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DSM, EIF, RED: Acronyms on the EU level and why they matter for software freedom

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they will go everyone to the afternoon track for a forceful no In this room with William a liar from official for from Asia Europe Shiller tell us about about the the EU policies in know what therefore influential over soft is so welcome who and given world so do you you me yes I hope I hope works expecting I'm so high everyone I cleaner as we know it introduced an arm I'm on human rights intellectual property rights lawyer dishes a rights activist and working for free softer phonation Europe as a policy analyst and legal coordinator and today I I will give you a talk about EU policies and the most actually the most recent ones and import of of resulted in how emphasis ifi is active active in this topics so um there's been there have been several attempts to include freeze on into discussions and European level and at as if he was following them through from the start but I like through through policy advocacy work so that means publishing analysis is a meeting with the officials and campaigning for a change um but a list session the beginning of the of working to of constraint the and and on so without the years from the added Free Software Hindi you in in the the in the EU I was mostly a part of
internal IT as strategies policies which which is only for like IT departments within the institutions in that in that much over think of the over general policy I feel end of 1 of the examples are European into that framework i which was officially on the mini was of official documents and from the start at the beginning and some yes for a public administrations to increase interoperability within the valley iterations and that can also get example is the open source strategy in European Commission and that this was mostly and as a response
to the excessive vendor lock-in and within the EU institutions so that was that is still evident from as after purchase agreements in public procurement so that means that you stitutions directly require um acquiring particular vendors for example Microsoft is 1 of the most them and then there's and that also resulted in the case of the in
front of European Court of Justice and the where Microsoft was actually fight find of 4 it's
anti-competitive behavior on the market of desktop operating system and if it's if he was involved as a intervener indicates that represent interest of free software a so we argued and that there is an excessive under looking in EU institutions so despite all these efforts the
um by 2 does doesn't 16 the the vendor blocking still stays and steadily and that this is according to some data according to some um the most recent and study on on on the locking and ICT procurement and um so according to that study 52 % of all respondents among systolic restrictions have experience vendor lock-in and even though and with the and awareness of the problem is high but within the public administrations there's still feel almost powerless to question any alternative software end of solve the most and Dr. occurring of vendors that that institutions are buying art and Microsoft oracle ICP windows so that's what they required to acquire the and so but that
meanwhile the world outside of the EU is changing and and result here is everywhere ends that it's basically gone over look at and because of the nearly universal softer development practices so you have to somehow address that topic and so what is the key and the success you questions and uh so it the reaction on the little has to b has to follow and the most the 1 of the most like interesting documents and the most recent ones is the Digital Single Market strategy but which was adopted last year and that and is the number initiatives with different legislative and political the reforms on the level like how to how Europe can become and ICT the leader on a global level and so get so you tries to identify like these key areas and from freeze off the perspective um the most steak important for for free software are then the standardization policies in the EU identifies that's the priority areas in standardization ardent clouds Internet of Things Big Data cybersecurity and 5 t so this is a priority for him for the EU until the end of 2009 the the and how to implement that those policies um he also identifies 10 and a couple of them instruments and this is such a initiative on appeals to station drawing part for ICT standardization and in your program and European interviews and interoperability framework so any 1 of the most thinking so 1 of the most interesting areas like have documents within this is the and another communication of which is from April this year and actually make some some some noise in the community that's and um from still society and I had a little bit in the media because of its and the contradictory nature and um so and it actually include some really positive aspects from for for freeze after so here we have like acknowledge that before EU was only focusing on free software as a part of internal strategy that was not supposed to go outside of the IT department but now we're talking on some like a more general policy objectives that might even somehow be reflected in the law but yet when I was and so um yes so distant isation parities assess that proprietary solutions can hamper the potential digital single market and that we need to common open standards and that we need to make more use of of the substance and that is also for I staying so as to say that there is an open platform approach and to the multiple standards and also in in data and the same that's the that's all the good positive steps that but it sort of course it's not always as good as uh the use of from the beginning so that's just
a little room in a little S over there's no clouds but the Commission says there is and
that there is 1 of them like them you are flying knowing meant something that that that despite all this good stuff commissions as before but it bases its standardization policy on front licensing and that is unacceptable for these authors so why he is from bad phase of the cell coming from tired and so cold fair reasonable and non-discriminatory terms to licensed standards that are essential not patterns slices patterns research essential for standard implementation so standards this is this is a common on within the industry and and and it's contains in specification which is protected by copyright but it can also includes references to bandit ecology and in order for a project are implemented in our company to implement the standard it needs to acquire the less the part the pattern licensed and this is how also
and industry has resorted to this practice is mostly in telecommunication industry and saying that OK like you have to you as a patent holder have that right to restricts year at the standard implementation and you have to license it so it so it's and accessible for everyone then on this very reasonable non-discriminatory terms but the problem is that as licenses these from licenses are negotiated in secret it is very difficult to know what is fair amongst industry and what is reasonable and what is non-discriminatory and for that reason front to licensing practices where you were far mostly and very often used as a an anti-competitive a tool to abuse the that pattern hold that and there have and I have so that's right it's not favorable in general but it's
also especially not so acceptable for free software because I it goes against the and the licensing terms of where and how the Austria distributed to so to so the the problem is that it's some what an exclusive license which means that OK you only negotiated once with particle implemented but the other the other implemented horse implement the same topology has to go again to the same patent holder and it's negotiated again and it also includes usually um requirements to on parodies of course but the upper copy and free software it's it's it's difficult to calculate because various because the mean this just the licenses non-exclusive and the distribution is not limited to so the inclusion this is why if not suitable for free software so what can be solution um the Commission and also because the user doesn't know what is front end on I mean it depends on the own on the negotiations there is a possibility to define frowned on EU level so it's acceptable for free software and that is really really like criminals all this restrictions and so let problem that is not fun anymore and it's a restriction-free licensing which is already in use for software weapon interest standards and the reason why Internet is whiskey functioning and so the yes so that's so that's about france and as we are I already that briefly said that the opinion interoperability framework and it is and is 1 of those instruments to implement the stimulation policies then itself we have so let's take a look look into that and so it was the 1st and it adopted as an official guideline of for public and like within you and it was a really interesting document because despite of his official status the it's actually said an example for Members national policies and at noon and include a very nice progressive approach in that time for open standards it was actually requiring that In in order to ensure interoperability the double standards and need to be promoted In this and also the licensing policies for our work were quite a quite good in this in this sense for for open standards and get free software and of so into doesn't 10 the of you in the Commission thought that you know it's a it's nice nicer communicative from also be sort of like lifted upon from being unofficial 2 or more official status n at that included a massive lobbying and so that the document who was completely changed and the open standards for India and not called open standards and difficult up specifications which is misleading term because it would be I mean it only reflects the specification back to show where the respond before and and it doesn't address other issues and it's also like it's it's just watering down the existing its existing common a common known terms the and it also introduce 1st at the front of the chest in the world this upon and on the surface of the identical and then to find the evidence of the based and indeed leaked draft from European Commission and the lobbying groups positions that were handed so does just like a screenshot from that take that you could see that the
problem yet the the parts which just the exact copy paste from the business or so and comments that are submitted end then the the draft so they just like how
commission just the 1 instead of as being impartial and yes so into Dallas 16 European Interoperability Framework is begin on agenda the soul take action is going again through a 3rd revision and on the problematic parts are still there so they're still taking basically the same approach as in the previous version that of there is no reference to open standards and found also from the wording it seems that they some that the document is being given more left to like even more stronger language is used that because they already is talking about help Member States should implement that which is a bit like to strong language for for such documents and the use of sorry here but is a source quickly occasionally at goods are you what would like to have them in the in the end but they're going and that the the whoa that and if in books was 1 of the of and the 2nd was at the time of official characters are was in for and what this has been going yeah this normally OK incentives Ank??han thank you yes so yeah so it doesn't then it's be it became from like more and more internal documents it became the it became an action initiative which means that OK so this is an official document from from the EU and even tho it doesn't have any legal because it's not so so these all policies that are basically they used to shape the existing laws in in the Member States but it it took basically like if Member States would not implemented nothing will happen because it is easier if laws not implemented the European Commission gives state before a pink or the fastest but in this case then nothing will happen they can just issues on recommendation being like PS please because you know and there's the supremacy of of this policies but Indian Indians lemma states are free to do whatever they want so the but the problem is that like it you could see that it's tragedy becomes more and more binding and that's why later that's why we should care about that because we don't want this to end up in the law if a court if it goes wrong with because they're so that's basically the question so the problem with the what happening now is the only in voice in 1 draft version the and it's just a speculation so far like that's why we need to act like when it's still in a draft rather than deal with the consequences later so the up so that that yes so far from so it gets 2010 it became an official document for it was on official this is the internal then it was on the official documents which is already in initiative and they also we select studies on and then see how Member States and this scored them according to the OK how much of that you amended in your state like a they they can't legally do anything but I mean it depends it the defense in a member state like how if if if if the you come of to study shows that they are lagging behind tigers Member States see OK lagging behind that you should do something so it can only depends but down but it's still like me from from 2 does it in perspective it's still better to to shape its because specific in the right way because even if it actually becomes law then there will be difficult to do something when it's already adopted a as a directed for example or something like that then it has to be implemented Cancer wherever I hope I answered the question at yes and so and on
that note um but yes so the that's the language stronger and from 1 good thing about the draft right now is that relatively licensing is a preferred notion which is a good thing because rho anti-state eliminates from from the Royal 2 criteria but it doesn't know to address other restrictions that such licensing terms can impose on and Defries that for software distribution the end than he has so that's on the as
that's an integrated framework so this is the single market and the Zermelo initiative that they in the rest framework is a part of but I think it's easier to understand why it affects software part because it deals with such questions as ICT standardization of technologies uh but never come there we will come to an actual a long
that is already adopted in enacted in end of can have a new and more impacts on free software than the previous instruments we were talking about because be policies but now we're talking about the radio equipment direct this end so how we get to know about that was actually a a little I had a little accident I because of your following the discussions in the in the S. uh which um we're talking about introducing some arm and dangerous softer compliance regime ends that we we saw that the giver gonna look into our laws and apparently is turned out that because we didn't follow the policies and like non-binding documents we actually missed out that parts when yeah when when something dangerous was introduced into the into the loss
end of analysis then the radio equipment directive which we call regional down directive and of self and build background about that and so i it's attractive fission is that it's a law ends as I member States have to implement that and so if that's not in the hands in the nation and national but it can be commissioned can consumers shaped and as I and end up but still it's so that was adopted
in May 2014 and it affects of old devices that can send and receive radio signals so through Wi-Fi move approach appears and its main purpose was to harmonize the system so there was already existent and another directive before that and but it will it wasn't hominid like it was it was implemented it's on in the Member States in states were yeah I was just reading link their own rules and solve for that for the harmonization purposes now this new directive was introduced and sperm so the last Member States had 2 years to implement it and as so it was not this year not to fire some time ago and bound but the problem is bad it's actually introduced the dangers requirements still 4 to for safety and security reasons are and is basically put an obligation on on device manufacturers say that I to ensure that because the combination of hardware and software and make a note is so it gets so I mean how you out so this and so they're basically saying that the but if for security reasons you can only put this but you have to show that the software that can be put on that pile hardware is safe and that means that is just puts a a disproportionate obligation and device manufacturers still test every possible hardware soldier combination and yes it other case this is secure and this is safe and that basically creates a very dangerous situation where in fear of being reliable for for for some minus safety critical and book or something then they were just make sure that know like not known the ability to alter it can be and to people on the particular hardware and um so that's Indians means that you can use
syntactic author and on mobile on such devices extruders Wi-Fi cards and basically all the Internet of Things devices and add di was 0 then all justified for these security research and but it turns out that the installing alternatives offer actually helps increasing the devices security and it also puts a very strict obligations that is unnecessary for such products as would or a laptop which has a limited trade output power and so it's a it's a very of the obligation and it's now I mean it's also again as low as being the general but it it's it's basically still creates that and the back act on the internet and loss and
but there is something that we can still do despite it being already an official order has to be implemented in a so the problem with this uh obligations that it is a new 1 and it hasn't been introduced a desert has introduced before according to the previous directive into so how to implement a particular obligation in the Member States it's for the 1st Member States urge to decide because this directive but also and the European Commission has to has to come up with that like an additional delegated act a OK these these devices usage you check for
that compliance others not end up so and these acts has have not been adopted in the so if you if these acts could be somehow be influence than than there is a reason to abstain from this changes the impact and has over the are again for is that in the Member States on the Member State level but yeah 1st that the delegated acts should be done right and that the Member State level and this should be an exception for free software the say that it's OK to put free software aware for a widespread in critical consumer devices saying that became these particular do not critical infrastructure devices should not be in fact it at this because it's severely hampers consumer choice and competition on the level as so of whatever city
has done is that we publish 3 was 1 of the 1st 2 or um draw attention to that and he published a joint statement of know before which is published information page and many of whom companies and organ other just came to us saying that OK you mean that's something that we should also look into and can somehow supported and then we came up with the joint statement so it's still open to signatories and if you feel like this is something new 10 to the I should have an impact on should ditch change a new level and you want to have like more of voice and 2 at put more weight was into it benefits assignments and this is just 1 of the few of companies and organizations for decided to our and we have as there so a they are and the also in many other and you can stimulate the check the 1st link and see all the other organizations and so they are and pretty quick today and now has so if you want to support us in this area spend breaks and our goal is then to make sure that the dome is anything important for free software on the level then the shoes of strips you 1st maybe subscribes to our newsletter because any the updated on what's going on in meals have always an action and action item them so they went and act upon and try to their member opium parliament or something that and for you can also order promotional material and spread the word about as well and if it just don't have time for that then you could always a supported many and the needs yes so I like can always of many now is there something some topic on you would like to draw my our attention and by by is still this is a part of like we always need of like technical expertise are easily that and thanks but then um again I open the floor for the gracious and questions and answers thank you for and I
the when a and a but 1 with no more than k now you can learning the ruling ruling need your system the world most search the user and your assuring the government you wouldn't and exemption the world's 1st 1st known about given that the Americans have when 1 was released on and Vice-President will work alone only when using the they'll still will make exceptions In a large levels of the 2 year run over opera opens world learning this is therefore limited for durational work 3 countries in the EU war will was to countries in the EU would they make a separate version for you and the there is yes there's also actually there's been some a case already in US I think it's somewhere in the beginning of August about that uh it was seen as is about like P link and that it was exactly for the same requirement of suffering and the sort of another compliance and I want to hold the so the court was saying that the stresses of sperm should not be hampered by that but they still I find going to be liable which is a little bit like OK so so that actually is it's a good question but I I mean that the problem is that laws are different everywhere and even despite the me and the manufacture section nobody is still acting in every different country according to the country lost so OK this might not be that in US but it might that it still might be in Europe so laws not universal soul I mean and manufactures have to abide by the national laws so I would say that there is amenities that that that that some pointed the various hope To make a bet on of but the machine you should care about that yes yes MIT would you aren't thank you find very much for it or anything wrong in 3rd signing a little bit the and you you level and long when all of the concern about the law and stuff like routers like that are basically you complete each 1 of you just machines and so they're basically the same as the test and also and we have also reduce the phases of the moon whatever so could those relations also in have an impact on even failed on laptops for example OK at of present the only fossils also went on and on and on that network equipment and a at this yes exactly so this is also what our concerns because of it because of the wording of of the directive is so vague that all the cases can in under that and this will make it makes it so called because concerning because before before that we did not the requirements and also that we have that and that's why it's really and so it's really difficult it's like it to say whether was that because he was unaware on what of this can get can can bring or it was something there that some some the 2 lobbing went yeah to fire at some point yes so laptops this book smart phones voluntary that the crazy and has a you know that with a I'm not sure how much is smartphones because in the past that and will be any engaging with ideas stuff and that's a moment say a on the run you are using a lot of something as something similar and you have finally far and was in my view interface and then was of you're interfaces thank you have denied Moses arguing the new stuff so or minimizing smartphones and news about any bet so that you get revised because of the regional in notebooks atleast so that all writership sets original and makes so is the what his stuff is not sold this some kind of lean on uses of ready find the and has sink nodes the harmonics the and what the new and Internet of things nonlinear don't have the after and the amount of nation and that's a moment as smart phones are usually the footnote deserves a and better not as the money is 9 FCC environmental science so it's OK according no relation OK so and I know not accept through changes in working so that and that's where we use them not as a country where most of so you know can talk and checked in this for fields and when agents or it might be you know find out rich countries and isn't but I find this is the relations that's a complaint as written plainly yeah and yes I Ch 1 think and I'm interested in the case of with the English and the development of the law and from the this uh the free software foundation the only organizations that have could could genes that prevent it uh and than with the at what I know some non government FIL to modernization serology and then he also wasn't yes actually with the R D a B were the 1st ones to publish anything on that so and as much as up to orders uses cytosolic yeah we missed that so it's it's really it's it's really because of its uh highly technical nature and the fact that this is not a trending topic on privacy mass surveillance something like that which is usually most of the digital rights organizations are focused on and yeah and also like other vs of 3 organizations are open source free software organizations and they're also of like overlook that and that's a really unfortunately fortunate it's it's really it's the site is like no 1 could it even makes see that before a slower and more yeah like because in US to those more media attention to that and everything like this and in our case in in Europe it was just passed like that sold and they were the 1st ones when it is already quite late in my own makes silently exactly who that's the lesson best lesson we learned From this but we introduce a at last minute somehow who have In his thank you and thanks to the next talk but only we were uh not in this room is mentioned the schedules of descriptions and therefore the things and just 1 1
last remark before before you go I my colleague max Mill would give a talk about the RID and propose orders campaign in Germany
and if you're interested in more details about the then it's a good 1630 in the 1st row yes thanks
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Metadaten

Formale Metadaten

Titel DSM, EIF, RED: Acronyms on the EU level and why they matter for software freedom
Serientitel FrOSCon 2016
Autor Malaja, Polina
Lizenz CC-Namensnennung 3.0 Unported:
Sie dürfen das Werk bzw. den Inhalt zu jedem legalen Zweck nutzen, verändern und in unveränderter oder veränderter Form vervielfältigen, verbreiten und öffentlich zugänglich machen, sofern Sie den Namen des Autors/Rechteinhabers in der von ihm festgelegten Weise nennen.
DOI 10.5446/32463
Herausgeber Free and Open Source software Conference (FrOSCon) e.V.
Erscheinungsjahr 2016
Sprache Englisch

Inhaltliche Metadaten

Fachgebiet Informatik
Abstract In the coming years, the EU is determined to bring its industries to the digital market and acquire a leading position on the global tech market. In order to achieve this ambitious goal of allowing Europe's "own Google or Facebook" to emerge, the EU has come up with several political and legislative proposals that obviously cannot overlook software. Three or more magic letters combined in an acronym have, therefore, the power to either support innovation and fair competition, or drown the EU in its vendor lock-in completely. The terms "open standards", "open platforms", and Free Software are being used more and more often but does it mean that the EU is "opening" up for software freedom for real? My talk will explain how several current EU digital policies interact with Free Software, and each other, and what does it mean to software freedom in Europe.

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