U.K. National Portrait Gallery threatens U.S. citizen with legal action over Wikimedia images

Tuesday, July 14, 2009

This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.

The English National Portrait Gallery (NPG) in London has threatened on Friday to sue a U.S. citizen, Derrick Coetzee. The legal letter followed claims that he had breached the Gallery’s copyright in several thousand photographs of works of art uploaded to the Wikimedia Commons, a free online media repository.

In a letter from their solicitors sent to Coetzee via electronic mail, the NPG asserted that it holds copyright in the photographs under U.K. law, and demanded that Coetzee provide various undertakings and remove all of the images from the site (referred to in the letter as “the Wikipedia website”).

Wikimedia Commons is a repository of free-to-use media, run by a community of volunteers from around the world, and is a sister project to Wikinews and the encyclopedia Wikipedia. Coetzee, who contributes to the Commons using the account “Dcoetzee”, had uploaded images that are free for public use under United States law, where he and the website are based. However copyright is claimed to exist in the country where the gallery is situated.

The complaint by the NPG is that under UK law, its copyright in the photographs of its portraits is being violated. While the gallery has complained to the Wikimedia Foundation for a number of years, this is the first direct threat of legal action made against an actual uploader of images. In addition to the allegation that Coetzee had violated the NPG’s copyright, they also allege that Coetzee had, by uploading thousands of images in bulk, infringed the NPG’s database right, breached a contract with the NPG; and circumvented a copyright protection mechanism on the NPG’s web site.

The copyright protection mechanism referred to is Zoomify, a product of Zoomify, Inc. of Santa Cruz, California. NPG’s solicitors stated in their letter that “Our client used the Zoomify technology to protect our client’s copyright in the high resolution images.”. Zoomify Inc. states in the Zoomify support documentation that its product is intended to make copying of images “more difficult” by breaking the image into smaller pieces and disabling the option within many web browsers to click and save images, but that they “provide Zoomify as a viewing solution and not an image security system”.

In particular, Zoomify’s website comments that while “many customers — famous museums for example” use Zoomify, in their experience a “general consensus” seems to exist that most museums are concerned with making the images in their galleries accessible to the public, rather than preventing the public from accessing them or making copies; they observe that a desire to prevent high resolution images being distributed would also imply prohibiting the sale of any posters or production of high quality printed material that could be scanned and placed online.

Other actions in the past have come directly from the NPG, rather than via solicitors. For example, several edits have been made directly to the English-language Wikipedia from the IP address 217.207.85.50, one of sixteen such IP addresses assigned to computers at the NPG by its ISP, Easynet.

In the period from August 2005 to July 2006 an individual within the NPG using that IP address acted to remove the use of several Wikimedia Commons pictures from articles in Wikipedia, including removing an image of the Chandos portrait, which the NPG has had in its possession since 1856, from Wikipedia’s biographical article on William Shakespeare.

Other actions included adding notices to the pages for images, and to the text of several articles using those images, such as the following edit to Wikipedia’s article on Catherine of Braganza and to its page for the Wikipedia Commons image of Branwell Brontë‘s portrait of his sisters:

“THIS IMAGE IS BEING USED WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER.”
“This image is copyright material and must not be reproduced in any way without permission of the copyright holder. Under current UK copyright law, there is copyright in skilfully executed photographs of ex-copyright works, such as this painting of Catherine de Braganza.
The original painting belongs to the National Portrait Gallery, London. For copies, and permission to reproduce the image, please contact the Gallery at picturelibrary@npg.org.uk or via our website at www.npg.org.uk”

Other, later, edits, made on the day that NPG’s solicitors contacted Coetzee and drawn to the NPG’s attention by Wikinews, are currently the subject of an internal investigation within the NPG.

Coetzee published the contents of the letter on Saturday July 11, the letter itself being dated the previous day. It had been sent electronically to an email address associated with his Wikimedia Commons user account. The NPG’s solicitors had mailed the letter from an account in the name “Amisquitta”. This account was blocked shortly after by a user with access to the user blocking tool, citing a long standing Wikipedia policy that the making of legal threats and creation of a hostile environment is generally inconsistent with editing access and is an inappropriate means of resolving user disputes.

The policy, initially created on Commons’ sister website in June 2004, is also intended to protect all parties involved in a legal dispute, by ensuring that their legal communications go through proper channels, and not through a wiki that is open to editing by other members of the public. It was originally formulated primarily to address legal action for libel. In October 2004 it was noted that there was “no consensus” whether legal threats related to copyright infringement would be covered but by the end of 2006 the policy had reached a consensus that such threats (as opposed to polite complaints) were not compatible with editing access while a legal matter was unresolved. Commons’ own website states that “[accounts] used primarily to create a hostile environment for another user may be blocked”.

In a further response, Gregory Maxwell, a volunteer administrator on Wikimedia Commons, made a formal request to the editorial community that Coetzee’s access to administrator tools on Commons should be revoked due to the prevailing circumstances. Maxwell noted that Coetzee “[did] not have the technically ability to permanently delete images”, but stated that Coetzee’s potential legal situation created a conflict of interest.

Sixteen minutes after Maxwell’s request, Coetzee’s “administrator” privileges were removed by a user in response to the request. Coetzee retains “administrator” privileges on the English-language Wikipedia, since none of the images exist on Wikipedia’s own website and therefore no conflict of interest exists on that site.

Legally, the central issue upon which the case depends is that copyright laws vary between countries. Under United States case law, where both the website and Coetzee are located, a photograph of a non-copyrighted two-dimensional picture (such as a very old portrait) is not capable of being copyrighted, and it may be freely distributed and used by anyone. Under UK law that point has not yet been decided, and the Gallery’s solicitors state that such photographs could potentially be subject to copyright in that country.

One major legal point upon which a case would hinge, should the NPG proceed to court, is a question of originality. The U.K.’s Copyright, Designs and Patents Act 1988 defines in ¶ 1(a) that copyright is a right that subsists in “original literary, dramatic, musical or artistic works” (emphasis added). The legal concept of originality here involves the simple origination of a work from an author, and does not include the notions of novelty or innovation that is often associated with the non-legal meaning of the word.

Whether an exact photographic reproduction of a work is an original work will be a point at issue. The NPG asserts that an exact photographic reproduction of a copyrighted work in another medium constitutes an original work, and this would be the basis for its action against Coetzee. This view has some support in U.K. case law. The decision of Walter v Lane held that exact transcriptions of speeches by journalists, in shorthand on reporter’s notepads, were original works, and thus copyrightable in themselves. The opinion by Hugh Laddie, Justice Laddie, in his book The Modern Law of Copyright, points out that photographs lie on a continuum, and that photographs can be simple copies, derivative works, or original works:

“[…] it is submitted that a person who makes a photograph merely by placing a drawing or painting on the glass of a photocopying machine and pressing the button gets no copyright at all; but he might get a copyright if he employed skill and labour in assembling the thing to be photocopied, as where he made a montage.”

Various aspects of this continuum have already been explored in the courts. Justice Neuberger, in the decision at Antiquesportfolio.com v Rodney Fitch & Co. held that a photograph of a three-dimensional object would be copyrightable if some exercise of judgement of the photographer in matters of angle, lighting, film speed, and focus were involved. That exercise would create an original work. Justice Oliver similarly held, in Interlego v Tyco Industries, that “[i]t takes great skill, judgement and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no-one would reasonably contend that the copy, painting, or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright. Skill, labour or judgement merely in the process of copying cannot confer originality.”.

In 2000 the Museums Copyright Group, a copyright lobbying group, commissioned a report and legal opinion on the implications of the Bridgeman case for the UK, which stated:

“Revenue raised from reproduction fees and licensing is vital to museums to support their primary educational and curatorial objectives. Museums also rely on copyright in photographs of works of art to protect their collections from inaccurate reproduction and captioning… as a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law”. The report concluded by advocating that “museums must continue to lobby” to protect their interests, to prevent inferior quality images of their collections being distributed, and “not least to protect a vital source of income”.

Several people and organizations in the U.K. have been awaiting a test case that directly addresses the issue of copyrightability of exact photographic reproductions of works in other media. The commonly cited legal case Bridgeman Art Library v. Corel Corp. found that there is no originality where the aim and the result is a faithful and exact reproduction of the original work. The case was heard twice in New York, once applying UK law and once applying US law. It cited the prior UK case of Interlego v Tyco Industries (1988) in which Lord Oliver stated that “Skill, labour or judgement merely in the process of copying cannot confer originality.”

“What is important about a drawing is what is visually significant and the re-drawing of an existing drawing […] does not make it an original artistic work, however much labour and skill may have gone into the process of reproduction […]”

The Interlego judgement had itself drawn upon another UK case two years earlier, Coca-Cola Go’s Applications, in which the House of Lords drew attention to the “undesirability” of plaintiffs seeking to expand intellectual property law beyond the purpose of its creation in order to create an “undeserving monopoly”. It commented on this, that “To accord an independent artistic copyright to every such reproduction would be to enable the period of artistic copyright in what is, essentially, the same work to be extended indefinitely… ”

The Bridgeman case concluded that whether under UK or US law, such reproductions of copyright-expired material were not capable of being copyrighted.

The unsuccessful plaintiff, Bridgeman Art Library, stated in 2006 in written evidence to the House of Commons Committee on Culture, Media and Sport that it was “looking for a similar test case in the U.K. or Europe to fight which would strengthen our position”.

The National Portrait Gallery is a non-departmental public body based in London England and sponsored by the Department for Culture, Media and Sport. Founded in 1856, it houses a collection of portraits of historically important and famous British people. The gallery contains more than 11,000 portraits and 7,000 light-sensitive works in its Primary Collection, 320,000 in the Reference Collection, over 200,000 pictures and negatives in the Photographs Collection and a library of around 35,000 books and manuscripts. (More on the National Portrait Gallery here)

The gallery’s solicitors are Farrer & Co LLP, of London. Farrer’s clients have notably included the British Royal Family, in a case related to extracts from letters sent by Diana, Princess of Wales which were published in a book by ex-butler Paul Burrell. (In that case, the claim was deemed unlikely to succeed, as the extracts were not likely to be in breach of copyright law.)

Farrer & Co have close ties with industry interest groups related to copyright law. Peter Wienand, Head of Intellectual Property at Farrer & Co., is a member of the Executive body of the Museums Copyright Group, which is chaired by Tom Morgan, Head of Rights and Reproductions at the National Portrait Gallery. The Museums Copyright Group acts as a lobbying organization for “the interests and activities of museums and galleries in the area of [intellectual property rights]”, which reacted strongly against the Bridgeman Art Library v. Corel Corp. case.

Wikimedia Commons is a repository of images, media, and other material free for use by anyone in the world. It is operated by a community of 21,000 active volunteers, with specialist rights such as deletion and blocking restricted to around 270 experienced users in the community (known as “administrators”) who are trusted by the community to use them to enact the wishes and policies of the community. Commons is hosted by the Wikimedia Foundation, a charitable body whose mission is to make available free knowledge and historic and other material which is legally distributable under US law. (More on Commons here)

The legal threat also sparked discussions of moral issues and issues of public policy in several Internet discussion fora, including Slashdot, over the weekend. One major public policy issue relates to how the public domain should be preserved.

Some of the public policy debate over the weekend has echoed earlier opinions presented by Kenneth Hamma, the executive director for Digital Policy at the J. Paul Getty Trust. Writing in D-Lib Magazine in November 2005, Hamma observed:

“Art museums and many other collecting institutions in this country hold a trove of public-domain works of art. These are works whose age precludes continued protection under copyright law. The works are the result of and evidence for human creativity over thousands of years, an activity museums celebrate by their very existence. For reasons that seem too frequently unexamined, many museums erect barriers that contribute to keeping quality images of public domain works out of the hands of the general public, of educators, and of the general milieu of creativity. In restricting access, art museums effectively take a stand against the creativity they otherwise celebrate. This conflict arises as a result of the widely accepted practice of asserting rights in the images that the museums make of the public domain works of art in their collections.”

He also stated:

“This resistance to free and unfettered access may well result from a seemingly well-grounded concern: many museums assume that an important part of their core business is the acquisition and management of rights in art works to maximum return on investment. That might be true in the case of the recording industry, but it should not be true for nonprofit institutions holding public domain art works; it is not even their secondary business. Indeed, restricting access seems all the more inappropriate when measured against a museum’s mission — a responsibility to provide public access. Their charitable, financial, and tax-exempt status demands such. The assertion of rights in public domain works of art — images that at their best closely replicate the values of the original work — differs in almost every way from the rights managed by the recording industry. Because museums and other similar collecting institutions are part of the private nonprofit sector, the obligation to treat assets as held in public trust should replace the for-profit goal. To do otherwise, undermines the very nature of what such institutions were created to do.”

Hamma observed in 2005 that “[w]hile examples of museums chasing down digital image miscreants are rare to non-existent, the expectation that museums might do so has had a stultifying effect on the development of digital image libraries for teaching and research.”

The NPG, which has been taking action with respect to these images since at least 2005, is a public body. It was established by Act of Parliament, the current Act being the Museums and Galleries Act 1992. In that Act, the NPG Board of Trustees is charged with maintaining “a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art”. It also has the tasks of “secur[ing] that the portraits are exhibited to the public” and “generally promot[ing] the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate”.

Several commentators have questioned how the NPG’s statutory goals align with its threat of legal action. Mike Masnick, founder of Techdirt, asked “The people who run the Gallery should be ashamed of themselves. They ought to go back and read their own mission statement[. …] How, exactly, does suing someone for getting those portraits more attention achieve that goal?” (external link Masnick’s). L. Sutherland of Bigmouthmedia asked “As the paintings of the NPG technically belong to the nation, does that mean that they should also belong to anyone that has access to a computer?”

Other public policy debates that have been sparked have included the applicability of U.K. courts, and U.K. law, to the actions of a U.S. citizen, residing in the U.S., uploading files to servers hosted in the U.S.. Two major schools of thought have emerged. Both see the issue as encroachment of one legal system upon another. But they differ as to which system is encroaching. One view is that the free culture movement is attempting to impose the values and laws of the U.S. legal system, including its case law such as Bridgeman Art Library v. Corel Corp., upon the rest of the world. Another view is that a U.K. institution is attempting to control, through legal action, the actions of a U.S. citizen on U.S. soil.

David Gerard, former Press Officer for Wikimedia UK, the U.K. chapter of the Wikimedia Foundation, which has been involved with the “Wikipedia Loves Art” contest to create free content photographs of exhibits at the Victoria and Albert Museum, stated on Slashdot that “The NPG actually acknowledges in their letter that the poster’s actions were entirely legal in America, and that they’re making a threat just because they think they can. The Wikimedia community and the WMF are absolutely on the side of these public domain images remaining in the public domain. The NPG will be getting radioactive publicity from this. Imagine the NPG being known to American tourists as somewhere that sues Americans just because it thinks it can.”

Benjamin Crowell, a physics teacher at Fullerton College in California, stated that he had received a letter from the Copyright Officer at the NPG in 2004, with respect to the picture of the portrait of Isaac Newton used in his physics textbooks, that he publishes in the U.S. under a free content copyright licence, to which he had replied with a pointer to Bridgeman Art Library v. Corel Corp..

The Wikimedia Foundation takes a similar stance. Erik Möller, the Deputy Director of the US-based Wikimedia Foundation wrote in 2008 that “we’ve consistently held that faithful reproductions of two-dimensional public domain works which are nothing more than reproductions should be considered public domain for licensing purposes”.

Contacted over the weekend, the NPG issued a statement to Wikinews:

“The National Portrait Gallery is very strongly committed to giving access to its Collection. In the past five years the Gallery has spent around £1 million digitising its Collection to make it widely available for study and enjoyment. We have so far made available on our website more than 60,000 digital images, which have attracted millions of users, and we believe this extensive programme is of great public benefit.
“The Gallery supports Wikipedia in its aim of making knowledge widely available and we would be happy for the site to use our low-resolution images, sufficient for most forms of public access, subject to safeguards. However, in March 2009 over 3000 high-resolution files were appropriated from the National Portrait Gallery website and published on Wikipedia without permission.
“The Gallery is very concerned that potential loss of licensing income from the high-resolution files threatens its ability to reinvest in its digitisation programme and so make further images available. It is one of the Gallery’s primary purposes to make as much of the Collection available as possible for the public to view.
“Digitisation involves huge costs including research, cataloguing, conservation and highly-skilled photography. Images then need to be made available on the Gallery website as part of a structured and authoritative database. To date, Wikipedia has not responded to our requests to discuss the issue and so the National Portrait Gallery has been obliged to issue a lawyer’s letter. The Gallery remains willing to enter into a dialogue with Wikipedia.

In fact, Matthew Bailey, the Gallery’s (then) Assistant Picture Library Manager, had already once been in a similar dialogue. Ryan Kaldari, an amateur photographer from Nashville, Tennessee, who also volunteers at the Wikimedia Commons, states that he was in correspondence with Bailey in October 2006. In that correspondence, according to Kaldari, he and Bailey failed to conclude any arrangement.

Jay Walsh, the Head of Communications for the Wikimedia Foundation, which hosts the Commons, called the gallery’s actions “unfortunate” in the Foundation’s statement, issued on Tuesday July 14:

“The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally. To that end, we have very productive working relationships with a number of galleries, archives, museums and libraries around the world, who join with us to make their educational materials available to the public.
“The Wikimedia Foundation does not control user behavior, nor have we reviewed every action taken by that user. Nonetheless, it is our general understanding that the user in question has behaved in accordance with our mission, with the general goal of making public domain materials available via our Wikimedia Commons project, and in accordance with applicable law.”

The Foundation added in its statement that as far as it was aware, the NPG had not attempted “constructive dialogue”, and that the volunteer community was presently discussing the matter independently.

In part, the lack of past agreement may have been because of a misunderstanding by the National Portrait Gallery of Commons and Wikipedia’s free content mandate; and of the differences between Wikipedia, the Wikimedia Foundation, the Wikimedia Commons, and the individual volunteer workers who participate on the various projects supported by the Foundation.

Like Coetzee, Ryan Kaldari is a volunteer worker who does not represent Wikipedia or the Wikimedia Commons. (Such representation is impossible. Both Wikipedia and the Commons are endeavours supported by the Wikimedia Foundation, and not organizations in themselves.) Nor, again like Coetzee, does he represent the Wikimedia Foundation.

Kaldari states that he explained the free content mandate to Bailey. Bailey had, according to copies of his messages provided by Kaldari, offered content to Wikipedia (naming as an example the photograph of John Opie‘s 1797 portrait of Mary Wollstonecraft, whose copyright term has since expired) but on condition that it not be free content, but would be subject to restrictions on its distribution that would have made it impossible to use by any of the many organizations that make use of Wikipedia articles and the Commons repository, in the way that their site-wide “usable by anyone” licences ensures.

The proposed restrictions would have also made it impossible to host the images on Wikimedia Commons. The image of the National Portrait Gallery in this article, above, is one such free content image; it was provided and uploaded to the Wikimedia Commons under the terms of the GNU Free Documentation Licence, and is thus able to be used and republished not only on Wikipedia but also on Wikinews, on other Wikimedia Foundation projects, as well as by anyone in the world, subject to the terms of the GFDL, a license that guarantees attribution is provided to the creators of the image.

As Commons has grown, many other organizations have come to different arrangements with volunteers who work at the Wikimedia Commons and at Wikipedia. For example, in February 2009, fifteen international museums including the Brooklyn Museum and the Victoria and Albert Museum established a month-long competition where users were invited to visit in small teams and take high quality photographs of their non-copyright paintings and other exhibits, for upload to Wikimedia Commons and similar websites (with restrictions as to equipment, required in order to conserve the exhibits), as part of the “Wikipedia Loves Art” contest.

Approached for comment by Wikinews, Jim Killock, the executive director of the Open Rights Group, said “It’s pretty clear that these images themselves should be in the public domain. There is a clear public interest in making sure paintings and other works are usable by anyone once their term of copyright expires. This is what US courts have recognised, whatever the situation in UK law.”

The Digital Britain report, issued by the U.K.’s Department for Culture, Media, and Sport in June 2009, stated that “Public cultural institutions like Tate, the Royal Opera House, the RSC, the Film Council and many other museums, libraries, archives and galleries around the country now reach a wider public online.” Culture minster Ben Bradshaw was also approached by Wikinews for comment on the public policy issues surrounding the on-line availability of works in the public domain held in galleries, re-raised by the NPG’s threat of legal action, but had not responded by publication time.

Retrieved from “https://en.wikinews.org/w/index.php?title=U.K._National_Portrait_Gallery_threatens_U.S._citizen_with_legal_action_over_Wikimedia_images&oldid=4379037”

Adam Folkard and Nick Norton ready for more men’s softball

Monday, March 19, 2012Hawker, Canberra — Coming off a national championship win for the Australian Capital Territory (ACT) men’s open team in mid-February, Australia men’s national softball team representatives Nick Norton and Adam Folkard are getting ready for more softball later this year, including the Australian club championships to be held in Brisbane in June.

Folkard and Norton have both won the World Championships and have each won a total of ten national championships with the ACT side. They are both named to the current men’s national team, which has roughly thirty players, and believe they are likely to survive the December cut down to eighteen players who will represent Australia at next year’s World Championship in Auckland, New Zealand.

The World Championship is one of the two most prestigious available to male softball players. The other is the International Softball Congress, an event Folkard and Norton have both competed at.

As national team representatives, there are a lot of expectations for them. In Australia, there is almost no financial support for the men’s game so they must cover most of their own costs, including travel to and from international competitions. According to Folkard’s father, these costs can be prohibitive. In one year, when Folkard was a representative on the men’s U18, U23 and Open team, it cost A$15,000 for travel and other expenses just for Folkard. When costs for bringing family members such as Folkard’s sisters to major international tournaments, the costs were even higher. Folkard, his father and Norton all joked this cost his father an investment property to allow Folkard to continue to compete at the highest level. Both Folkard and Norton currently work as tradesmen to support softball playing.

Beyond money, the national team requires players to be actively involved in wider softball community. Players must represent a club at the club championships in Brisbane if they want to retain a spot in the squad. Folkard plays for a Western Australian club and Norton plays for a Sydney based club, driving down from Canberra to play every Sunday during the season.

Folkard and Norton have both played softball at the highest level in the United States, where the men’s game is not yet fully professionalized but still presents more opportunities for players than are available at home. For several years, Folkard has gone to the United States for three-month stints, playing for teams in Chicago, Pennsylvania, and New York. One side he played was sponsored by Ernst and Young. Folkard currently plays for a Canadian side and has been trying to convince Norton, whom he has grown up playing softball with, to join him like Norton has done one previous season. According to Folkard, playing with a North American club has certain advantages. The clubs pay for his travel to and from Australia, and pay for Championship rings. When asked how North American clubs sign Australian players, he said they follow men’s softball in Australia and call up players to offer contracts. Australian men’s players gain additional exposure to potential clubs when they compete, with some sides approaching them during the North American season and seeking to contract them for the following season.

Both men would love the opportunity to play softball in the Olympics, but believe such an opportunity is unlikely. According to them, softball at the Olympics is a women’s game intrinsically linked to men’s baseball, and men’s softball is unlikely to ever be considered on the programme as a result.

Folkard and Norton both play for the same club in the ACT territory club competition. Their team has secured a grand final berth for the match in ten days. They are waiting to find out who they will play against based on a match this weekend. Both have previously won this competition.

Retrieved from “https://en.wikinews.org/w/index.php?title=Adam_Folkard_and_Nick_Norton_ready_for_more_men%27s_softball&oldid=4520243”

US Republicans query Linux Foundation about open-source security

Wednesday, April 4, 2018

On Monday, two US Republican Party legislators, Greg Walden and Frank Pallone Jr., respectively the chairman and the ranking member of the United States House Committee on Energy and Commerce, co-wrote a public letter to Jim Zemlin, executive director of The Linux Foundation, about open-source software (OSS) and improving its security. They requested Zemlin to answer their questions by no later than April 16.

The letter contained the following four questions; each of the first two has a further two follow-up questions.

  1. Has the CII [Core Infrastructure Initiative] performed a comprehensive study of which pieces of OSS are most crucial to the “global information infrastructure”?
    1. If not, does the CII plan to perform such a study?
    2. What would the CII need in order to do so?
  2. Has the CII, or any other organizations, compiled any statistics on OSS usage?
    1. If not, does the CII plan to perform such a study?
    2. What would the CII need in order to do so?
  3. In your estimation, how sustainable and stable is the OSS ecosystem?
  4. Based on your response to the previous question, how can the OSS ecosystem be made more sustainable and stable?

Walden and Pallone exemplified Heartbleed, a “critical cybersecurity vulnerability” that allowed the hacking of websites and passwords, and millions of medical records in 2014. They also wrote that, in response to that vulnerability, The Linux Foundation established a multi-million dollar project, the Core Infrastructure Initiative, intended to improve the global infrastucture of such software.

The politicians noted large tech companies like Microsoft, Apple Inc., and Adobe Systems respond more quickly to such critical vulnerabilities than distributors and developers of open-source software.

Open-source software is “publicly accessible” and usually freely-licensed for a wide range of use, such as modification and commercial uses. Walden and Pallone also expressed praise toward open-source software and cited a 2015 survey conducted by Black Duck Software saying 78% of companies used such software.

Retrieved from “https://en.wikinews.org/w/index.php?title=US_Republicans_query_Linux_Foundation_about_open-source_security&oldid=4596090”

Three law enforcement officers shot, one dead along with suspect, in St. Louis, Missouri standoff

Wednesday, March 9, 2011

Two US Marshals and one officer of the St. Louis, Missouri Metropolitan Police Department were shot during a gunfight while trying to apprehend a suspect on Tuesday morning. All three were taken to local hospitals for treatment, where one US Marshal later died. The suspect, identified by his family as 35-year-old Carlos Boles, was shot and killed by authorities returning fire.

Eight law enforcement officials arrived at Bole’s St. Louis, Missouri home to serve a felony arrest warrant. Upon entering the house, they were fired at with a semi-automatic firearm, according to ABC News. The shooter reportedly said, “I’m only going out in a body bag.” After the shootings occurred, a SWAT team was requested because police did not know whether any other individuals were in the home. Three children, belonging to Bole’s sister, had left the home before police initially moved in around 6:50 a.m. CST (12:50 UTC).

The wounded officer of the St. Louis Police Department was taken to Barnes-Jewish Hospital after being grazed by a bullet that was stopped by his bulletproof vest, and then falling down. A spokesperson for the police department described the officer, who had been with the department for 34 years, as responsive and communicating.

The two injured marshals were taken to St. Louis University Hospital. A statement released by the US Marshals Service said one of the marshals, 48-year-old Deputy Marshal John Perry had died around 7:00 pm CST (01:00 UTC) after being shot in the head. Perry was a ten-year veteran of the US Marshals Service. The other US Marshal, 31-year-old Theodore Abegg, was reported to be in fair condition, shot in the ankle and is expected to survive. Francis Slay, Mayor of St. Louis, talked to the victims’ families at the hospital.

“Our deputies and law enforcement partners face danger every day in the pursuit of justice for the citizens of this great nation,” said Director Stacia A. Hylton of the US Marshals Service. “Our people and our partners are well trained and prepared, but it is impossible to predict when a wanted individual will make a fateful choice that results in the loss of life or injury. When that happens, and the life lost is a law enforcement officer or other public servant, it is an immeasurable tragedy felt by all. Today, unfortunately, we again feel that pain. Our thoughts and prayers are with our fallen deputy as well as the injured and their families.”

The suspect’s sister said he was not returning to jail, in which he had already served ten years. In December, records show Boles pleaded guilty to burglary, armed criminal action and assault charges. He was living in the 3100 block of Osage Street in the St. Louis suburb of Dutchtown. Boles was wanted for assault on a law enforcement officer in the second degree, three counts of possession of a controlled substance, and resisting arrest. The FBI is now conducting the investigation, per standard procedure.

Retrieved from “https://en.wikinews.org/w/index.php?title=Three_law_enforcement_officers_shot,_one_dead_along_with_suspect,_in_St._Louis,_Missouri_standoff&oldid=1194949”

Cambridge Planning Board approves new science building at Harvard

Monday, February 28, 2005

Cambridge, Massachusetts —The planning board of Cambridge, Massachusetts voted in unanimous approval of Harvard University‘s plan to build a 410,000 ft² (38 090 m²) science center at 24 Oxford Street, according to the local newspapers, the Harvard Crimson and the Cambridge Chronicle. More than half of the space in the building will be constructed underground.

The Northwest Science Building, as it will be called, will house the laboratories of roughly 30 Harvard science faculty members, as well as a chilled water plant and an electrical substation. The building was designed by Craig Hartman, an architect in the San Francisco office of Skidmore, Owings and Merrill, who also completed Harvard University Master Plan in 2002, according to the firm’s website. Skidmore, Owings, and Merrill also designed such notable buildings as Chicago‘s Sears Tower and the recently completed international terminal at the San Francisco airport.

The vote to approve the plan occurred at the February 15, 2005, meeting of the Cambridge Planning Board at the City Hall Annex, 344 Massachusetts Avenue in Cambridge. In what the Harvard Crimson called a “departure from the norm,” there were no comments from residents at the hearing. The Crimson reported that the Harvard officials at the meeting took this as “a signal that the community was well-informed about the project prior to the presentation.” The sign advertising the hearing can be seen at right.

In related news, the Director of Urban Design for Skidmore, Owings, and Merrill’s New York office, Vishaan Chakrabarti, will be speaking at the Harvard Graduate School of Design on March 1, 2005.

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Number of private contractors killed in Iraq and Afghanistan passes 1,000

Wednesday, July 4, 2007

The U.S. Department of Labor has released data showing that more than 1,000 private military contractors have been killed in Iraq and Afghanistan, in response to a Freedom of Information request filed by Reuters.

The number is based on insurance claims filed on behalf of contractors that had been killed, and includes both U.S. and foreign contractors.

As of March 2007, an additional 10,569 contractors have been wounded in Iraq and 2,428 in Afghanistan.

There are disputes about the exact number of contractors in Iraq, but it is estimated to be between 130,000 and 180,000 U.S.-paid private military contractors, compared to 157,000 U.S. military personnel.

Despite beliefs that the contractors all belong to large military-oriented groups such as the British intelligence firm Aegis or Blackwater USA which has been labelled “mercenaries”, the jobs of contractors killed have been as varied as electrical engineer Ronald Schulz, translator Kim Sun-il and truck driver Murat Yuce.

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Wikinews interviews 2020 Melbourne Lord Mayor Candidate Wayne Tseng

This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.

Thursday, October 22, 2020

2020 Melbourne Lord Mayor candidate Wayne Tseng answered some questions about his campaign for the upcoming election from Wikinews. The Lord Mayor election in the Australian city is scheduled to take place this week.

Tseng runs a firm called eTranslate, which helps software developers to make the software available to the users. In the candidate’s questionnaire, Tseng said eTranslate had led to him working with all three tiers of the government. He previously belonged to the Australian Liberal Party, but has left since then, to run for mayorship as an independent candidate.

Tseng is of Chinese descent, having moved to Australia with his parents from Vietnam. Graduated in Brisbane, Tseng received his PhD in Melbourne and has been living in the city, he told Wikinews. Tseng also formed Chinese Precinct Chamber of Commerce, an organisation responsible for many “community bond building initiatives”, the Lord Mayor candidate told Wikinews.

Tseng discussed his plans for leading Melbourne, recovering from COVID-19, and “Democracy 2.0” to ensure concerns of minorities in the city were also heard. Tseng also focused on the importance of the multi-culture aspect and talked about making Melbourne the capital of the aboriginals. Tseng also explained why he thinks Melbourne is poised to be a world city by 2030.

Tseng’s deputy Lord Mayor candidate Gricol Yang is a Commercial Banker and works for ANZ Banking Group.

Currently, Sally Capp is the Lord Mayor of Melbourne, the Victorian capital. Capp was elected as an interim Lord Mayor in mid-2018 after the former Lord Mayor Robert Doyle resigned from his position after sexual assault allegations. Doyle served as the Lord Mayor of Melbourne for almost a decade since 2008.

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Law center helps defend open source

Wednesday, February 2, 2005

Eben Moglen, Columbia University Law Professor, will head the newSoftware Freedom Law Center (SFLC). An initial 4 million dollars has been provided by Open Source Development Labs (OSDL) to fund the project.

The law center will provide free legal service for open source projects and developers. In 2004 OSDL established a separate $10 million Linux Legal Defense Fund providing legal support for Linus Torvalds, Linux kernel creator and end user companies subjected to Linux-related litigation by the SCO Group. The new law center will not be affiliated with the OSDL.

“This is about taking care of the goose that laid the golden egg and not letting wolves come in the middle of the night and steal it away,” Moglen said during a press conference. “This is a legal firm not involved so much in litigating and defending as it will be for counseling and advising and nurturing non-profits and to prevent millions of dollars in litigation.”

Moglen will serve as chairman and director-counsel of the non-profit organization. Also on board as directors are: Lawrence Lessig, law professor at Stanford Law School; Daniel Weitzner, director of the World Wide Web Consortium‘s technology and society activities; and Diane Peters, general counsel at the OSDL. Daniel Ravicher, executive director of the Public Patent Foundation, will help manage as legal director.

Moglen, one of the world.s leading experts on copyright law as applied to software, will run the new Law Center from its headquarters in New York City. The Law Center will initially have two full-time intellectual property attorneys on staff and expects to expand to four attorneys later this year. Initial clients for the Law Center include the Free Software Foundation and the Samba Project.

Other services provided by the SFLC include: asset stewardship, to avoid intellectual property claim conflict; license review and compatibility analysis; legal consulting and lawyer training.

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SAHTECH, SEMI, and Semiconductor Industry to promote “SEMI Safety Guideline” in Taiwan

Wednesday, April 2, 2008

“Localization of ‘SEMI Safety Guideline'”, executed by Safety and Health Technology Center of Taiwan (SAHTECH) and supervised by Semiconductor Equipment and Materials International (SEMI), was announced today in Hsinchu, Taiwan.

This localization included several fields on health and safety of semiconductor manufacturing, certification testing on electrical devices, evaluations on fire or natural diseases, and environmental issues on semiconductor manufacturing devices, etc.. Companies and manufacturers from the semiconductor industry also paid more attentions on this guideline because issues on carbon-savings, earthquakes, fire diseases, and environment-efficiencies were included into this guideline.

This [safety] guideline was originally promoted by SEMI since 1975 and was set up according to industry infrastructures in Europe, America, Korea, Japan, and Taiwan. Currently, its standards from the S1 to S25 was completely ruled by several world-class executives in semiconductor industry, and the S26 standard for FPD industry, proposed in Taiwan, was also in several arrangements with the other countries.
The semiconductor industry is a high-value industry in every country. If a fabrication plant (fab) was vandalized with fire or earthquake, how will a company decrease its lossless after a disease? As of some examples from the other countries, several companies didn’t pay more attentions on devices’ safety and finally got a damn trouble on counting lossless after a disease. By the way, voltages on electric using will take effect on energy especially the wasting of CO2. We [the semiconductor industry in Taiwan] hope this announcement will drive on global safety standards.
Generally, the designs of a fab will take effect on possibilities when a disease take place in, and its scale will chain much wasting on manufacturing devices and materials. For example, when using fluorine in a fab, a company would consider using a gas tank car rather than a steel bottle. But due to environment and carbon-saving issues, some evaluations should be tested in a fab.

On the other side of the incoming trade show of 2008 SecuTech Expo, scheduled after 2 weeks at Taipei World Trade Center, not only main fields on security devices, information security, and fire & disease preventions, the digital monitoring will be a hot topic in security industry. For applications on fire & disease preventions, because its issues contained industrial applications and ESH (Environmental, Safety & Health) managements, if a company want to decrease the ratio of fire disease or earthquake, companies from safety and related industries should pay more attentions on disease preventions.

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