Without Prejudice

On reading and attention

A tweet from productivity guru David Allen caught my eye

>>Reading W. Gallagher's new book "Rapt"- latest research on attention. Good stuff, esp. Chpt. 7. http://bit.ly/RNIhj>>

Firstly, it's always fascinating to find out what people are actually reading on a day to day basis (as opposed to listing what they would like to read or what they want other people to think they are reading) but secondly, because the business of "attention" and "focus" for want of a better word is increasingly important in world of multiple inputs whether they be online or offline. I know from my own experience that concentrating if bloody hard work, much harder than it used to be and whereas part of me puts it down to age, there's another part of me that knows it's really only a question of practice and habit. 

It's the same sort of thing as "summer holiday reading". We all feel entitled to go off and read "easy" literature over the summer, as if the "hard" stuff is really work, whereas the obvious thought is that we should be reading hard stuff that requires out utmost attention when we are less distracted and busy. Matthew Taylor, the chairman of the RSA touched on this when he talked about learning poetry off by heart while he was on his holiday. 

And I came across a piece in an old Guardian by Andy Beckett headlined "Have We Abandoned Serious Books" - which is worth a read in itself- in which he quotes American scientist Maryanne Wolf who shows that how we read and what we are easily able and therefore willing to read is not set but depends on the kind of texts we are used to interpreting. He quotes her from her book "Proust and the Squid: The Story and Science of the Reading Brain"  as saying:

"I do wonder whether typical young readers view the analysis of text and the search for deeper levels of meaning as more and more anachronistic because they are so accustomed to the immediacy ...of on-screen information". 

Beckett acknowledges that may be too pessimistic and talks about publishers thinking the "noise and immediacy of the web" making the slow, quiet immersion in a book seem more, not less appealing. Whether that applies to the young, he doesn't say, but even I know that it's one thing to buy worthy books, especially non-fiction ones, and something completely different to read them all the way through.

Wally Gimber

The Dulwich Paragon cycling club (of which  I am a member) put on the the Wally Gimber Road Race down near Tenterden yesterday.  I'd offered to help and was asked to go into lead car 1, which was fine by me and I spent a very pleasant afteroon using the radio and chatting to David, the driver.  I'd never actually met David before, but as is true with most of the more "mature" cyclists one meets,  there was a bit more to him than simply being a bike rider.

I'd never done any lead car driving or co-piloting before, but you don't get a very clear view of the race because lead car 1 is always in front of the first riders. In effect, that meant we  were always ahead of whatever break was off the front in the race. I don't think I actually saw the bunch once, in just over three hours, which is a good indication of how aggressive the race was.

Of the Dulwich Paragon riders (David Jones took the  picture of the full team), Daniel Felstead did well to bridge across to the break in the penultimate lap and came in 14th - just at the back of the leading bunch of runners which included Stephen Saunders (nice to see Stephen riding well  - report on his blog) and Rob Enslin, who I don't know personally,  but who was charming enough to thank us for helping out.

 It's easy for forget how much effort goes into organising these races, and even for the most relaxed of helpers (i.e me), it was a whole day  (out at 9-30am, back at 5-30pm) which just goes to show how much more  is involved in actually putting together the whole event.  Maybe, now that I've helped, it's time for me to start racing again. Not that I could ever imagine staying with a race like yesterday's because 70 miles in three hours is shifting seriously fast.

There's a full report on the BCF website with more on London Cyclesport.

The assignment of copyright in bespoke software.

A company that commissions bespoke software from a developer won't necessarily own that software unless it agrees clear contractual terms. The most recent restatement of this important principle came earlier this year when the Court of Appeal dismissed a claim by Meridian International Services Limited that there was an implied term that the copyright in bespoke software should be assigned to it.

The case, known as Meridian International Services Ltd v Richardson and others, makes for interesting reading. It's a story about software developers who fall out with each other and never formally agree in writing who owns the financial forecasting software which had been developed for the Consumer Healthcare Division of GlaxoSmithKline.

Both the High Court and the Court of Appeal found that the software, known as StratX, belonged to the actual developers who wrote the code, rather than Meridian who had won the work and asked the developers to do the build StratX.

After reviewing the background which included the evidence of unreliable witnesses, the "phoenix"-like rebirth of Meridian International Services Ltd, immediately after the insolvent demise of Meridian Associates and the tangled web of the financial arrangements that existed between Meridian and the developers, the Court found that it could only imply terms into legal contracts when it was "necessary", and in this case they didn't think it was. It's a reminder that courts can only ever imply terms into agreements when they are "strictly necessary" and not just convenient.

Meridian had argued that they had to own the software not only because they wanted to be able to sell it to other customers, but also because it contained "confidential information". The Judge in the High Court, and supported by the Court of Appeal, took a very different view. Since the software was bespoke it couldn't really be resold to anyone else, unless their processes were identical to GlaxoSmithKline- which the judge commented was an "unlikely eventuality".

As to the idea there was confidential information in the software, the judge didn't actually agree, but mentioned that even if there was something confidential in there, then it could be protected as confidential information and that didn't mean the court needed to imply a term that the copyright should be assigned.

Aside from being a useful reminder that the courts are always reluctant to imply terms into agreements unless they really have to, the principles of copyright ownership are unchanged:

 

• The author of the work (or his or her employer) is the first owner of the copyright;
• The position is not changed simply because the work was commissioned;
• In any commercial transaction involving the development of bespoke software, there needs to be written agreement about the ownership - and assignment - of any copyright.

Post script:  I have linked to the High Court judgment of Mr Robert Ham QC in the body of the post, which as I have said, provides an interesting (even dare I say it, entertaining) read.

There's less detail in the Court of Appeal's judgment which is here. Plus there's also a note of the respondents' application for security for costs which was held before the full Court of Appeal hearing. The respondents (i.e. the actual developers of the software) would have been keen to ensure that if Meridian lost on its appeal, they would be able to recover their costs. It provides information on the high costs involved in this sort of litigation, with Meridian ordered to provide security of £53,000.

A Lucky Break

Well, it might not look like a lucky break but managing to stay upright when my handlebars snapped on my way round London's chaotic Elephant & Castle roundabout during the morning rush hour was something that I think I should be grateful for. I'd hit a pothole and I immediately felt one side of the bike go soft, and I knew something was wrong. There's a lot to be said for hours and hours spent on a bike. You do get a sixth sense of when it's not working. I was able to pull over and then spin the last 400m into the office on one side. New handlebars now on order.

Glister, by John Burnside - reviewed by Irvine Welsh

I keep finding old newspaper cuttings of books I've seen reviewed that I'd like to read. All very old school, I know, but before I throw this review away and I am putting a link to it here, so that I can find it again. Irvine Welsh gives the book, published in May 2008, a bloody good review:

"...to call this existential thriller a "crime novel" is a bit like saying that Maradona was a useful footballer".

Definitely appears to be worth a look. Still in hardback though. Reluctant to break the habit of a lifetime and buy hardback fiction. There's always the library, I suppose.

Michalko Wisdom - Middle Managers and Geese

Michael Michalko on the encouragement and promotion of creative thinking in your organisation. Definitely worth a read.

HMRC Fails Again

Today was the last day for filing your tax return in the UK if you have been asked to file one.  You could  either do a last minute rush to your nearest tax office, or you could do it online. Except, that you couldn't do it online today because the website crashed. It shouldn't be a surprise to anyone. HMRC appears to be virtually incompetent, to the point of absurdity, for an organistation which such an important role in our society.   I assume it's underresourced and understaffed, and those people who do work there want to be somewhere else.  But these failings are not isolated occurrences.

On a personal level their incompetence has cost me greatly. More in terms of time than money, but it's frustrating nonetheless. In my case, they managed to create a duplicate record for me last year so that I was fined £100 for failing to file a return - when I had filed one. And paid the tax.

I eventually got the fine overturned, but the burden of sorting it out was placed firmly on me.  Logically, it probably wasn't worth the hassle, but I couldn't let it go. In fact, the hassle has continued for the past year as I have received conflicting information from two different tax offices.

I've even been sent a statement telling me that I don't owe any tax at all - nor do I need to file a return.  Except that I do owe tax and I needed to file a return. So what's going on? I assume that I am by no means alone in having to manage my own way round the idiosyncracies of such bureaucracy, but,  is there any reason why millions of people should be inconvenienced?

Dennis reported the problem with the HMRC website earlier today (with a credit to HMRC is Shite) and I see this evening that HMRC is actually granting an extension until tomorrow (Friday 1 February 2008):

HMRC’s Self Assessment Online filing service has experienced technical         difficulties today, which has meant that some tax payers have experienced         difficulties filing online. The system is now rapidly returning to normal         levels of service. A record number of 3.6 million taxpayers have already         successfully filed online.

HMRC takes any disruption of service very seriously and to reflect this         everyone who files electronically or by paper by midnight Friday 1 February         will be treated as having filed on time.

We very much regret any inconvenience this may have caused.

             

A great apology, eh? You'd rather they just did the job they needed to do, wouldn't you?

No panic, here, anyway. I filed mine on Tuesday, although I fully expect to get fined again.

Definition of a "Neek"

Do you know what a "neek" is?  It's a term of abuse, or so I am told.

There's a suggestion it's simply a cross between a "nerd" and a "geek" although it's fairly clear that the definition of a "geek" is a bit of a moving feast.

Either way, I tend to think of it as complimentary - as in the "neeks" will inherit the earth rather than abusive. But then I don't hang out in playgrounds much. If at all, truth be told.

The Urban Dictionary, of which I have never heard until it came up twice today, attempts to provide clarification. Just in case you were wondering.

50 Things Learned

I've been thinking a lot about the politicisation and personalisation of the concept of happiness. I plan to write a bit about it, because it seems to say a lot about the way we direct our lives, certainly in the developed world.

Along the way, I have come across a blog written by Gretchen Rubin called The Happiness Project which I really like.  I suspect I was directed to it by Bob Sutton, whose current work seems to be tangentially about happiness.

Gretchen points to a post by a guy called Erin Zorn, detailing the 50Things he has learned in 50 years.  Whilst I am not 50, I am a damn sight closer to it than I ever imagined possible, and I suspect that may have prompted me to investigate what a middle aged man makes of his half century.

I know some people hate lists, but I don't mind them. I am not sure I agree they "distill life's wisdom" as Gretchen suggests,  but there's certainly something in them.

Erin's list will have you thinking, whether you agree with him or not.  There's a fair bit  I can agree with, some bits I am equivocal about, but this, I just can't accept:

Four things that most people think are lame but really are a lot of fun: barn dancing, charades, volleyball and sing-alongs.

Actually, I don't mind volleyball, but barn dancing, sing-alongs and charades?  Not me! Not me, please.

Tags and Cyclists

No, I am not talking about the tags that get appended to blog posts and drive Technorati and Del.icio.us - although lord knows, I could do with knowing more about those. I am talking about wearing or carrying some sort of emergency card or tag when I'm out riding my bike.

I am not trying to be morbid. Just practical.  If I am in the middle of knowhere, and I have an accident, how are the emergency services- assuming they get to me - going to know anything about me?  How will they know who to contact? Who I am?

Out riding early yesterday morning, I tried to apply my mind to what they might need to know. 

My name?  I'd have thought so.

Partner's name and contact number? Again, pretty useful, to be contacted in the event of an emergency etc.

But what else? Is my age relevant? Do I need to say I am not allergic to any drugs - as far as I know? Would they need to know my blood group? Do I know my blood group? How do I find out what my blood group is.

And what would this "tag" look like? I imagine some plastic covered business card affair, but where would I keep it?  Where do emergency services  look for this stuff?  I had about six pockets yesterday - inside and outside. If I am on my back, you are not going to get into any of them.

I also remembered that Steve Cram started up some tagging idea after his brother had an accident and died while he was out running.  Of course, like most runners, he wasn't carrying any identity and nobody was able to identify him and tell his family.  A quick Google and you can find his Cramtags on the Coco website.

The thing is, they won't really work for a cyclist because cyclists don't have laces and then you are back to the pocket problem.

Maybe I should ask Tom Reynolds over on Random Acts of Reality.  It was reading his blog that prompted this line of thought.  It's the sort of thing that would be useful, I reckon. Not that I am advocating everyone should carry one, or anything like that. No, all I want to do is make sure that time isn't wasted and the right people get to know if anything ever happens.   Certainly worth looking into. And if anyone has any ideas about what to do, then please let me know.