Ten Blue Links, "Gnarls Barkley is innocent" edition

1. Just because we killed you doesn't make us liable

Dr. Kanokporn Tangsuan died after eating a meal at a Disney resort. Her family claims this is down to an allergic reaction after the restaurant allegedly failed to label their food properly. So far, so tragic — but tragic in a completely normal way. What makes this incomprehensible, though, is that Disney's legal team have decided that a clause in the Disney+ streaming service's ToS — which one of the plaintiffs had trialled a few years ago — means the case can't be tried in a court. While this sounds extreme, terms of service are chock-full of this kind of stuff, all designed to create a parallel legal system that's easier for large companies to game to their advantage. Not content with having a legal system that's inherently rigged in their favour thanks to costs and their ability to lobby to have laws they don't like watered down, companies are trying to avoid any legal responsibility. Truly, we live in feudal times.

2. But wait, what's this coming over the horizon?

Finally — finally — though, big companies are getting held to some semblance of account. Last week Google found that just because you're acknowledged as the best product doesn't mean you can also pay potential competitors to ensure they don't challenge you. Cory Doctorow's talk at Defcon 32 outlines what's going on, and why regulation and law is the biggest sharpest tool in the box to ensure a competitive landscape in tech and elsewhere. Required reading.

3. You all know who Stanley Baldwin is, right?

Baldwin was the British prime minister who finally stood up to the press barons in the UK -- and won. That's a lesson today's leaders, including Keir Starmer, should take to heart. This article highlights European Commission Thierry Breton's public letter to Elon Musk as a similar moment. It is, of course, only part of Europe's ongoing campaign to make big tech companies actually follow the same laws as everyone else. You might agree or disagree with individual actions, but if you don't believe that companies should be subject to the law “without fear or favour” then you probably shouldn't keep reading this blog.

4. “Associated fees”

I genuinely try not to include yet more Apple-bashing every week, but — oh Tim! – they make it really hard for me. Take the announcement this week it would finally (I'm using that word a lot this week) open up the NFC features on iPhones to third parties globally, allowing them to create payment systems which don't have to go via Apple Pay. Yay! Except… “to incorporate this new solution in their iPhone apps, developers will need to enter into a commercial agreement with Apple, request the NFC and SE entitlement, and pay the associated fees”. What fees? Who knows — Apple isn't saying yet — but the idea that a developer can do anything at all on the iPhone without paying the company even more money seems to be one that Tim and the boys can't accept.

5. Double Cory

Another thing I try not to do is link to the same person in a week, but in addition to a great speech at Defcon, Cory Doctorow gave Apple a well-deserved kicking over everything that I seem to write about every week. And it relates back to the sad story of Dr Tangsuan, too. As Cory puts it: “Apple doesn't oppose regulation; Apple loves regulation, so long as they're the ones doing the regulating. They want to be able to shape and define the digital market, backed by the power of the state, but without any input from the state. In modern corporate orthodoxy, the state is an enforcer for corporate will.”

6. Who controls what you see on the web?

Another of Cory's concepts that I like is the idea of a web browser as user agent. It's a piece of software designed to show you the web in the way you want: with or without ads, text-only with all the crap giant images stripped out, or whatever. I was thinking about this when I read Nick Heer's article on the way Google is taking increasing control over the way that search results are represented on its site. As I have written before, the AI answers which are now infesting results are not only hard for publisher will become the default click for most users — even if they are generally pretty bad results. Currently there are many ways to get rid of them, but I doubt those will last if Google gets its way.

7. Damn, I want one

Ars Technica has a long (of course) review of the latest Framework laptop, and it makes me want one. I'm 99% sure that my next computer will be a Framework because I adore the concept of being able to easily upgrade everything on it (and reuse parts elsewhere). One impressive thing about the new model: compared to the original, you're getting roughly double the battery life. It's still not MacBook Air level, but it's close enough for most people.

8. The early history of CP/M

Annoyingly I didn't note down where I found this (if it's your site, please let me know) but this is an amazing article by Gary Kildall, who wrote CP/M, on its early history, from a 1980 edition of Dr Dobbs.

9. The later years of Douglas Adams

Although Douglas Adams was MacUser's first inside-back cover columnist (and owner of the first Mac in the UK), and Michael Bywater was a regular columnist later on, I never realised the two were friends. Or, in fact, that Bywater was Adams' occasional ghostwriter when Douglas was finding it difficult to get motivated. Parts of this article reference events I remember, particularly the launch of Starship Titanic, but there is a lot in it that I didn't know.

10. The NSA is refusing to release a historic video of Grace Hopper

Via Bruce Schneier, the NSA has discovered in its archives a video of a talk by Grace Hopper on “Future Possibilities: Data, Hardware, Software, and People” — but, so far, is refusing to release it. The reason is that the recording is in a tape format which they can't easily watch as they no longer have a player capable of working with it. That in turn means that the NSA can't view it and redact it (as, legally, they probably have to if it's an internal document). Of course, they could borrow such a player from someone else, which the NSA seems reluctant to do. This kind of information archaeology always reminds me of Mark Pilgrim's post from (crikey) 18 years ago: “I’m creating things now that I want to be able to read, hear, watch, search, and filter 50 years from now. Despite all their emphasis on content creators, Apple has made it clear that they do not share this goal. Openness is not a cargo cult. Some get it, some don’t. Apple doesn’t.”

Ian Betteridge @ianbetteridge