Is software a technology?

I saw an interesting comment on r/technology today, r/technology is a subreddit devoted to all things technology, where the author complained about too much web/software related articles were being posted on the site. As the site is user driven the choice of the content can be influenced by questions and comments like this. In fact it can change the shape of the entire community and how they interact with each other. For instance r/fitness tested text based submissions only with no external links allowed. This fundamentally changed the discourse in that community. Anyway, this made me sit back and think about if software or websites should be considered technology in the way that a computer or keyboard is.

According to the Google dictionary the following is the definition of technology:

tech·nol·o·gy/tekˈnäləjē/

Noun:

The application of scientific knowledge for practical purposes, esp. in industry: "computer technology"; "recycling technologies". Machinery and equipment developed from such scientific knowledge.

I believe that software could fall into the first category of technology. Wikipedia says: Technology is the making, usage, and knowledge of tools, machines, techniques, crafts, systems or methods of organization in order to solve a problem or perform a specific function.

Again this could easily be applied to software. Specifically because of the word techniques. However, I think we need to tread carefully here because both of these definitions would also include all of mathematics as a form of technology. Why does this definition matter? Well, you are able to patent technologies, but you are not able to patent mathematical algorithms or techniques. If some one was able to prove that P=NP in a mathematical proof then it couldn't be patented. However, if you put that same proof into a piece of software it suddenly becomes patentable, and then make some one very rich.

I think there's another fundamentally cognitive difference as well. Despite the fact that people say Android phone technology or Apache web server technology, it feels different than when you say internal combustion technology. I think the main difference is the physicality of the combustion technologies over the technology that has been developed to create phone OSes or webservers. It requires manual labor and a set of tools and skills that are all physical entities whereas with the software, anyone with a computer can learn how to program. That doesn't mean that there won't be a set of people that are better at it or more likely to pick it up than other people. I'm basically self taught in both SQL server and VB.Net.The fact that software can be copied perfectly an infinite number of times also changes how it should be treated.

I think that these differences means we should actually treat software differently. I think that it is a technology, but a technology more related to mathematics and logic than other sciences.

Ubiquitous free high speed wireless: Business

In my previous blog I discussed some governmental issues with ubiquitous free high speed wireless internet. In this piece I'm going to discuss the impact on businesses. I'll start with some really obvious impacts and then move into some that may be more interesting.

First, this would effectively kill the current business model for telecoms. Not just internet providers but it would also have a massive impact on telephony and television providers. Internet providers would basically go out of business unless the governments that implemented the network hired them to manage the networks and perform the upgrades required to ensure expected performance. It should also be expected that net neutrality should be the norm as the internet is free as in free beer and as in free speech in a situation like this. This would impact telephony in a similar manner. With free internet phones could be designed to work on wifi (or whatever the network type is) and use services like Google Voice (which is popular in the US and free). These services provide a telephone number as well. Further more skype communication or similar type programs could become the norm as they are free and easy to use. The impact on television would be a continuation of the current system. With Netflix and Hulu driving usage to the web. Without easy access pirating will be the norm and extremely easy.

In the US Starbucks is extremely popular for two reasons, gigantic flavored coffees and free wireless internet. I think in the Dutch context free wireless internet would spur an increase in the amount of business meetings that happen at cafes. With the slow service which is designed to encourage conversation and being social, it would be a great way to work remotely from outside of home. As it stands there aren't that many places, at least in Eindhoven, that have wireless internet like that. I think it will spur sales at restaurants.

The broadband movement is already increasing the number of people that can work from home and be educated at home. I think there will be some differences though. Mostly because of the freedom that is allowed with the wireless connections. You are able to connect everywhere and anywhere. I think this will create more flexible schedules. I'd be able to work nearly as easily on a train as I would be able to in the office. I would be able to get on a train at the time I'm supposed to be at work get there for some meetings and finish up around the same time just on the train.

I think that there will be more business models based on highly interactive advertisements and user driven actions out in the "wild." I've seen a lot of the QR codes outside of buildings as it is, but I think there will be an increase in the number of these. Users will be more willing to activate them because they are going to get the data from them significantly faster than previously. This will drive traffic to these sites and potentially new jobs from the different types of videos/ads that could be created with them.

I think this will also be something of a technological discontinuity. Broadband at home encourages one type of behavior, but I think there will be very different interactions with broadband everywhere. In the long term there could be a slew of different devices that will take advantage of the continual connections. Clothing could be that could measure the current weather conditions real time which could be uploaded to get real time weather information. We could collect data at levels we've never seen it before. This is just one usage of the informational sphere we'll be living in. There will be a huge number of new applications that will radically shift the way people think about knowledge, information and computing products. Predicting the next wave of technologies based on the wireless web is difficult. It's likely to be impossible.

However, I think that in my next blog on Computing, we'll see the largest changes.

Google's Motorola Future

According to Eric Schmidt of Google the purchase of Motorola Mobile is also it's own foray into physical products. This is promising but it's also dangerous for Google. While 98% of Google's revenue comes from ads as of 2008, the majority of its revenue stream is free of a great deal of risk from patent infringements.  This is double true because the majority of Google's patents are related to search and locating data. The products that it produces that people use on a regular basis have been designed around open standards which enables them to get around patenting and use licensing instead. If any of these technologies are accused of patent infringement Google can pull up the original source code, the version and the date. While this may be more expensive than the patent examiner finding this during the patent examining procedure, it still can save Google millions of dollars in patent suits. However, it hasn't prevented them from having to pay a good deal in licensing fees despite this as I mentioned in my previous post.

Why is this a risk for Google? Well, every one of those patent lawsuits that were targeted at Motorola is now directly targeted at Google. Google is sitting on a huge pile of cash. Enough cash to outright buy Motorola. Additionally, any lawsuit that is directed towards an application of Android on a Motorola phone that Google will eventually be selling, is going to be directed towards Google now. Previously, when there was something infringing in an application on Android most of the risk was shifted towards the manufactures of the phones and away from Google. Google does have to pay Lodsys/Intellectual Ventrues for one of their patents which allows things to be purchased through apps. Like using the Android Market place. Google also has one other lawsuit related to Android at this point, which is related to a Java Patent. This is kind of an ongoing lawsuit, which Oracle has had to remove a blog post from a former Sun employee praising the use of Java in Android.

There's got to be some sort of potential for payout for Google to take this risk though. Yes, I do think there is. Despite the fact that Google is going opening itself to direct lawsuit battles with Apple, it also allows its engineers another outlet for creativity now that Google has shuttered Google Labs. Engineers from the Motorola Mobile side will be able to have more freedom and the engineers that work in Google will be able to play more with Android to make a more superior product. Google will have direct control over their handset opposed to farming it out to HTC like they did with the Nexus One.

Are there any other risks besides the ones you've mentioned already? I think there's one big one. Anti-trust case. Google is already in the cross eyes for an investigation. In my next blog I'll discuss the case against Microsoft which the US and EU handled and then how the precedence could impact Google.

Software Patents are the new Copyright

In one of my previous posts I commented that I was seeing a convergence withing copyright activities. I believe that something just as horrible is starting to happen within the software patent world. I think that it will threaten the free software movement as well. We've had patent trolls around for a long time now. Almost since the first patent was created, however, this didn't interact with our daily lives. It was similar to the way that copyright didn't affect you and me on a daily basis. Sure, changes in prices or the removal of a product could affect us, but typically we were able to find a replacement or dealt with the price change. However, I think that this new type of patent troll is more dangerous. Yesterday I saw a post on Ars Technica discussing how Lodsys is going after Apple app developers. Apple isn't happy about this at all, because it threatens to ruin the base they have developed.

I think there are some other problems with this as well. Historically, if a company, that produces software, was looking to go for an IPO or bought by another company there's a thing called due dilligence, where the products are checked for stolen code. This is a big deal, because if I stole the code from Linux or some other open source software, my entire project falls under the GPL, and forces my source code to become open as well. This can create massive headaches for companies.

There is a key difference between what used to happen in the past and what is happening now. Before it was the method of making something happened that mattered. For example if I took a really fast way to sort something from open source how it was sorted was what mattered, not that it sorted. Why does this matter? Well the code is also technically copyrighted and owned by the writer. Now the outcome matters as well. What if some one had a patent on sorting. I've mentioned how crazy this would have been in the past and how this would impact innovation.

Let's say some one decided to put in for a patent on shooting animals at some sort of target through a controlled interface. Once the animal hit the target the animal interacted with the target which changed the user interface to indicate that the change had occurred. I have two games on my phone right now, Angry Birds and Monkey Blaster that would both be impacted by this patent. Both of them have very different goals and methods for shooting an animal at a target and different results once it hits the target. Indeed, the definition of target is different between these two games. However, neither of these developers are going to be looking for patents when they have an idea about what's the next game they want to make.

The patent that is mentioned in the Ars article is absurd. It should never have been approved. There's nothing novel in the development of the in app purchase. That is something that should be obvious from any one in the computer industry. You could easily see the relationship between a website and an application. In fact, I'm sure that there have been cases of this in the past. Another question that remains to be seen is this going to impact services like Steam? The article notes that Lodsys has already gone after EA.

This change in behavior towards apps and software patents is a very bad change. We need to work to address these types of problems. Returning to the requirement of producing a product to have on the market within a certain number of years could help address these problems. However for software this will likely just lead to a crappy product put on the market that no one buys and no one knows about.

EFF's Tor challenge and Internet Freedom

First of all, no I didn't participate in the Tor challenge. I don't feel I can use my computer in this way while I'm doing a lot of work on it for school. However, I think the idea is excellent. I didn't explain what TOR is did I? Well here's the EFF website about Tor. TL;DR: basically it provides a way for You, to hide your actual IP address. You have to install a piece of software to access the network. Once you access the network you're data will bounce around and come out an exit point, which is your "final" IP address. This final address will take the brunt of any legal or illegal activity being conducted on the TOR network. The EFF suggest that you do not run an exit relay out of your home and the Tor project has some recommendations on running an exit point. However, it should be safe to run a middle relay to allow traffic to flow through your home address. The data that flows between middle nodes is encrypted. See the picture below.

EFF representation of the Tor network: from Tor Project

Why is this technology important? This helps with freedom of speech. The US constitution allows free speech and this is an important tool in allowing freedom of speech. Of course like any proxy website, or VPN it can be used for other purposes, as can the ideas of free speech. We may not like what it is being used for, what is being said or why, but it's still legal. One thing that is noted repeatedly on both the EFF and Tor page is the risk of DCMA take downs and law enforcement attention. Both of these have a chilling affect on freedom of speech.

It seems to me that copyright control and protection may seriously damage a project like this. If all the exit nodes are shut down because of copyright take down notices we lose a valuable tool in preserving our freedom of speech as well as an assumed right to use the internet in the way we feel is best.

Another concern I have about this technology is the obvious potential use by hackers. This tool is going to be used by hackers. It would be foolish for them not to. This of course puts this technology at odds with the wishes of the government to control copyright infringement and prevent hacking of businesses and government agencies. I seriously hope that the US government, and the EU, gives protection to the exit nodes from legal repercussions from hackers using these networks. Used in the right way Tor could be a modern Underground Railroad for dissenters in countries like Libya, Yemen, and Saudi Arabia.

Innovation and Software Patents

Whenever a new type of product is released there are a lot of difficulties with intellectual property. This is being played out in biotechnology and software. As recently as last year it was possible to patent human genes in the US. See this link for the recent verdict against it. The ACLU also had a write up from 2009 when this case was still ongoing about the history of genetic patenting. Software is another case of this. Many people argue that since software is an algorithm or series of statements that leads to a result it should not be patentable. This makes sense as mathematical proofs are unable to be patented. The argument is that for proofs these are discoveries and more natural processes than creating technology.

In the EU it is not possible to obtain a software patent at all. They claim that with software there are multiple different methods to obtain the same output. Software patenting is a very recent trend. The most famous example is the Amazon.com one-click to buy button. Which, if you don't know what it is, basically allows you to store an address and a credit card and automatically buy whatever product you're looking at. Fairly simple right? Well there was a lawsuit against a major competitor, Barnes and Noble about this in '99. Some how this patent managed to survive the re-review, even though it's a fairly obvious idea and could be implemented in about a billion different ways. On the billions, I'm not even exaggerating. There would be so many different interactions that could make the actual implementation totally different. These range from database types, information request, how the data is actually stored in the data base. There could be nothing similar between the implementation at all, yet Amazon ones all the methods to do this. In terms of patents this is effectively an amazing patent.

Let's put this more simply. If software patents had been allowable in the 70's when software first started to take off we would be living in a different world. BIOS have been owned by IBM until 1990 or so, which would have made manufacturing computers a two horse race between Apple and IBM. Microsoft or Apple could have patented the Operating system, and then the graphic user interface. IT innovation would have been non-existent. Think of this, some one could have patented data sorting. There are a many different ways to sort data in the CS world and all of them would have been covered by a single patent. Then some one could have decided to patented sorting on a multi-core computer (by then sorting as a patent would have expired).

Software is more like a mathematical proof than it's like inventing the computer.

Innovation in the software world has been amazing because it has been something of a free for all. However, there are drawbacks to this lack of IP protection. In the most recent version of iOS, iOS5, Apple has been accused of lifting many of it's new "innovations" from apps that have been rejected from the app store, or that have been selling in the jailbroke iPhone app store. Here's the link for the article. How do we deal with cases like this, either Goliath stealing from David or David stealing from Goliath? There needs to be some sort of protection.

Potentially copyright should cover this, or a registered design. Perhaps in the case of the app stores a non-compete agreement should be signed if the app is rejected by Apple. Meaning Apple won't steal it. However, there is no easy solution. Software design thefts are going to be very difficult to manage and deal with.