Tag: blockheaded

Ticketed for cussing?

Wow. My understanding of the First Amendment with regard to profanity was recently challenged. I’m glad to see that at least the ACLU sides with me.

Law.com’s recent article explains the happenings in Pennsylvania where apparently there has been a rash of state troopers citing or even arresting citizens for disorderly conduct, including a pizza delivery driver who had to take off an entire day without pay to defend himself against the bogus charge.

[ACLU legal fellow Marieke] Tuthill said disorderly conduct charges for use of profanity have become common in Pennsylvania despite being routinely rejected and condemned by the courts. The suits allege that use of language that is “merely profane” and “not obscene” is protected by the First Amendment, and that criminal charges of any sort for the use of mere profanity therefore violate free speech rights.

It’s not surprising to me at all to see the ACLU’s Pennsylvania chapter has their hands full with this kind of thing. This is a classic case of “badge-itis” and an example where cops are at least nominally above the law, their badge becoming a “get away with it” card. I wonder how many cited for this so-called “disorderly” conduct are police officers? Probably none. I defy you to watch more than ten episodes of the TV show “Cops” or a similar reality-based show involving police officers without hearing one word from a cop beeped out. (While it’s probably possible to find ten such episodes, it would involve quite selective viewing habits.)

I do keep my three blogs profanity-free; this blog is the only one of the three that would be anywhere near likely to contain saltier language on occasion, and I still keep it clean as a matter of personal taste. The same cannot always be said of my Twitter stream and my Facebook feed. I’ll admit it; I can have quite the penchant for profanity. If this biases my perspective, so be it. But please remember, life is not a G-rated Disney movie!

I’d rather see cops writing speeding tickets for a known underposted stretch of road than writing tickets for swearing under the guise of “disorderly conduct.” And that says a lot, given I know a lot of speed limits are underposted on purpose.

Too hot for the iPhone: Apple censors sex apps

The Unofficial Apple Weblog writes on what appears to be the imminent removal of some or maybe even all sexual content from the iPhone’s App Store. Now, on any other smartphone, this wouldn’t be that big of a deal. But this is the iPhone we’re talking about, and the App Store is the only Apple-approved channel for iPhone applications. So in essence, this is Apple playing “nanny” and censoring content they don’t like.

The particular app in question may well set a relative low in taste. I’m not going to judge that. What I am going to judge, is Apple’s utterly senseless and arbitrary censorship of iPhone content, specifically applications.

I was asked by my mom recently what I thought of the iPad (which will have similar restrictions to the iPhone and iPod). I’m not including the full text of my response here, but regular readers should have some idea how it went. (You may want to do some catch-up reading if you are new to this blog.)

When it comes down to it, I’d really rather not have anything bad to say about companies like Apple or their products. But dubious and arbitrary decisions like this do not sit well with me as a sworn opponent of censorship. And as long as Apple and other companies continue to make dumb moves like this, I’ll likely keep calling them out as I find them. I’d let TUAW do it instead, but it appears its author(s) will more than happily cave and essentially pat Apple on the back for a clearly censorious move.

Submarine software licenses: the “gotcha” of video codecs

Ben Schwartz wrote a very nice piece about proprietary video codecs, in particular H.264, MPEG-2, and MPEG-4. In essence, those who have purchased software like Final Cut Pro with the idea of using it to make commercial video have fallen into either a carefully laid trap by the patent holders or a simple oversight on the part of companies like Apple who bury things like this well within the fine print.

Ben’s commentary below the relevant license portions says it all:

Noticing a pattern? You have a license to use their software, provided you don’t make any money, your friends are also all correctly licensed, and you only produce content that complies with the MPEG standard. Using video for a commercial purpose? Producing video that isn’t within MPEG’s parameters? Have friends who use unlicensed encoders like x264, ffmpeg, or xvid? Too bad.

But it gets even more troubling for free software users (Ben here uses the term “open-source” but it applies equally):

This last thing is actually a particularly interesting point. If you encode a video using one of these (open-source) unlicensed encoders, you’re practicing patents without a license, and you can be sued. But hey, maybe you’re just a scofflaw. After all, it’s not like you’re making trouble for anyone else, right? Wrong. If you send a video to a friend who uses a licensed decoder, and they watch it, you’ve caused them to violate their own software license, so they can be sued too.

This is probably one of the strongest cases against software patents I have come across. Thankfully the EU rejected software patents as of last time I checked, and hopefully will continue to do so. The US seems to be the only place where one can patent a computer program, clearly outside the scope of what patents were intended for.

Patents should be restricted to physical inventions. It’s absurd to be able to patent not just a computer program, but an entire class of computer programs which do the same thing.

To be fair about it, those who hold the patents have a strong disincentive from chasing down everyone who infringes on the patent. In addition to being cost-prohibitive, it is an almost certain PR disaster. This does not excuse what amounts to legalized extortion.

The problem runs even deeper than “just don’t use H.264 or other patented codecs.” The rather low level adoption of patent-free codecs like Theora and Vorbis in consumer electronics equipment often makes the idea a no-go. Most digital audio and video players will not play Theora or Vorbis files. (Vorbis was designed as an MP3 replacement.)

Making a DVD or Blu-Ray disc that plays in most off-the-shelf players simply cannot be done without infringing upon the patents. Troubling here is that the Blu-Ray standard (and not that it matters now, but HD DVD as well) easily could have been written to allow the use of Theora or even Dirac. The decision to not standardize on a patent-free codec was almost certainly driven by greed; the same corporations which make the devices get most of the patent royalties on H.264, MPEG-2, MPEG-4, etc.

Windows 7 boot time shenanigans

According to a recent CNet article, it seems that Microsoft has been a bit deceptive with their claims that Windows 7 boots faster.

The claim is from a company called Iolo Technologies:

[Iolo’s] lab unit found that a brand-new machine running Windows 7 takes a minute and 34 seconds to become usable, as compared to a minute and 6 seconds for Windows Vista. Iolo notes that it measured not the time it takes for the desktop to appear–which can be as little as 40 seconds on a fresh installation of Windows 7–but rather the time it takes to become fully usable “with CPU cycles no longer significantly high and a true idle state achieved.”

I’m not the least bit surprised that Microsoft would take the deceptive, underhanded path here, and make Windows 7 look like it boots faster even while the rest of the “booting” is still going on in the background making the system relatively unresponsive. Much of the rest of the computer-using public, however, falls for this kind of thing hook, line, and sinker.

I have no access to a computer running anything more recent than Windows XP Media Center Edition, so I cannot unfortunately lend my personal insight there. (Some of that is by choice: I hopped off the Windows train at Windows 98, and my next new PC will come preloaded with a GNU/Linux distribution called Ubuntu which is an offshoot of Debian. I’m running Ubuntu on this rather geriatric PC (800 MHz Celeron, 256M RAM, 20G drive) that I am using to write this, and if I’m careful about what I run it’s not too bad. Certainly much better than the Windows 98 it left the factory with.)

What I can tell you, is that with just about any operating system and GUI released as free software, what you see is what you get. The desktop or login screen comes up, and that means the system is done booting. Microsoft would do well to adopt the same model of transparency, or drop their deceptive claim that Windows 7 boots faster when in fact it probably does not.

I am definitely curious as to how fast Ubuntu 9.10 (Karmic Koala) and Debian
5.0 (lenny) would boot on the same hardware Iolo Technologies used for their
test. I have never actually timed the boot procedure on this PC, but I have
nothing to really compare it to so it may not be that relevant.

Aggressive, hardball censorship threats by the TSA

Continuing on with the airport security theme, even though the holiday travel season has came and went:

Wired.com’s Threat Level blog reports on an attempt by the TSA to censor two bloggers who posted a TSA document describing screening procedures, sent to many major airports worldwide (not just in the US). According to one of these blogers, Steven Frischling, “they’re looking for information about a security document sent to 10,000-plus people internationally. You can’t have a right to expect privacy after that.”

The TSA agents who visited Steven at his home the evening of 2009-12-29 aggressively questioned him about the source of the document as well as threatened him with the loss of his job and a “security risk designation”– something which may be a mere annoyance for people like me who don’t fly very often, but which carries far greater ramifications for someone who works for an airline as Steven does.

It’s a pretty low blow to aggresively and mercilessly threaten an airline employee while he is holding his three-year-old daughter (as Steven was). This is a huge abuse of Steven’s civil liberties, and it is alarming to me that the TSA would use a subpoena in a similar manner to a search warrant. The two are not the same thing.

Shame on you, TSA agents who did this. How disgraceful, cold, thoughtless, and unkind of you.

For those of you out there who find yourself in a similar spot, be aware of the difference between a subpoena and a search warrant. It’s a good idea to have contact information for the local office of organizations like the ACLU and the EFF handy, especially for bloggers who write about issues the least bit controversial. (And let’s face it, blogs without a little controversy once in a while tend to get a bit boring.)