Archive for the ‘Legalese’ Category

Tab roundup for December 2008

Om Malik’s blog design, and themes as a business
I stumbled upon Om.Is.Me…, Om Malik’s private blog, and was taken away by the design. For one, its hosted at wordpress.com (something I’m thinking I might do at some stage, if it was less rigid). But more importantly, what I noticed was the design – I was really taken away by the blog theme. Its designed by GNV & Partners, and it looks snazzy.

Is there big business in Wordpress themes? If their website was in English, I’d be a little more interested… Largely because I have to theme at least two Wordpress sites in the near future, and I’m not looking forward to mastering CSS, etc.

What do custom Wordpress themes go for? How many folk pay for themes?

Hackerspaces
Found this via Twitter (thanks @achitnis), and it Hackerspaces reminded me a lot of coworking. When in Melbourne, I always pined of a co-working space (I believe, Joe’s Garage came close to it – upstairs, anyway). Now that I’m in Kuala Lumpur a lot more, I am wondering if a warehouse somewhere, might make sense…

Cybercafes in Japan, offering physical addresses to the homeless
Read Cyber cafe offers address to homeless. I didn’t know that cybercafe’s in Tokyo gave away a free email address (maybe they don’t, but they might give you access to one), but I was impressed that comic books and unlimited beverages were a norm. Kudos to Cyber @ Cafe offering long-term lodging and an official registered address (important, when PO BOXes aren’t acceptable or you’re homeless).

Takemitsu Karitachi, used to sleep on park benches, but he doesn’t have to anymore:

This simple service is vital for the 50 semi-permanent residents of the cafe, many of whom have taken refuge here after being laid off abruptly during the current recession.

Takemitsu Karitachi, a contract worker at a nearby factory, is one of the many people who have been sleeping at the cafe every night for the past two months since he lost his office job and his apartment.

Karitachi, who used to roam the streets and hopped between various Internet cafes for months, says he is now relieved to have found a more permanent home — even if it’s a cubicle just slightly bigger than the back seat of a car.

BMW India sales records
It stunned me when I found out that in 2007, BMW only sold 1,338 cars, and in 2008, plans to sell 2,800 units. The sales ratio between the BMW 5 and 3 series is 55:45 (so the one’s buying a BMW, actually have a lot more disposable income than one would think).

I don’t know the cost of a BMW in India, but if its prohibitively expensive as it is in Malaysia (what is it, up to 300% excise duty?), I’m surprised the numbers are a lot lower. Seeing a BMW (or a Mercedes) on the road in Malaysia is very common – yuppies are driving 3-series cars (BMW 320), straight into their first management job, willing to fork out RM220,000+, and paying it off over seven or nine years.

Lucky for me, I don’t think of a car as a status symbol (and think that people that do, are rather daft).

After Credentials
Read Paul Graham’s After Credentials. It is probably his best essay in recent time, and its very pertinent to those living in Asia.

Not only in South Korea, but in most parts of Asia, education is touted as being very important. Quotes like “In our country, college entrance exams determine 70 to 80 percent of a person’s future,” don’t surprise me. Paul thinks its old fashioned – I tend to agree. Today’s universities are not more than cram universities.

The problem comes when parents use direct methods: when they are able to use their own wealth or power as a substitute for their children’s qualities.

Let’s think about what credentials are for. What they are, functionally, is a way of predicting performance. If you could measure actual performance, you wouldn’t need them.

This doesn’t work in small companies. Even if your colleagues were impressed by your credentials, they’d soon be parted from you if your performance didn’t match, because the company would go out of business and the people would be dispersed.

In a world of small companies, performance is all anyone cares about. People hiring for a startup don’t care whether you’ve even graduated from college, let alone which one. All they care about is what you can do. Which is in fact all that should matter, even in a large organization.

The whole article is interesting. There is a good analysis of the big company versus small company paradigm, as well as the fact that people want instant (and not deferred) rewards.

I predict that within Asia, in the next two decades, hiring based on your after credentials (first bachelors, then masters, possibly doctorate eventually), are going to be a thing of the past.

Lawyers use Facebook to serve notices
Via The Age:

Canberra lawyers have won the right to serve legally binding court documents by posting them on defendants’ Facebook sites.

In a ruling that could make legal and internet history, a Supreme Court judge ruled last week lawyers could use the social networking site to serve court notices.

Email and even mobile phone text messages have been used before to serve court notices, but the Canberra lawyers who secured the ruling are claiming service by Facebook as a world first.

“The Facebook profiles showed the defendants’ dates of birth, email addresses and friend lists and the co-defendants were friends with one another,” a spokesman for the firm said.

On perfumes, and smell
This is interesting, The scent of a man. Very captivating, here are a few select quotes:

They already knew that appropriate scents can improve the mood of those who wear them. What they discovered, though, as they will describe in a forthcoming edition of the International Journal of Cosmetic Science, is that when a man changes his natural body odour it can alter his self-confidence to such an extent that it also changes how attractive women find him.

They found that those who had been given the commercial fragrance showed an increase in self-confidence. … What was surprising was that their self-confidence improved to such an extent that women who could watch them but not smell them noticed. They were, however, unable to distinguish between the groups when shown only still photographs of the men, suggesting it was the men’s movement and bearing, rather than their physical appearance, that was making the difference.

Perhaps the greatest takeaway was: “The sexes themselves smell different, too, and women can glean information about a man’s social status from his smell alone.”"

Women can smell success?

Friendster as an act of revenge

A recently jilted man, aged 27, decided to post information about his ex-girlfriend on Friendster. The Star reports:

In March he started his antics again, which she tolerated, until she started getting disturbing calls from men who had read the “invitation” for a life partner over the Friendster account, which had been created unbeknownst to her.

Get this. In recent times, there were 19 such cases, with 90% of the victims being women!

There’s just some irony in this (besides it being creepy – men, don’t be creepy!). Today it is your number posted on Friendster. Yesterday, it was plastering your number in some random toilet, with a sexy message. What will it be, tomorrow?

On corruption

A few weeks ago, I attended a fiduciary bootcamp. I didn’t even know what it meant.


“involving trust, esp. with regard to the relationship between a trustee and a beneficiary : the company has a fiduciary duty to shareholders.”

It was generally not a productive use of my time, but a choice quote through it all, caught my attention.

We need to recognize corruption for what it is. Officials who take bribes are stealing from their own people – not just money but governmental legitimacy and the hope of a better future. Their actions distort government decisions, waste scarce resources, and undermine public trust in political leaders and institutions. What’s more, corruption makes it more difficult for governments to implement laws and policies, and to attract and hold essential foreign investment.

Larry Fisher

This was presented at his keynote address at Rice University, in a talk titled “Taking a corporate stand against public corruption“. Choice reading (and I don’t normally consider reading stuff from a lawyer, choice reading).

Malaysia stops censoring bloggers

So, the MCMC decided to come to their senses and scrap blocking websites. Internet censorship only lasted a few weeks (read previously Malaysia starts censoring bloggers). Of course, to control the victim of the latest censorship act, they used the draconian Internal Security Act (ISA), but that’s a whole other matter.

Its interesting to see how many people came around, and the amount of press/attention this whole censorship thing brought. Here’s a quick summary:

  • SKMM not ordered to block access to website in where we find out that there are 127 websites and blogs that have been blocked for contravening various sections of the Act.
  • MCMC – how to make a complaint – this is a useful website. Why? Because you can write complaints, or fax them, and get the MCMC to respond. They have to, I’m told, so if you feel strongly about an issue, this is the right place to hit up the next time such craziness hits.
  • Dr M slams ‘blocking’ of Malaysia Today in where he expresses his disgust (on his blog, nonetheless!) about the censorship of the Internet. Quote: “… action exposed “a degree of oppressive arrogance worthy of a totalitarian state”, and that the Government would soon lose credibility and respect among the people.” Well, under his rule, I’d not be surprised if the ISA was used sooner… but whole other matter, right?
  • Reporters without borders picked up on it.
  • The Edge reported on it, and this takes the cake, because they were accusing “comments” – “MCMC chief operating officer Mohamed Sharil Tarmizi was quoted as saying the regulator ordered the block because it found that “some of the comments on the website were insensitive, bordering on incitement”.”
  • Google, Go Away! – Rocky, tells Google to not build their multi-billion dollar data centre in Malaysia. Its been a long standing rumour that they planned to do this for a while
  • SKMM: M’sia Today block order stands, probe underway in where they are deciding which Section of the Act to pick on, and where The Star decides to be relevant and links to the mirror site!

Well, the dark days of Internet censorship are averted. Bloggers beware though, the use of claims of libel, sedition, or just the ISA, might be around the corner. I love how ABC news mentions “a journalist, a blogger and a Member of Parliament” when they cover the recent ISA arrests. A blogger.

Right to act against Malaysia-Today?

Now, it seems like there are only 19 ISPs, from the previous 21.


Malaysia Today Mirror/Alternate URL Information
Malaysia-Today IP: 202.75.62.114
Malaysia-Today alternate URL: http://mt.harapanmalaysia.com/2008/
Start using OpenDNS to avoid the pain. read more…


The Star is reporting:


“Everyone is subject to the law, even websites and blogs,” said Home Minister Datuk Seri Syed Hamid Albar.

“We do not intend to curtail people’s freedom or right to express themselves.

“But when they publish things that are libellous, slanderous or defamatory, it is natural for SKMM to act,” he said in Parliament lobby on Thursday.

No Syed Albar, you are wrong (re: natural for SKMM to act). When something is libellous, slanderous, or defamatory, you tell them to remove the content, failing which, you take them to court, file a civil suit against them, and see what happens at the hand of the law. You do not censor the Internet. This is exactly what is happening to Raja Petra – he’s being charged for criminal defamation (and probably more?).

Syed Albar goes on to add, as reported in Malaysiakini:

He defended blocking access to Malaysia Today that has attacked top leaders, saying it had ignored warnings against publishing “slanderous” articles.

That’s really the crux of the problem. Malaysia for the longest time, under the iron fisted rule of Mahathir, never questioned leaders in the open. Those that did, were put behind bars, under the ISA (thanks to things like the Printing Presses Act, etc.) Of course, exposure to the rest of the world, and the Internet, has helped shape the people to become much braver.

Now, everyone’s playing the blame game (or pretending to be dumb):

  • Datuk Joseph Salang Gandum, Deputy Energy, Water and Communications Minister was not aware – he thinks they may have brief the Minister, but definitely not him. Where’s the Minister? In Bali. On vacation?
  • Datuk Ahmad Shabery Cheek, Information Minister says he’s aware but its not under his jurisdiction

Picking on Section 263, while ignoring Section 3 of the Communications and Multimedia Act 1998:

(3) Nothing in this Act shall be construed as permitting the censorship of the Internet.

Also via Malaysiakini:


“The commission and the government should acknowledge that the problem at hand is the failure of the mainstream media to fulfil its duties in reporting information adequately, truthfully and fairly and not go on a witch hunt of content providers in cyberspace, which holds the only meaningful free space for critical and challenging expression in Malaysia.”

A wise statement executed by V Gayathry from the Centre for Independent Journalism.

Bloggers' Rights at EFF

Not unprecedented
The Star goes on to report that the MCMC has done this previously before, for websites involved in fraudulent investment schemes, last year. From that list, swisscashguide.com and swisscash.biz still work – so did they remove the DNS block, or do they set a time for it to expire? When such firms exist, you don’t block their websites – you take them to court for violating the Banking and Financial Institutions Act (commonly referred to as BAFIA), and shut them down, I believe.

Jaring shines thru
Its worth noting that while TMNet/Streamyx has complied (they have the biggest market penetration for DSL users), Jaring (the oldest ISP in Malaysia) hasn’t (hopefully its not a yet, I just hope they ignore the directive – a feisty Dr. MAL still being there?). ns.jaring.my and dns1.jaring.my still resolve the regular malaysia-today.net website.

The blogosphere aloud
Jeff Ooi has called for the hanging of the idiots @ MCMC. Lim Kit Siang has chimed in. LiewCF is telling people how to bypass the blocks. Daniel from Global Voices Online asks What exactly is sedition?.

If you have any more interesting links, don’t hesitate to leave a comment on this post. If someone has a copy of the circular sent to the ISPs, it will make for a public shaming.

Malaysia starts censoring bloggers

Today, is one that I consider, a dark day in Malaysian Internet history. The Malaysian Communications and Multimedia Commission (MCMC), ordered all ISPs to block access to a website, thereby violating the MSC Bill of Guarantees, which clearly states: Ensure no Internet censorship.

Malaysiakini reports (subscription required, so relevant bits pasted here):


MCMC chief operating officer Mohamed Sharil Tarmizi, when contacted today, confirmed that the block was ordered by the commission, which is the regulatory body for online content.

“It is being blocked because we found that some of the comments on the website were insensitive, bordering on incitement,” he told Malaysiakini.

Malaysiakini goes on to add, that this is the first time something like this has been used against non-pornographic websites. I will argue that this shouldn’t even be used on pornographic websites – sure it may flaunt the laws of the country, but leave it to the end-user, please.

It’s just a DNS blackhole, so its not quite Internet censorship… But this makes you feel so much closer to Beijing now, doesn’t it?


lovegood:~ byte$ dig www.malaysia-today.net @cns1.tm.net.my

; < <>> DiG 9.4.2-P1 < <>> www.malaysia-today.net @cns1.tm.net.my
;; global options: printcmd
;; Got answer:
;; ->>HEADER< <- opcode: QUERY, status: NXDOMAIN, id: 25306
;; flags: qr aa rd ra; QUERY: 1, ANSWER: 0, AUTHORITY: 1, ADDITIONAL: 0

;; QUESTION SECTION:
;www.malaysia-today.net. IN A

;; AUTHORITY SECTION:
malaysia-today.net. 3600 IN SOA ns1.blocked. blocked.tm.net.my. 1 900 600 86400 3600

;; Query time: 17 msec
;; SERVER: 202.188.0.132#53(202.188.0.132)
;; WHEN: Wed Aug 27 23:33:57 2008
;; MSG SIZE rcvd: 104

TMNet has a known list of DNS servers, the most common being: 202.188.1.5 and 202.188.0.133. Apparently, some also get on 202.188.1.4 and 202.188.0.132. There are a bunch more that you can get, too.

Malaysiakini goes on to report:


Mohamed Sharil said MCMC had instructed all ISPs to block access to Malaysia Today based on complaints received by the general public regarding offensive comments posted on the website.

Asked if the move to block Malaysia Today went against the government’s guarantee of Internet freedom, he said that the matter was subject to interpretation.

“We are governed by the Communications and Multimedia Act (1998) which allows us to take preventive measures and advise our license holders (such as ISPs) when a service user may be contravening national laws,” he said.

Under Section 263 of the Act, a licensee must “use his best endeavour” to prevent his/her facilities from being used to violate any law in the country”.

Mohamed Sharil said that MCMC will be communicating with the Malaysia Today owner Raja Petra Kamaruddin and other blog owners soon regarding “ethical blogging”.

“We are not against blogs, but we would like to see ethical blogging,” he stressed.

Ethical blogging. Expect yet another blog post on this, soon. In a country where mainstream media is stifled, and used as a propaganda machine, its no wonder people turn to the Internet. If the mainstream media reports “lies”, why not the Internet? The people, the rakyat are smart enough to distinguish, in this non-communist state of ours.

So, if you need your Malaysia Today fix, the IP address is still valid – 202.75.62.114. For commenting, try http://mt.harapanmalaysia.com/2008/.

Bloggers' Rights at EFF

For the smarter ones amongst you, I suggest you stop using TMNet’s DNS services. Switch to OpenDNS (I would suggest switching ISP, but welcome to the monopoly that is Malaysia, right?). You can change it on your computer or router, or just use the nameservers if you know how: 208.67.222.222 and 208.67.220.220. Otherwise, there are ways to change it on Windows (XP, Vista, 2000), Mac OS X (Leopard, Tiger) or even Linux (Ubuntu, Fedora).

OpenDNS is a workaround. The real problem is the MCMC attempting to censor the Internet. They are attempting to stifle free speech, and the freedom to discuss pertinent issues in an open fashion. I’ve mused about the Universal Declaration of Human Rights before, maybe its time the politicians read it, again.

Update: Its worth noting that Bernice Low wrote about this in her CNet blog as well.

Miguel de Icaza from Mono on Moonlight

Miguel de Icaza from the Mono project, tells us more about Moonlight, and where the Mono project is headed, at LugRadio Live USA 2008.

- shows us about Silverlight 1.1 (Moonlight is the Mono equivalent)
- works a charm in Firefox, but there’s issues with the implementation in IE (something JavaScript related)
- Demos the chess application
- Microsoft will provide a Media Pack (they will incur the licensing costs for the media codecs) for all Moonlight users on Linux. Microsoft will also provide regression test suites, and complete specifications for implementation. Novell will deliver a 100% compatible Moonlight and will support it on all major Linux distributions (contractually, only the top 3 Linux distributions – no mention of what the top 3 are). This is the Microsoft/Novell agreement, as of last September 2007.
- The codecs come with a restriction – you can’t use it outside Moonlight. Its only for the in-browser experience. If you use Totem, you’ll need to make use of gstreamer, etc…
- The MSPL is better than the X11 license. Miguel would like to change the Mono license to the MSPL, but everyone that hates him now, will hate him more because of the “Microsoft” substring! Why is the MSPL better? It has a patent clause, so that the code you use there, if covered by a patent, you will not be sued, ever. That in a way, is similar to the Apache license.
- Self-contained applications – traditional GNU software is spread out, quite unlike Mac OS X applications where you drag an application into the Applications folder, and everything is contained in one directory. Mono has an application guideline, where everything is also in one directory.
- Like all good demos, something broke. Miguel starts debugging on stage, and fixes the problem, and the demo works!
- “Programmers have no taste for design”
- “I have a roadmap, but I don’t think anyone gives a fuck, so lets just go to questions”
- How long will it take to get mixed-mode assembly working? If you are Chris Toshok, it will take 2 weeks. If you’re not, definitely longer. He spoke to Dan Kegel from the WINE project :) Patches are being accepted… The aim is to allow WINE to run Windows applications on a fully open source stack

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Some thoughts and transcripts from the Alan Cox video series

While catching up on some interesting chat on IRC today, I decided to watch the Alan Cox video series that Red Hat Magazine recently placed online.

In Alan Cox and the state of free software:

  • Alan speaks about software patents, as a problem for free software. Lots are starting to understand that they don’t work and they violate international treaties.
  • Alan talks about political systems – so you can’t get free software into government or schools, because of certain vendors that they choose. Approved suppliers cause grief, when they only supply proprietary software.
  • Alan talks about the OpenDocument Format and OOXML mess, and it confuses people, who want standards (FUD).
  • A challenge now, seems to be that there are a large number of free software users now, who are not technically adept. So software has to adapt to their requirements – people don’t apply patches, etc. anymore so you just have to find new ways and tools to deal with bugs, etc. We in the free software community have to scale.
  • Liability, with regards to poor quality products. Security software for instance, has this problem. The free software community has to work with liability law, as governments will increasingly require it. What standards/expectations should free software hold up to?

In Alan Cox on community and the enterprise:

  • Alan speaks about his history at Red Hat, and his history with Linux and how he began hacking on it.
  • A subscription model, and Mark Webbink figured this out – he built the model, while staying true to free software. If Red Hat hadn’t done that, they’d have lost a lot of community support. Alan focuses on how having a community distribution in parallel made sense. I can’t imagine if he means Fedora and RHEL, or CentOS and RHEL? :)
  • He was referring to Fedora! Red Hat is just helping, enabling, providing resources, guidance & advice – the right way to work with the community. Everything else is generally community controlled.
  • In developing markets, open source is important – buying local resources to create/maintain it – keep the sovereignty.
  • “At the right place at the right time”

In Alan Cox on the kernel, patent promise, and the progress of free software:

  • Late 90’s, everyone jumped on the open source bandwagon without any idea what it was about. This was the same period where you stuck an “e” in-front of any company name, and it became a new business model. How true.
  • The 2000 crash, helped the serious companies work open source better. Oracle for instance didn’t take Linux seriously – now its an important part of their business model.
  • Alan talks a lot about how he now spends time cleaning up code.
  • Red Hat, at the end of the day, have a patent portfolio. Nobody particularly wants to launch any, but if you don’t have any to launch you have a problem – kind of like nuclear warfare.
  • Software patent promise: people doing free software will never have to worry about software patents. People doing proprietary software, it gives Red Hat a mechanism in case of patent lawsuits (also, to trade patents). No one knows if how well this works, yet. Just hope this nightmare, never happens.
  • Who knows, that in the US, the Supreme Court might decide that software patents are not valid? No one knows, since no one has pushed it this far.

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