Sunday, July 24, 2005

The president of Inter Milan, Giacinto Facchetti, announced that the Italian football club will tour England after all. Yesterday, Inter announced that they intended to cancel the tour due to safety concerns. Giancarlo Aragona, Italy’s ambassador to Britain, confirmed that tour is back on.

Inter will play friendlies against Crystal Palace, Leicester City, Portsmouth, and Norwich City between 25 July and 31 July. According to Leicester City’s official website, Inter have described the commotion over the cancellation as a “misunderstanding”.

Inter will arrive in England today.

Tuesday, July 14, 2009

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.

Monday, October 15, 2007

Sam Brownback is perplexed. The U.S. Senator from Kansas and Presidential candidate is a Republican whose politics—he is against marriage for gay people, he is against abortion, and he has a clean image in a party tainted by scandal—should speak favorably to the party’s base. But it has not. “I’m baffled by that myself,” Senator Brownback told Wikinews reporter David Shankbone. “We haven’t been able to raise money.”

A recent poll in Iowa has put him in eighth place, with 2% supporting his campaign. “If we don’t finish fourth or better in Iowa…we’ll pull out.”

Senator Brownback’s relationship with God infuses almost every answer you find below. Although he doesn’t feel “competent” to explain why God would dislike gays, he does feel strongly that allowing two men or two women to enter into the union of marriage will destroy it for heterosexuals. Pointing to the research of Stanley Kurtz at the Hoover Institution, Brownback asserts that Northern Europeans have “taken the sacredness out of the institution.”

In the interview, Senator Brownback discusses the tug-and-pull that befalls him when his constituents show up at his office and say, “Look, I’m a conservative, but we need this bridge, we need this subsidy, we need this hospital.” Brownback feels this spending system needs to be changed; however, when it comes to energy policy, Brownback is there for his constituents. David Shankbone asked the Kansas Senator, a supporter of cellulosic ethanol, why he doesn’t support the lowering of tariffs on sugar since sugar ethanol delivers 8 times the energy output of cellulosic ethanol. Brazil, in particular, has become energy independent because of its sugar ethanol program. It’s cheaper to produce, and there is vastly more bang for the buck in sugar fuel than in corn fuel; an entire country no longer needs to import oil because of it. Federal tariffs currently make sugar ethanol too expensive in the United States. “You’re going to kill the ethanol industry here just as it gets going,” was Senator Brownback’s response. However, there is a debate over whether the process to make corn ethanol uses more energy than the ethanol itself produces.

Below is David Shankbone’s interview with Senator Sam Brownback.

Thursday, December 24, 2009

Two people have been killed and 47 people have been injured as the result of a coach crash in Cornwall, England. The vehicle, which was carrying 48 passengers as well as the driver, were travelling back from a journey to the village of Mousehole to see Christmas lights. The accident occurred at 2215 GMT yesterday in the village of Townshend, not far from the town of Hayle. Road conditions at the time were icy, which may explain why the accident occurred. The first police car that arrived at the scene lost control on the icy road and crashed into the already overturned coach. The two officers in the car were uninjured, however the earlier crash had caused the deaths of two women. One of them died at the scene of the accident and the other was later killed as a result of the injuries suffered. 47 people were injured, five of them seriously.

The sequence of events that is believed to have happened, according to Devon and Cornwall Constabulary, is that the coach went off the road, collided with a tree, going through a hedge before finally overturning, causing the vehicle to end up on its side. 60-year-old Ann Ellis, who comes from the village of Illogan in Cornwall, was physically involved in the crash. Desribing her experience of this incident, she said: “All I can remember is a big bang and we just went over. I got trapped under somebody else and there was someone on top of me. It was difficult to breathe but two gentlemen dragged me out. I was shaken, really shaken. I think we all were. It was horrific.”

Derek Smith, lives near where the accident occurred. He said that “[w]e were just going to bed when we heard a knock on the kitchen door. She was covered in mud and had no shoes or socks on and was shaking as she stood there. I could hear this commotion going on.

She said to ring the police and ambulance as their coach had turned over and there were 50 people in it and some of them were injured. My wife rang 999 and the lady was in a real panic. We gave her some socks and boots straightaway because she was freezing as she had nothing on her feet.”

75-year-old Charles Parker, who is living in St. Agnes in the county, was also injured in the accident, suffering injuries to his leg and his head. “The roads were so icy,” he explained. “I heard a cracking noise and all of a sudden we had turned over. I remember later being helped out of the coach through a window. We were close to a house and they took most of the people in there. Then helicopters turned up. It was very frightening.”

Inspector Matthew Shaw, who comes from Devon and Cornwall Constabulary, explained “[i]t seems from initial investigations that the coach has slipped on ice. The road is covered in a sheet of ice, it’s treacherous, it’s difficult to even walk down there.” The amount of time taken to transport the injured passengers to a hospital was four hours.

Sunday, February 13, 2005

New York –”Buy cheap Viagra through us – no prescription required!” Anyone with an active email account will recognize lines like this one. According to some reports, unsolicited advertisements (spam) for Viagra and similar drugs account for one in four spam messages.

Ever since pharmaceutical giant Pfizer promised to cure erectile dysfunction once and for all with its blue pills containing the drug sildenafil citrate, spammers have tried to tap into male anxiety by offering prescription-free sales of unapproved “generic” Viagra and clones such as Cialis soft tabs. Legislation like the U.S. CAN-SPAM act has done little to stem the tide of email advertising the products.

Now Pfizer has entered a pledge with Microsoft Corporation, the world’s largest software company, to address the problem. The joint effort will focus on lawsuits against spammers as well as the companies they advertise. “Pfizer is joining with Microsoft on these actions as part of our shared pledge to reduce the sale of these products and to fight the senders of unsolicited e-mail that overwhelms people’s inboxes,” said Jeff Kindler, executive vice president at Pfizer.

Microsoft has filed civil actions against spammers advertising the websites CanadianPharmacy and E-Pharmacy Direct. Pfizer has filed lawsuits against the two companies, and has taken actions against websites which use the word “Viagra” in their domain names. Sales of controlled drugs from Canadian pharmacies to the United States are illegal, but most drugs sold in Canada have nevertheless undergone testing by the U.S. Food and Drug Administration. This is not the case for many of the Viagra clones sold by Internet companies and manufactured in countries like China and India. While it was not clear that CanadianPharmacy was actually shipping drugs from Canada, Pfizer’s general counsel, Beth Levine, claimed that the company filled orders using a call center in Montreal, reported the Toronto Star.

For Microsoft’s part, they allege that the joint effort with Pfizer is part of their “multi-pronged attack on the barrage of spam.” As the creator of the popular email program Outlook, Microsoft has been criticized in the past for the product’s spam filtering process. Recently, Microsoft added anti-spam measures to its popular Exchange server. Exchange 2003 now includes support for accessing so-called real-time block lists, or RTBLs. An RTBL is a list of the IP addresses maintained by a third party; the addresses on the list are those of mailservers thought to have sent spam recently. Exchange 2003 can query the list for each message it receives.

Saturday, April 23, 2011

Apple Inc.’s iPhone and iPad periodically send location information back to the company, according to new reports. The data is transmitted to a secure database that only it can access, Apple claims.

Bruce Sewell, an attorney for Apple, sent a letter to two US Representatives last year, discussing the company’s data collection techniques and policies. The thirteen-page letter states that location information is recorded and sent to Apple every twelve hours, but only if the user enables the device’s location settings.

Apple began building a location database of its own when it decided to stop using similar services offered by Google & SkyHook Wireless. Location data is used in social networking applications and call routing.

In a statement to the Associated Press, Democratic Massachusetts Representative Edward Markey said, “Apple needs to safeguard the personal location information of its users to ensure that an iPhone doesn’t become an iTrack.”

Such data collection is not unique to Apple. Google’s Android operating system uses similar technology to provide location-based services to its users. Google has said that it also uses the data collected to provide accurate traffic data through its “Maps” applications on both Apple and Android devices. However, the company declined to comment on the latest findings regarding its data collection.

Apple was also recently in the spotlight after it was discovered that the iPhone and iPad were retaining location data on the device itself. This information is collected in an unencrypted file and is not transmitted elsewhere. The data file reportedly contains a variety of information, including longitude and latitude, cell phone tower identification data, wireless hotspot identification, and timestamps.

[edit]

Thursday, April 28, 2005

Monday, December 11, 2006

On December 7, BBC News reported a story about Dr James Anderson, a teacher in the Computer Science department at the University of Reading in the United Kingdom. In the report it was stated that Anderson had “solved a very important problem” that was 1200 years old, the problem of division by zero. According to the BBC, Anderson had created a new number, that he had named “nullity”, that lay outside of the real number line. Anderson terms this number a “transreal number”, and denotes it with the Greek letter ? {\displaystyle \Phi } . He had taught this number to pupils at Highdown School, in Emmer Green, Reading.

The BBC report provoked many reactions from mathematicians and others.

In reaction to the story, Mark C. Chu-Carroll, a computer scientist and researcher, posted a web log entry describing Anderson as an “idiot math teacher”, and describing the BBC’s story as “absolutely infuriating” and a story that “does an excellent job of demonstrating what total innumerate idiots reporters are”. Chu-Carroll stated that there was, in fact, no actual problem to be solved in the first place. “There is no number that meaningfully expresses the concept of what it means to divide by zero.”, he wrote, stating that all that Anderson had done was “assign a name to the concept of ‘not a number'”, something which was “not new” in that the IEEE floating-point standard, which describes how computers represent floating-point numbers, had included a concept of “not a number”, termed “NaN“, since 1985. Chu-Carroll further continued:

“Basically, he’s defined a non-solution to a non-problem. And by teaching it to his students, he’s doing them a great disservice. They’re going to leave his class believing that he’s a great genius who’s solved a supposed fundamental problem of math, and believing in this silly nullity thing as a valid mathematical concept.

“It’s not like there isn’t already enough stuff in basic math for kids to learn; there’s no excuse for taking advantage of a passive audience to shove this nonsense down their throats as an exercise in self-aggrandizement.

“To make matters worse, this idiot is a computer science professor! No one who’s studied CS should be able to get away with believing that re-inventing the concept of NaN is something noteworthy or profound; and no one who’s studied CS should think that defining meaningless values can somehow magically make invalid computations produce meaningful results. I’m ashamed for my field.”

There have been a wide range of other reactions from other people to the BBC news story. Comments range from the humorous and the ironic, such as the B1FF-style observation that “DIVIDION^[sic] BY ZERO IS IMPOSSIBLE BECAUSE MY CALCULATOR SAYS SO AND IT IS THE TRUTH” and the Chuck Norris Fact that “Only Chuck Norris can divide by zero.” (to which another reader replied “Chuck Norris just looks at zero, and it divides itself.”); through vigourous defences of Dr Anderson, with several people quoting the lyrics to Ira Gershwin‘s song “They All Laughed (At Christopher Columbus)”; to detailed mathematical discussions of Anderson’s proposed axioms of transfinite numbers.

Several readers have commented that they consider this to have damaged the reputation of the Computer Science department, and even the reputation of the University of Reading as a whole. “By publishing his childish nonsense the BBC actively harms the reputation of Reading University.” wrote one reader. “Looking forward to seeing Reading University maths application plummit.” wrote another. “Ignore all research papers from the University of Reading.” wrote a third. “I’m not sure why you refer to Reading as a ‘university’. This is a place the BBC reports as closing down its physics department because it’s too hard. Lecturers at Reading should stick to folk dancing and knitting, leaving academic subjects to grown ups.” wrote a fourth. Steve Kramarsky lamented that Dr Anderson is not from the “University of ‘Rithmetic“.

Several readers criticised the journalists at the BBC who ran the story for not apparently contacting any mathematicians about Dr Anderson’s idea. “Journalists are meant to check facts, not just accept whatever they are told by a self-interested third party and publish it without question.” wrote one reader on the BBC’s web site. However, on Slashdot another reader countered “The report is from Berkshire local news. Berkshire! Do you really expect a local news team to have a maths specialist? Finding a newsworthy story in Berkshire probably isn’t that easy, so local journalists have to cover any piece of fluff that comes up. Your attitude to the journalist should be sympathy, not scorn.”

Ben Goldacre, author of the Bad Science column in The Guardian, wrote on his web log that “what is odd is a reporter, editor, producer, newsroom, team, cameraman, soundman, TV channel, web editor, web copy writer, and so on, all thinking it’s a good idea to cover a brilliant new scientific breakthrough whilst clearly knowing nothing about the context. Maths isn’t that hard, you could even make a call to a mathematician about it.”, continuing that “it’s all very well for the BBC to think they’re being balanced and clever getting Dr Anderson back in to answer queries about his theory on Tuesday, but that rather skips the issue, and shines the spotlight quite unfairly on him (he looks like a very alright bloke to me).”.

From reading comments on his own web log as well as elsewhere, Goldacre concluded that he thought that “a lot of people might feel it’s reporter Ben Moore, and the rest of his doubtless extensive team, the people who drove the story, who we’d want to see answering the questions from the mathematicians.”.

Andrej Bauer, a professional mathematician from Slovenia writing on the Bad Science web log, stated that “whoever reported on this failed to call a university professor to check whether it was really new. Any university professor would have told this reporter that there are many ways of dealing with division by zero, and that Mr. Anderson’s was just one of known ones.”

Ollie Williams, one of the BBC Radio Berkshire reporters who wrote the BBC story, initially stated that “It seems odd to me that his theory would get as far as television if it’s so easily blown out of the water by visitors to our site, so there must be something more to it.” and directly responded to criticisms of BBC journalism on several points on his web log.

He pointed out that people should remember that his target audience was local people in Berkshire with no mathematical knowledge, and that he was “not writing for a global audience of mathematicians”. “Some people have had a go at Dr Anderson for using simplified terminology too,” he continued, “but he knows we’re playing to a mainstream audience, and at the time we filmed him, he was showing his theory to a class of schoolchildren. Those circumstances were never going to breed an in-depth half-hour scientific discussion, and none of our regular readers would want that.”.

On the matter of fact checking, he replied that “if you only want us to report scientific news once it’s appeared, peer-reviewed, in a recognised journal, it’s going to be very dry, and it probably won’t be news.”, adding that “It’s not for the BBC to become a journal of mathematics — that’s the job of journals of mathematics. It’s for the BBC to provide lively science reporting that engages and involves people. And if you look at the original page, you’ll find a list as long as your arm of engaged and involved people.”.

Williams pointed out that “We did not present Dr Anderson’s theory as gospel, although with hindsight it could have been made clearer that this is very much a theory and by no means universally accepted. But we certainly weren’t shouting a mathematical revolution from the rooftops. Dr Anderson has, in one or two places, been chastised for coming to the media with his theory instead of his peers — a sure sign of a quack, boffin and/or crank according to one blogger. Actually, one of our reporters happened to meet him during a demonstration against the closure of the university’s physics department a couple of weeks ago, got chatting, and discovered Dr Anderson reckoned he was onto something. He certainly didn’t break the door down looking for media coverage.”.

Some commentators, at the BBC web page and at Slashdot, have attempted serious mathematical descriptions of what Anderson has done, and subjected it to analysis. One description was that Anderson has taken the field of real numbers and given it complete closure so that all six of the common arithmetic operators were surjective functions, resulting in “an object which is barely a commutative ring (with operators with tons of funky corner cases)” and no actual gain “in terms of new theorems or strong relation statements from the extra axioms he has to tack on”.

Jamie Sawyer, a mathematics undergraduate at the University of Warwick writing in the Warwick Maths Society discussion forum, describes what Anderson has done as deciding that R ? { ? ? , + ? } {\displaystyle \mathbb {R} \cup \lbrace -\infty ,+\infty \rbrace } , the so-called extended real number line, is “not good enough […] because of the wonderful issue of what 0 0 {\displaystyle {\frac {0}{0}}} is equal to” and therefore creating a number system R ? { ? ? , ? , + ? } {\displaystyle \mathbb {R} \cup \lbrace -\infty ,\Phi ,+\infty \rbrace } .

Andrej Bauer stated that Anderson’s axioms of transreal arithmetic “are far from being original. First, you can adjoin + ? {\displaystyle +\infty } and ? ? {\displaystyle -\infty } to obtain something called the extended real line. Then you can adjoin a bottom element to represent an undefined value. This is all standard and quite old. In fact, it is well known in domain theory, which deals with how to represent things we compute with, that adjoining just bottom to the reals is not a good idea. It is better to adjoin many so-called partial elements, which denote approximations to reals. Bottom is then just the trivial approximation which means something like ‘any real’ or ‘undefined real’.”

Commentators have pointed out that in the field of mathematical analysis, 0 0 {\displaystyle {\frac {0}{0}}} (which Anderson has defined axiomatically to be ? {\displaystyle \Phi } ) is the limit of several functions, each of which tends to a different value at its limit:

• lim x ? 0 x 0 {\displaystyle \lim _{x\to 0}{\frac {x}{0}}} has two different limits, depending from whether x {\displaystyle x} approaches zero from a positive or from a negative direction.
• lim x ? 0 0 x {\displaystyle \lim _{x\to 0}{\frac {0}{x}}} also has two different limits. (This is the argument that commentators gave. In fact, 0 x {\displaystyle {\frac {0}{x}}} has the value 0 {\displaystyle 0} for all x ? 0 {\displaystyle x\neq 0} , and thus only one limit. It is simply discontinuous for x = 0 {\displaystyle x=0} . However, that limit is different to the two limits for lim x ? 0 x 0 {\displaystyle \lim _{x\to 0}{\frac {x}{0}}} , supporting the commentators’ main point that the values of the various limits are all different.)
• Whilst sin ? 0 = 0 {\displaystyle \sin 0=0} , the limit lim x ? 0 sin ? x x {\displaystyle \lim _{x\to 0}{\frac {\sin x}{x}}} can be shown to be 1, by expanding the sine function as an infinite Taylor series, dividing the series by x {\displaystyle x} , and then taking the limit of the result, which is 1.
• Whilst 1 ? cos ? 0 = 0 {\displaystyle 1-\cos 0=0} , the limit lim x ? 0 1 ? cos ? x x {\displaystyle \lim _{x\to 0}{\frac {1-\cos x}{x}}} can be shown to be 0, by expanding the cosine function as an infinite Taylor series, dividing the series subtracted from 1 by x {\displaystyle x} , and then taking the limit of the result, which is 0.

Commentators have also noted l’Hôpital’s rule.

It has been pointed out that Anderson’s set of transreal numbers is not, unlike the set of real numbers, a mathematical field. Simon Tatham, author of PuTTY, stated that Anderson’s system “doesn’t even think about the field axioms: addition is no longer invertible, multiplication isn’t invertible on nullity or infinity (or zero, but that’s expected!). So if you’re working in the transreals or transrationals, you can’t do simple algebraic transformations such as cancelling x {\displaystyle x} and ? x {\displaystyle -x} when both occur in the same expression, because that transformation becomes invalid if x {\displaystyle x} is nullity or infinity. So even the simplest exercises of ordinary algebra spew off a constant stream of ‘unless x is nullity’ special cases which you have to deal with separately — in much the same way that the occasional division spews off an ‘unless x is zero’ special case, only much more often.”

Tatham stated that “It’s telling that this monstrosity has been dreamed up by a computer scientist: persistent error indicators and universal absorbing states can often be good computer science, but he’s stepped way outside his field of competence if he thinks that that also makes them good maths.”, continuing that Anderson has “also totally missed the point when he tries to compute things like 0 0 {\displaystyle 0^{0}} using his arithmetic. The reason why things like that are generally considered to be ill-defined is not because of a lack of facile ‘proofs’ showing them to have one value or another; it’s because of a surfeit of such ‘proofs’ all of which disagree! Adding another one does not (as he appears to believe) solve any problem at all.” (In other words: 0 0 {\displaystyle 0^{0}} is what is known in mathematical analysis as an indeterminate form.)

To many observers, it appears that Anderson has done nothing more than re-invent the idea of “NaN“, a special value that computers have been using in floating-point calculations to represent undefined results for over two decades. In the various international standards for computing, including the IEEE floating-point standard and IBM’s standard for decimal arithmetic, a division of any non-zero number by zero results in one of two special infinity values, “+Inf” or “-Inf”, the sign of the infinity determined by the signs of the two operands (Negative zero exists in floating-point representations.); and a division of zero by zero results in NaN.

Anderson himself denies that he has re-invented NaN, and in fact claims that there are problems with NaN that are not shared by nullity. According to Anderson, “mathematical arithmetic is sociologically invalid” and IEEE floating-point arithmetic, with NaN, is also faulty. In one of his papers on a “perspex machine” dealing with “The Axioms of Transreal Arithmetic” (Jamie Sawyer writes that he has “worries about something which appears to be named after a plastic” — “Perspex” being a trade name for polymethyl methacrylate in the U.K..) Anderson writes:

We cannot accept an arithmetic in which a number is not equal to itself (NaN != NaN), or in which there are three kinds of numbers: plain numbers, silent numbers, and signalling numbers; because, on writing such a number down, in daily discourse, we can not always distinguish which kind of number it is and, even if we adopt some notational convention to make the distinction clear, we cannot know how the signalling numbers are to be used in the absence of having the whole program and computer that computed them available. So whilst IEEE floating-point arithmetic is an improvement on real arithmetic, in so far as it is total, not partial, both arithmetics are invalid models of arithmetic.

In fact, the standard convention for distinguishing the two types of NaNs when writing them down can be seen in ISO/IEC 10967, another international standard for how computers deal with numbers, which uses “qNaN” for non-signalling (“quiet”) NaNs and “sNaN” for signalling NaNs. Anderson continues:

[NaN’s] semantics are not defined, except by a long list of special cases in the IEEE standard.

“In other words,” writes Scott Lamb, a BSc. in Computer Science from the University of Idaho, “they are defined, but he doesn’t like the definition.”.

The main difference between nullity and NaN, according to both Anderson and commentators, is that nullity compares equal to nullity, whereas NaN does not compare equal to NaN. Commentators have pointed out that in very short order this difference leads to contradictory results. They stated that it requires only a few lines of proof, for example, to demonstrate that in Anderson’s system of “transreal arithmetic” both 1 = 2 {\displaystyle 1=2} and 1 ? 2 {\displaystyle 1\neq 2} , after which, in one commentator’s words, one can “prove anything that you like”. In aiming to provide a complete system of arithmetic, by adding extra axioms defining the results of the division of zero by zero and of the consequent operations on that result, half as many again as the number of axioms of real-number arithmetic, Anderson has produced a self-contradictory system of arithmetic, in accordance with Gödel’s incompleteness theorems.

One reader-submitted comment appended to the BBC news article read “Step 1. Create solution 2. Create problem 3. PROFIT!”, an allusion to the business plan employed by the underpants gnomes of the comedy television series South Park. In fact, Anderson does plan to profit from nullity, having registered on the 27th of July, 2006 a private limited company named Transreal Computing Ltd, whose mission statement is “to develop hardware and software to bring you fast and safe computation that does not fail on division by zero” and to “promote education and training in transreal computing”. The company is currently “in the research and development phase prior to trading in hardware and software”.

In a presentation given to potential investors in his company at the ANGLE plc showcase on the 28th of November, 2006, held at the University of Reading, Anderson stated his aims for the company as being:

• To build a transreal computer.
• To derive Maxwell’s equations and classical gravitation in transreal numbers so that they have no naked singularities (infinities affecting a neighbourhood of space).
• To collaborate with anyone who wants to unify Quantum Electro-Dynamics with gravitation.

To investors, Anderson makes the following promises:

• “I will help you develop a curriculum for transreal arithmetic if you want me to.”
• “I will help you unify QED and gravitation if you want me to.”
• “I will build a transreal supercomputer.”

He asks potential investors:

• “How much would you pay to know that the engine in your ship, car, aeroplane, or heart pacemaker won’t just stop dead?”
• “How much would you pay to know that your Government’s computer controlled military hardware won’t just stop or misfire?”

The current models of computer arithmetic are, in fact, already designed to allow programmers to write programs that will continue in the event of a division by zero. The IEEE’s Frequently Asked Questions document for the floating-point standard gives this reply to the question “Why doesn’t division by zero (or overflow, or underflow) stop the program or trigger an error?”:

“The [IEEE] 754 model encourages robust programs. It is intended not only for numerical analysts but also for spreadsheet users, database systems, or even coffee pots. The propagation rules for NaNs and infinities allow inconsequential exceptions to vanish. Similarly, gradual underflow maintains error properties over a precision’s range.

“When exceptional situations need attention, they can be examined immediately via traps or at a convenient time via status flags. Traps can be used to stop a program, but unrecoverable situations are extremely rare. Simply stopping a program is not an option for embedded systems or network agents. More often, traps log diagnostic information or substitute valid results.”

Simon Tatham stated that there is a basic problem with Anderson’s ideas, and thus with the idea of building a transreal supercomputer: “It’s a category error. The Anderson transrationals and transreals are theoretical algebraic structures, capable of representing arbitrarily big and arbitrarily precise numbers. So the question of their error-propagation semantics is totally meaningless: you don’t use them for down-and-dirty error-prone real computation, you use them for proving theorems. If you want to use this sort of thing in a computer, you have to think up some concrete representation of Anderson transfoos in bits and bytes, which will (if only by the limits of available memory) be unable to encompass the entire range of the structure. And the point at which you make this transition from theoretical abstract algebra to concrete bits and bytes is precisely where you should also be putting in error handling, because it’s where errors start to become possible. We define our theoretical algebraic structures to obey lots of axioms (like the field axioms, and total ordering) which make it possible to reason about them efficiently in the proving of theorems. We define our practical number representations in a computer to make it easy to detect errors. The Anderson transfoos are a consequence of fundamentally confusing the one with the other, and that by itself ought to be sufficient reason to hurl them aside with great force.”

Geomerics, a start-up company specializing in simulation software for physics and lighting and funded by ANGLE plc, had been asked to look into Anderson’s work by an unnamed client. Rich Wareham, a Senior Research and Development Engineer at Geomerics and a MEng. from the University of Cambridge, stated that Anderson’s system “might be a more interesting set of axioms for dealing with arithmetic exceptions but it isn’t the first attempt at just defining away the problem. Indeed it doesn’t fundamentally change anything. The reason computer programs crash when they divide by zero is not that the hardware can produce no result, merely that the programmer has not dealt with NaNs as they propagate through. Not dealing with nullities will similarly lead to program crashes.”

“Do the Anderson transrational semantics give any advantage over the IEEE ones?”, Wareham asked, answering “Well one assumes they have been thought out to be useful in themselves rather than to just propagate errors but I’m not sure that seeing a nullity pop out of your code would lead you to do anything other than what would happen if a NaN or Inf popped out, namely signal an error.”.