhere in the TCP/IP stack, the layers of code over the network, at some level deep down it knew whether we were connected. I recall we found a very helpful function in the Windows API called something like “isConnected”2. Unfortunately, it worked by attempting to send a network packet and returning true if it succeeded and false if it failed. Of course sending the test packet caused the PC to auto-dial …

And now there is just 1 minute and 53 seconds left on the upload, so time to finish this post before I get on to garbage collection.

  1. This form of “send when you can” would also be useful in cellular networks, for example when syncing photos.[back]
  2. I had a quick peek, and fund that Windows CE has a function called InternetGetConnectedState.  I don’t know if this works better now.[back]

New Year and New Job

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It is a New Year and I am late with my Christmas crackers again!

If you are expecting the annual virtual cracker from me it is coming … but maybe not before Twelfth Night :-/

The New Year is bringing changes, not least, as many already know, I am moving my academic role and taking up a part-time post as professor down in Birmingham University.

At Birmingham I will be joining an established and vibrant HCI centre, including long-term colleague and friend Russell Beale.  The group has recently had substantial  investment from the University leading to several new appointments including Andrew Howes (who coincidentally also has past Lancaster connections).

The reasons for the move are partly to join this exciting group and partly to simplify life as Talis is based in Birmingham, so just one place to travel to regularly, and one of my daughters also there.

Of course this also means I will be leaving many dear colleagues and friends at Lancaster, but I do expect to continue to work with many and am likely to retain a formal or informal role there for some time.

As well as moving institutions I am also further reducing my percentage of academic time — typically I’ll be just one day a week academic.  So, apologies in advance if my email responses becomes even more sporadic and I turn down (or fail to answer :-() requests for reviews, PhD exams, etc.

Although moving institutions, I will, of course, continue to live up in Tiree (wild and windy, but, at the moment, so is everywhere!), so will still be travelling up and down the country; I’ll wave as I pass!

… and there will be another Tiree Tech Wave in March 🙂

changing rules of copyright on the web – the NLA case

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I’ve been wondering about the broader copyright implications of a case that went through the England and Wales Court of Appeal earlier this year.  The case was brought by  the NLA (Newspaper Licensing Agency) against Meltwater, who run commercial media-alert services; for example telling  you or your company when and where you have been mentioned in the press.

While the case is specifically about a news service, it appears to have  broader implications for the web, not least because it makes new judgements on:

  • the use of titles/headlines — they are copyright in their own right
  • the use of short snippets (in this case no more than 256 characters) — they too potentially infringe copyright
  • whether a URL link is sufficient acknowledgement of copyright material for fair use – it isn’t!

These, particularly the last, seems to have implications for any form of publicly available lists, bookmarks, summaries, or even search results on the web.  While NLA specifically allow free services such as Google News and Google Alerts, it appears that this is ‘grace and favour’, not use by right.   I am reminded of the Shetland case1, which led to many organisations having paranoid policies regarding external linking (e.g. seeking explicit permission for every link!).

So, in the UK at least, web law copyright law changed significantly through precedent, and I didn’t even notice at the time!

In fact, the original case was heard more than a year ago November 2010 (full judgement) and then the appeal in July 2011 (full judgement), but is sufficiently important that the NLA are still headlining it on their home page (see below, and also their press releases (PDF) about the original judgement and appeal).  So effectively things changed at least at that point, although as this is a judgement about law, not new legislation, it presumably also acts retrospectively.  However, I only recently became aware of it after seeing a notice in The Times last week – I guess because it is time for annual licences to be renewed.

Newspaper Licensing Agency (home page) on 26th Dec 2011

The actual case was, in summary, as follows. Meltwater News produce commercial media monitoring services, that include the title, first few words, and a short snippet of  news items that satisfy some criteria, for example mentioning a company name or product.  NLA have a license agreement for such companies and for those using such services, but Meltwater claimed it did not need such a license and, even if it did, its clients certainly did not require any licence.  However, the original judgement and the appeal found pretty overwhelmingly in favour of NLA.

In fact, my gut feeling in this case was with the NLA.  Meltwater were making substantial money from a service that (a) depends on the presence of news services and (b) would, for equivalent print services, require some form of licence fee to be paid.  So while I actually feel the judgement is fair in the particular case, it makes decisions that seem worrying when looked at in terms of the web in general.

Summary of the judgement

The appeal supported the original judgement so summarising the main points from the latter (indented text quoting from the text of the judgement).

Headlines

The status of headlines (and I guess by extension book titles, etc.) in UK law are certainly materially changed by this ruling (para 70/71), from previous case law (Fairfax, Para. 62).

Para. 70. The evidence in the present case (incidentally much fuller than that before Bennett J in Fairfax -see her observations at [28]) is that headlines involve considerable skill in devising and they are specifically designed to entice by informing the reader of the content of the article in an entertaining manner.

Para. 71. In my opinion headlines are capable of being literary works, whether independently or as part of the articles to which they relate. Some of the headlines in the Daily Mail with which I have been provided are certainly independent literary works within the Infopaq test. However, I am unable to rule in the abstract, particularly as I do not know the precise process that went into creating any of them. I accept Mr Howe’s submission that it is not the completed work as published but the process of creation and the identification of the skill and labour that has gone into it which falls to be assessed.

Links and fair use

The ruling explicitly says that a link is not sufficient acknowledgement in terms of fair use:

Para. 146. I do not accept that argument either. The Link directs the End User to the original article. It is no better an acknowledgment than a citation of the title of a book coupled with an indication of where the book may be found, because unless the End User decides to go to the book, he will not be able to identify the author. This interpretation of identification of the author for the purposes of the definition of “sufficient acknowledgment” renders the requirement to identify the author virtually otiose.

Links as copies

Para 45 (not part of the judgement, but part of NLA’s case) says:

Para. 45. … By clicking on a Link to an article, the End User will make a copy of the article within the meaning of s. 17 and will be in possession of an infringing copy in the course of business within the meaning of s. 23.

The argument here is that the site has some terms and conditions that say it is not for ‘commercial user’.

As far as I can see the judge equivocates on this issue, but happily does not seem convinced:

Para 100. I was taken to no authority as to the effect of incorporation of terms and conditions through small type, as to implied licences, as to what is commercial user for the purposes of the terms and conditions or as to how such factors impact on whether direct access to the Publishers’ websites creates infringing copies. As I understand it, I am being asked to take a broad brush approach to the deployment of the websites by the Publishers and the use by End Users. There is undoubtedly however a tension between (i) complaining that Meltwater’s services result in a small click-through rate (ii) complaining that a direct click to the article skips the home page which contains the link to the terms and conditions and (iii) asserting that the End Users are commercial users who are not permitted to use the websites anyway.

Free use

Finally, the following extract suggests that NLA would not be seeking to enforce the full licence on certain free services:

Para. 20. The Publishers have arrangements or understandings with certain free media monitoring services such as Google News and Google Alerts whereby those services are currently licensed or otherwise permitted. It would apparently be open to the End Users to use such free services, or indeed a general search engine, instead of a paid media monitoring service without (currently at any rate) encountering opposition from the Publishers. That is so even though the End Users may be using such services for their own commercial purposes. The WEUL only applies to customers of a commercial media monitoring service.

Of course, the fact that they allow it without licence, suggests they feel the same copyright rules do apply, that is the search collation services are subject to copyright.  The judge does not make a big point of this piece of evidence in any way, which would suggest that these free services do not have a right to abstract and link.  However, the fact that Meltwater (the agency NA is acting against) is making substantial money was clearly noted by the judge, as was the fact that users could choose to use alternative services free.

Thinking about it

As noted my gut feeling is that fairness goes to the newspapers involved; news gathering and reportingis costly, and openly accessible online newspapers are of benefit to us all; so, if news providers are unable to make money, we all lose.

Indeed, years ago in dot.com days, at aQtive we were very careful that onCue, our intelligent internet sidebar, did not break the business models of the services we pointed to. While we effectively pre-filled forms and submitted them silently, we did not scrape results and present these directly, but instead sent the user to the web page that provided the information.  This was partly out a feeling that this was the right and fair thing to do, partly because if we treated others fairly they would be happy for us to provide this value-added service on top of what they provided, and partly because we relied on these third-party services for our business, so our commercial success relied on theirs.

This would all apply equally to the NLA v. Meltwater case.

However, like the Shetland case all those years ago, it is not the particular of the case that seems significant, but the wide ranging implications.  I, like so many others, frequently cite web materials in blog posts, web pages and resource lists by title alone with the words live and pointing to the source site.  According to this judgement the title is copyright, and even if my use of it is “fair use” (as it normally would be), the use of the live link is NOT sufficient acknowledgement.

Maybe, things are not quite so bad as they seem. In the NLA vs. Meltwater case, the NLA had a specific licence model and agreement.  The NLA were not seeking retrospective damages for copyright infringement before this was in place, merely requiring that Meltwater subscribe fully to the licence.  The issue was not that just that copyright had been infringed, but that it had been when there was a specific commercial option in place.  In UK copyright law, I believe, it is not sufficient to say copyright has been infringed, but also to show that the copyright owner has been materially disadvantaged by the infringement; so, the existence of the licence option was probably critical to the specific judgement.   However the general principles probably apply to any case where the owner could claim damage … and maybe claim so merely in order to seek an out-of-court settlement.

This case was resolved five months ago, and I’ve not heard of any rush of law firms creating vexatious copyright claims.  So maybe there will not be any long-lasting major repercussions from the case … or maybe the storm is still to come.

Certainly, the courts have become far more internet savvy since the 1990s, but judges can only deal with the laws they are give, and it is not at all clear that law-makers really understand the implications of their legislation on the smooth running of the web.

  1. This was the case in the late 1990s where the Shetland Times sued the Shetland News for including links to its articles.  Although the particular case involved material that appeared to be re-badged, the legal issues endangered the very act of linking at all. See NUJ Freelance “NUJ still supports Shetland News in internet case“, BBC “Shetland Internet squabble settled out of court“, The Lawyer “Shetland Internet copyright case is settled out of court“[back]

ignorance or misinformation – the press and higher education

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I guess I shouldn’t be surprised at poor reporting in the Mail, but it does feel slightly more serious than the other tabloids.  I should explain I have a copy of the Mail as it was the only UK paper when I got on the Malaysian Airlines plane in Kuala Lumpur on Tuesday evening, and it is the Monday copy as I assume it had flown out of the UK on the flight the day before!

Deepish inside, p22, the article was “UK students lose out in sciences” by Nick Mcdermott.  The article quotes a report by Civitas that shows that while the annual number of students in so called STEM (Science, Technology, Engineering and Maths) courses rose by around 6500 in the 10 years 1997-2007, in fact this is largely due to an increase of 12,308 in overseas students and a fall in UK students of nearly 6000.  Given an overall increase in student numbers of 600,000 in this period and employers “calling for more science graduates”, the STEM drop is particularly marked.

While the figures I assume are correct, the Mail article leaves the false impression that the overseas students are in some way taking places from the UK students, indeed the article’s title “UK students lose out” suggests precisely this.  I can’t work out if this is simply the writer’s ignorance of the UK higher education system, or deliberate misinformation — neither are good news for British journalism.

Of course, the truth is precisely the opposite.  Overseas students are not in competition with UK students for undergraduate places in STEM or other subjects, as the number of UK students is effectively controlled by a combination of Government quotas and falling student demand in STEM subjects.  The latter, a disinterest in the traditionally ‘hard’ subjects by University applicants, has led to the closure of several university science departments across the country.  Rather than competing with UK students, the presence of overseas students makes courses more likely to be viable and thus preserves the variety of education available for UK students.  Furthermore, the higher fees for overseas students compared with the combined student fees and government monies for UK students, means that, if anything, these overseas students subsidise their UK colleagues.

We should certainly be asking why it is that an increasing number of overseas students value the importance of a science/engineering training while their British counterparts eschew these areas.  However, the blame for the lack of UK engineering graduates does not lie with the overseas students, but closer to home.  Somehow in our school system and popular culture we have lost a sense of the value of a deep scientific education.  Until this changes and UK students begin to apply for these subjects, we cannot expect there to be more UK graduates.  In the mean time, we can only hope that there will be more overseas students coming to study in the UK and keep the scientific and engineering expertise of universities alive until our own country finally comes to its senses.

intellectual property issues in dreams

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Had an active night of dreams last night, but my favourite point was in some sort of workshop, where we had clearly put slides on the web and someone said that we had had a ‘cease and desist’ request concerning one of the slides.   They showed me the web page with the comment below.  Unfortunately, I never seem to be able to read text on the web so first two words of the comment are interpolated, but the last part is verbatim:

1 Comment »
.      . Prior art  O  : – )

If the person who left the comment on the blog in my dreams is out there — good on you!

Deadly curse of health and safety culture

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Yesterday’s Times front page story “death by red tape” described the sheriff’s report on a woman who had fallen down a 45 foot (less than 15 metre) mine shaft in Ayreshire, and died after 6 hours while emergency services argued on the surface about health and safety issues. I was reminded of a similar case a while ago when an ambulance crew had to wait for police backup while again a patient died.

Neither report mentioned the Fire Chief who was charged with manslaughter after the warehouse blaze in the south of England a few years ago. In this case he did allow teams into the building, allowing them to do their job. In this case it was the fire crew who died and their manager held responsible.

With those responsible in these situations having to be constantly aware that they may face criminal
prosecution if they make the wrong decision, no wonder they delay.

Those on the front line in these circumstances have to make difficult decisions. While these decisions certainly should be reviewed analysed and used to improve training and advice, we need to end the blame culture and accept that these decisions will occasionally turn out in the light of time to have been wrong.

Our belief we can create a risk free world is hubris, and while we maintain this myth, those who are faced with the real decisions have their already difficult job made harder, and incidents like the preventable death of this woman in Scotland will continue.

After the Tech Wave is over

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The Second Tiree Tech Wave is over.   Yesterday the last participants left by ferry and plane and after a final few hours tidying, the Rural Centre, which the day before had been a tangle of wire and felt, books and papers, cups and biscuit packets, is now as it had been before.  And as I left, the last boxes under my arm, it was strangely silent with only the memory of voices and laughter in my mind.

So is it as if it had never been?  I there anything left behind?  There are a few sheets of Magic Whiteboard on the walls, that I left so that those visiting the Rural Centre in the coming weeks can see something of what we were doing, and there are used teabags and fish-and-chip boxes in the bin, but few traces.

We trod lightly, like the agriculture of the island, where Corncrake and orchid live alongside sheep and cattle.

Some may have heard me talk about the way design is like a Spaghetti Western. In the beginning of the film Clint Eastwood walks into the town, and at the end walks away.  He does not stay, happily ever after, with a girl on his arm, but leaves almost as if nothing had ever happened.

But while he, like the designer, ultimately leaves, things are not the same.  The Carson brothers who had the town in fear for years lie dead in their ranch at the edge of town, the sharp tang of gunfire still in the air and the buzz of flies slowly growing over the elsewise silent bodies.  The crooked major, who had been in the pocket of the Carson brothers, is strapped over a mule heading across the desert towards Mexico, and not a few wooden rails and water buts need to be repaired.  The job of the designer is not to stay, but to leave, but leave change: intervention more than invention.

But the deepest changes are not those visible in the bullet-pocked saloon door, but in the people.  The drunk who used to sit all day at the bar, has discovered that he is not just a drunk, but he is a man, and the barmaid, who used to stand behind the bar has discovered that she is not just a barmaid, but she is a woman.

This is true of the artefacts we create and leave behind as designers, but much more so of the events, which come and go through our lives.  It is not so much the material traces they leave in the environment, but the changes in ourselves.

I know that, as the plane and ferry left with those last participants, a little of myself left with them, and I know many, probably all, felt a little of themselves left behind on Tiree.  This is partly abut the island itself; indeed I know one participant was already planning a family holiday here and another was looking at Tiree houses for sale on RightMove!  But it was also the intensity of five, sometimes relaxed, sometimes frenetic, days together.

So what did we do?

There was no programme of twenty minute talks, no keynotes or demo, indeed no plan nor schedule at all, unusual in our diary-obsessed, deadline-driven world.

Well, we talked.  Not at a podium with microphone and Powerpoint slides, but while sitting around tables, while walking on the beach, and while standing looking up at Tilly, the community wind turbine, the deep sound of her swinging blades resonating in our bones.  And we continued to talk as the sun fell and the overwhelmingly many stars came out , we talked while eating, while drinking and while playing (not so expertly) darts.

We met people from the island those who came to the open evening on Saturday, or popped in during the days, and some at the Harvest Service on Sunday.  We met Mark who told us about the future plans for Tiree Broadband, Jane at PaperWorks who made everything happen, Fiona and others at the Lodge who provided our meals, and many more. Indeed, many thanks to all those on the island who in various ways helped or made those at TTW feel welcome.

We also wrote.  We wrote on sheets of paper, notes and diagrams, and filled in TAPT forms for Clare who was attempting unpack our experiences of peace and calmness in the hope of designing computer systems that aid rather than assault our solitude.  Three large Magic Whiteboard sheets were entitled “I make because …”, “I make with …”, “I make …” and were filled with comments.  And, in these days of measurable objectives, I know that at least a grant proposal, book chapter and paper were written during the long weekend; and the comments on the whiteboards and experiences of the event will be used to create a methodological reflection of the role of making in research which we’ll put into Interfaces and the TTW web site.

We moved.  Walking, throwing darts, washing dishes, and I think all heavily gesturing with our hands while taking.  And became more aware of those movements during Layda’s warm-up improvisation exercises when we mirrored one another’s movements, before using our bodies in RePlay to investigate issues of creativity and act out the internal architecture of Magnus’ planned digital literature system.

We directly encountered the chill of wind and warmth of sunshine, the cattle and sheep, often on the roads as well as in the fields.  We saw on maps the pattern of settlement on the island and on display boards the wools from different breeds on the island. Some of us went to the local historical centre, An Iodhlann [[ http://www.aniodhlann.org.uk/ ]], to see artefacts, documents and displays of the island in times past, from breadbasket of the west of Scotland to wartime airbase.

We slept.  I in my own bed, some in the Lodge, some in the B&B round the corner, Matjaz and Klem in a camper van and Magnus – brave heart – in a tent amongst the sand dunes.  Occasionally some took a break and dozed in the chairs at the Rural Centre or even nodded off over a good dinner (was that me?).

We showed things we had brought with us, including Magnus’ tangle of wires and circuit boards that almost worked, myself a small pack of FireFly units (enough to play with I hope in a future Tech Wave), Layda’s various pieces she had made in previous tech-arts workshops, Steve’s musical instrument combining Android phone and cardboard foil tube, and Alessio’s impressively modified table lamp.

And we made.  We do after all describe this as a making event!  Helen and Claire explored the limits of ZigBee wireless signals.  Several people contributed to an audio experience using proximity sensors and Arduino boards, and Steve’s CogWork Chip: Lego and electronics, maybe the world’s first mechanical random-signal generator.  Descriptions of many of these and other aspects of the event will appear in due course on the TTW site and participants’ blogs.


But it was a remark that Graham made as he was waiting in the ferry queue that is most telling.  It was not the doing that was central, the making, even the talking, but the fact that he didn’t have to do anything at all.  It was the lack of a plan that made space to fill with doing, or not to do so.

Is that the heart?  We need time and space for non-doing, or maybe even un-doing, unwinding tangles of self as well as wire.

There will be another Tiree Tech Wave in March/April, do come to share in some more not doing then.

Who was there:

  • Alessio Malizia – across the seas from Madrid, blurring the boundaries between information, light and space
  • Helen  Pritchard – artist, student of innovation and interested in cows
  • Claire  Andrews – roller girl and researching the design of assistive products
  • Clare  Hooper – investigating creativity, innovation and a sprinkling of SemWeb
  • Magnus  Lawrie – artist, tent-dweller and researcher of digital humanities
  • Steve Gill – designer, daredevil and (when he can get me to make time) co-authoring book on physicality TouchIT
  • Graham Dean – ex-computer science lecturer, ex-businessman, and current student and auto-ethnographer of maker-culture
  • Steve Foreshaw – builder, artist, magician and explorer of alien artefacts
  • Matjaz Kljun – researcher of personal information and olive oil maker
  • Layda Gongora – artist, curator, studying improvisation, meditation and wild hair
  • Alan Dix – me