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Transcript of SFP#20: All about Device Neutrality with Lucas Lasota

Back to the episode SFP#20

This is a transcript created with the Free Software tool Whisper. For more information and feedback reach out to podcast@fsfe.org

WEBVTT

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Welcome to the Software Freedom Podcast.

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This podcast was presented to you by the Free Software Foundation Europe, the R Charity

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that it powers users to control technology.

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I'm Bonnie Merring and our guest for today's episode is Lukas Lasota.

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Lukas has a background in contract and technology law, and he's also teaching at the Humboldt

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University in the fields of civil IT and telecommunication law.

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Apart from this work at the university, Lukas also works for the FSFE as a senior project

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manager.

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At the FSFE, he focuses on several initiatives connecting law and technology.

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Among those, Lukas works for device neutrality and narrative freedom.

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For this episode, we will break down these topics and cover their technical background

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and their impact on society.

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Thank you so much for being here, Lukas, and welcome to the Software Freedom Podcast.

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Hi, Bonnie.

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It's my great pleasure to be here.

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Lukas, you also work for the FSFE, but where does your interest for free software comes

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from?

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Well, I'm a lawyer as a profession, and I always study different areas of law, copyright,

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patent law, and usually we take this for granted that the system works just on this direction,

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on this way, but the free software is truly a revolution on how copyright and patent

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law is in fact applied in society.

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So basically, copy left, for example, is a heck of the copyright system, and for me

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that was just a genius movement, and that's why I found the law, and I said, I need to take

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part on this.

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So you came to FSFE to a law point of view, so it was not a technical background.

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Like, you didn't think, oh, I need to have FSFE, so I can help to improve to software

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or other than able to use the software for anything that I want.

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It was more about how does free software and law interconnect, and the whole concept

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of copy left.

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Yes, and this is the beauty of the movement, right, because it puts together technical

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people, policy people, lot people all working for making software free, right?

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And that was the appealing part to me, that traditional institutions, legal institutions,

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legal instruments, were being interpreted and used in a completely different way in order

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to safeguard freedoms and not to restrict freedoms, and that was for me a game changer.

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Thank you for sharing this background, sir, Milukas.

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How and why did you join the FSFE?

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Yes, so after having this completed turnaround in my life, and I start thinking about what

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should I do now, I start researching about free software, and I wrote some legal articles

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on free software, and I started learning more, reading a lot.

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And in that term point, I said, perhaps I could also do it for a living.

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I could perhaps start working with it.

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And then in 2018, I saw that the FSFE was hiring, and I applied, and I was very proud

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and happy that they accepted me, and I have been working for the FSFE since 2019.

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That's quite a long time.

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Yes, it's amazing.

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During this whole time, what was the best thing that you can remember by working for the

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FSFE and connected to free software?

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Oh, this is a very hard question, because I have so much good moments, and I'm optimistic

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that I still have a lot of good moments, but I think that the community is a great part

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of it.

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Learning and with people that has a completely different view on things, it's really something

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different for me.

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I mean, I have learned so much in these four years that I say that perhaps I went again

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in the academy of life learning on how to control technology.

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So I think the learning process with the community has been the best aspect for me.

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I really like that, Lucas.

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Thank you so much for sharing this with me.

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So as we already established, you have been working for the FSFE now for quite a long

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time.

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During this time, what are the main areas you worked for, or the main focus you had,

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and did this change over the time?

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Right.

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So since my background as law, I've been working several activities in the legal and

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policy field.

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Together with my colleague, Gabriel, we facilitate, for example, the FSFE legal network, and

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we work also in several legal initiatives.

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One of my favorites, because I think this initiative can really change the landscape

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of the internet of the future, is the next generation internet.

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And we provide hundreds of software projects, help, and organize their license compliance.

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And for example, we help them implement our reuse specifications, and between other legal

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initiatives.

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In the policy side, I've been working mainly in helping people to control their own devices

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with the help of free software.

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In this regard, I've been spearheading the device neutrality initiative and the router-free

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to campaign.

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What is device neutrality, and what does this include?

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This is a fundamental concept, and to explain this, I would like to start with an example.

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Let's imagine that you have bought a smart phone, a shiny new smart phone, right?

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And you are thrilled to learn and discover all that your device can deliver.

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You want it to install apps, use camera, access the internet, run games, enjoy all that

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your equipment can perform.

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However, I think everybody who has bought his smartphones in the last years faced this

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problem.

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You begin to perceive that something is not quite correct, I would say, because in order

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to start your phone, you are prompted to create an online account for using this device.

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This is the first thing.

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Secondly, you start to perceive that you are limited in how you download or install new

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apps and programs.

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Perhaps you are allowed only to download new apps through the manufacturers or the vendor's

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app store or marketplace.

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Then you are forbidden to install 30-party software, or if you wanted to install different

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repository, for example, F-Droid, you are not allowed, and most weirdly, you are not

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allowed to remove pre-installed programs.

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And this is really a serious issue, right?

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Because you are not allowed to remove programs that are occupying the device memory, space,

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or training its battery, or even worse, it's proprietary and you don't know what the

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program is doing.

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So perhaps you wanted to change the operating system and you are not to do that.

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So basically, just to sum up, this sad example that I think every consumer today in digital

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markets are facing, although digital devices are ubiquitous today.

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The number of devices on which users cannot run free software is exponentially increasing,

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and the consequence is an increasing loss of control over user technology.

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So device neutrality aims to enable consumers and users, we, to bypass these restrictions

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and to use free software on devices.

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This is all the device neutrality is all about.

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So basically, the name stands for devices should be neutral?

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Right, so the concept of neutrality here, and this is not a concept that was invented

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by the FSFE.

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Device neutrality has been around for quite some time already in Europe, I, for example,

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already since 2013, 2014.

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There were already some movements in Italy to make this concept to reach a legislation,

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but unfortunately, it lost some momentum and track there, but also the academic sector

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has been working a lot in order to define in this.

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So basically, and the academic sector, there's a lot of studies in the last three years

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working on this, and they, they realize that manufacturers, for example,

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smartphones, manufacturers or vendors are even internet platforms.

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They control specifically, specific points in the device architecture or in the device

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infrastructure, that prohibits end users to perform the term functions of this device.

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For example, as we just said, it's not possible to install different app stores or repositories

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or it doesn't allow to, to uninstall, pre-installed applications.

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So basically, these manufacturers and these vendors are even internet platforms.

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They have a monopoly on the terms aspects of the device.

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And when they have this, this monopoly, they act as a gatekeeper.

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They have a weak gatekeeper function controlling these aspects, these elements of devices.

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And they can, I can put this, and they can discriminate, they can discriminate in what

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functions or what software you can install on uninstall or can run or not run in it.

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So the neutrality aspect here, the concept of neutrality is that, is to let users to run

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any software that they want in order to explore the functionality of the device.

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In fact, this sense, they should be neutral to what the device can do, okay?

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All right, so it should be my choice, what kind of software I install on the device,

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rather than the choice of the vendor.

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Right, of course, that when you buy a smartphone or a computer or a tablet or, you know,

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this kind of device is that we are using today, that usually I like to call,

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there are general purpose computers, right, that you can run software, we are kind of any free software,

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when you buy it.

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Well, there are consumers that want to have indeed software already running to it,

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that you can already start using it.

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Other users prefer to have only the device that they can install by themselves operating systems,

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they can, you know, adapt and to configure the device in ways that he or she wants,

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but it is a choice.

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Yes, so the device, since it's a general purpose computing, it has the capacity

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and this capacity to permit users to run the software that they want,

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especially when regards to free software, should be protected, should be safeguarded,

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and that's what we want with this initiative.

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All right, thank you so much for covering the basics of me.

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What would you say are the problems that users are facing if device neutrality is not a given standard?

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Right, so as I said, the manufacturers, the vendors, the internet platforms,

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the gatekeepers, this concept, they control crucial aspects of device operating systems,

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app stores, browsers, and perhaps even key online services.

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And in general terms, these gatekeepers, they achieve this control,

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they achieve this monopoly by a restricting software freedom.

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So gatekeepers limit or prevent users installing different operating systems,

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browsers that today is very important because we are using browsers more and more,

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we are spending more time in browser, using the internet and so gatekeepers,

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they restrict our ability to run free software, they restrict software freedom.

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But they also lock the device down, they hinder interoperability, for example,

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they exercise type control over APIs, they apply proprietary standards,

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they hamper functionalities and block access to drivers and hardware.

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And they also put end users and consumers inside silos, if we can say like this, if you will,

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and they increase switching costs of the devices.

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Gatekeepers keep users in these wallet gardens or in silos,

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they tie devices to online accounts, bundle app stores and hamper data portability,

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making it harder for users to switch software devices or event services.

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So basically these are the difficulties that consumers are facing with their devices nowadays.

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And how is the FSFE and especially you in this case, supporting device neutrality?

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Right, so first we need to understand the causes and we have been,

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yeah, as I said, using a lot of concepts that has been developed over the years

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by regulators, by the academic sector,

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by the free software community itself, because when we see today,

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there's a lot of free software alternatives that help users to have much,

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much more control over devices.

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For example, alternative app stores, alternative browsers, drivers and et cetera.

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And we had to adapt to the concept of device neutrality

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to and from the perspective of a free software.

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And we came out with demands when someone asks,

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so what the FSFE is asking for device neutrality?

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And in order to use is to regain control over devices,

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we think that device neutrality translates into a software freedom.

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Regaining control of devices requires safe guiding software freedom.

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Users should have the ability to install and uninstall any software,

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including operating systems and app stores.

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Gatekeepers should provide users the same access privileges

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to third party applications as to the pre-installed ones.

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So this is very important.

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But not only that, we are also against B lock-ins.

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We advocate for higher degrees of interoperability,

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why the implementation of open standards

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in the different aspects and dimensional of devices.

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And we promote easier access to APIs specifications

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and functionalities invoked by 30-parties apps.

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So, and we also the third point

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that composed our understanding of device neutrality

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is that end users should have control over data in their devices.

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So breaking monopolies over devices necessarily requires

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empowering users to control their own data on their equipment.

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That's why end users should be able to easily transfer personal data

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from apps operating systems and across devices.

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Most importantly for us, the formats of the standards

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that this data portability and this data interoperability

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should be, should abide, open standards

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and common interfaces for data transfer.

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However, all these demands, they are materialized

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in several initiatives that we have been running

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in the last years.

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For example, we engaged with European institutions

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in the legislative process of digital markets act.

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It's a very important legislation

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that entered in force last year.

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But we have been working with several decision makers

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and policy makers in order to promote

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device neutrality principles that I just mentioned in the law.

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And we were very happy to see that several of them

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were established in the law.

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So now we can say that device neutrality,

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at least in the legislative level,

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is already a reality in Europe.

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But we need to work further to implement this on practice.

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And this leads perhaps to one also a different activity

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that I've been working in the FSFE that is router freedom.

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And in this case, we now come to router freedom

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as this is the other campaign that you're working on.

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What is router freedom about?

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Could you quickly recap the connection to device neutrality

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for me and how router freedom came into life?

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Right.

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So as you mentioned, device neutrality is, although it's

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very simple to understand, the demands for it

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is just we require software freedom on devices.

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We advocate against locking, vendor locking

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in devices, and users should have control over data.

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These are very close, basic to the free software community.

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Because historically, that's what the community

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has allowed to do with free software.

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And free software power is usually

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to do this with devices, right?

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But the bigger the gatekeepers are,

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more control they have over the supply chain.

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And more control they have over those bottlenecks on devices.

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And that's why implementing device neutrality

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and practice is challenging.

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Because in the end, we have to challenge

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the economic and policy power of these very large

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and powerful companies.

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But router freedom is a very dedicated also initiative.

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Because it deals with a very basic level

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of device neutrality.

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We want that users and consumers have the right

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to choose their own devices when connecting to the internet.

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Period.

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That's very simple.

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So router freedom is that you should be able to choose

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your own router or modern.

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But even on this level of simplicity,

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at least conceptual simplicity, in Europe

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has been very hard to implement this.

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And router freedom has been running already for years.

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And we have been experimenting.

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And we have been engaging with policymakers, with regulators,

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in several levels, in the national level, in the European level,

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in order to make this a reality.

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We defend, we argue, and we advocate,

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that users should not be obliged to use only the router

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that the internet services provider gives them.

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And sometimes they give these routers to users,

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and they also charge for it.

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So they are making money twice with routers.

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And all that we want is that end users

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should have the ability to just buy their own routers

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and to run and to install free software on their routers.

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And because there are free software operating

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systems for routers, and that's all.

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And what perhaps someone can say, but is that important?

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Router is perhaps just this equipment

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that nobody cares is getting there,

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getting a little bit dusty in the corner of your room.

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But no, I would like to highlight that routers

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are very important piece of equipment.

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Let's put this way.

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Your whole internet traffic, encryption, backups,

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communication, shopping, writings, business

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interaction, and so on, are transferred over the internet

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through your router.

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So the router is your gateway to the internet.

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If your router is not free, your digital freedoms

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are like to be compromised.

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So that's why router freedom should be understood

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as quite important.

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And it affects everybody, because everybody

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or nearly everybody is using a router.

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And this is for, like, it affects a lot of people.

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And as you already said, it's quite,

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sometimes it's a bit hard to think about a router

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as something very important that you should run free software

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on it, because it is the device that

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channels all your communication.

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As I said, I completely agree with you,

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but that router freedom is not merely

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top for expect.

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It affects all of us.

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And the problem is, is that historically,

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internet services providers, they

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thought that the router would be an element

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of their own infrastructure.

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So it would be their equipment that they

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would put inside our own home.

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But it's not like this, because already in the 80s,

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this has changed.

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And as with telephones, already we saw in the history

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of the telecom sector, that telephones,

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they started to be understood as a private equipment.

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And people could change their own telephones that they wanted.

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And it's the same with routers.

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But I just wanted to point out that every time

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that new technology emerges, gatekeepers or telecom

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providers, they usually take a very restrictive approach

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to this, and they wanted to keep this equipment

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under their own control and not giving users control over it.

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So they always raise arguments of security,

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of integrity, of the network, and et cetera.

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But our experience has shown that the risks of end users

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using their own equipment to the public network

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is very, very low.

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It's very low.

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But the benefits for users having their own equipment

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is much greater.

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So basically, router freedom allows the router market

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to thrive, because with more competition,

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there are several types of routers that people can use

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and can adapt and can configure it to their own needs.

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So people can update the parentheses of the routers by their own,

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so avoiding security issues.

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So router freedom, in fact, benefits not only users,

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but benefit the entire digital ecosystem.

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It benefits the digital markets as well.

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So that's why with router freedoms,

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we invite internet service providers

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to take a more lax approach and to allow end users

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to use their own routers.

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But I would say that this has to be done through regulation.

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Because without regulation, the tendency

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is that ISPs, internet service providers,

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they take a very restrictive approach to this.

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We have been quite successful on this front.

27:39.600 --> 27:45.600
I must say, Bonnie, that on the regulatory front,

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we have been interacting and working

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with regulators all over Europe.

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And I'm happy to tell you that several countries

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already adopted router freedom.

27:58.040 --> 28:03.040
For example, Germany, the Netherlands, Finland,

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most recently, in last week, Greece

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has also started regulating router freedom.

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We have high hopes for Belgium, for example.

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So we have been monitoring the entire landscape

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and we have been working with regulators

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to tell them why router freedom is important,

28:29.840 --> 28:32.360
not only for end users' perspective,

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but for consumer protection, for competition,

28:35.960 --> 28:38.160
for sustainability, because users

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can use longer their own routers

28:40.280 --> 28:44.240
and not have to change device frequently.

28:44.240 --> 28:46.280
So these are mainly the arguments

28:46.280 --> 28:49.520
that we have been trying to bring to regulators.

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As you already mentioned,

28:53.200 --> 28:57.480
the status of router freedom is getting better and better.

28:57.480 --> 29:00.840
I hear that you also have a survey for this.

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Can you tell me a bit more about the survey

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and who can participate in it?

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What does it ask you for questions?

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Is it an expert survey or does everybody can take part?

29:16.680 --> 29:17.520
Right.

29:17.520 --> 29:21.880
So this survey has been running already for some time

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and our audience is quite broad.

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There is a question on the survey

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that you can do a self-assessment

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if you see yourself as an expert or not,

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but every opinion counts.

29:37.400 --> 29:40.760
Because one issue that we have been facing the last years

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is that even regulators, they don't have a clear picture

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of the problems that end users are facing with their own routers.

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And we wanted to change this raising empirical data

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to show them what kind of problems end users are facing

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with their own router.

29:57.840 --> 30:02.840
In 2016, a law on net neutrality was introduced in Europe

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and one of the articles of this law

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is saying that end users have the right

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to choose their own terminal equipment.

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And we have been working on this law to make this a reality.

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But the problem is with the teleconsector is that

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in order to implement this right,

30:25.120 --> 30:27.160
there is a lot of technical regulations

30:27.160 --> 30:30.960
that should be implemented by telecom regulators

30:30.960 --> 30:37.560
and sometimes they can take a relatively physical approach to this right.

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And we would like to avoid this showing them

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that there are violations of this very basic right.

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There's a violation of net neutrality

30:50.440 --> 30:55.520
when users are not being allowed to use their own routers.

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I'm happy to say that this survey is a success

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because more than 1,300 end users,

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so people all over Europe had took part on this

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and they have been related a lot of problems

31:13.600 --> 31:16.080
that they have been encountered.

31:16.080 --> 31:21.440
So this has been very helpful for us to trace

31:21.440 --> 31:23.160
and to map these problems.

31:23.160 --> 31:27.680
But we also ask them if they think that router freedom is important

31:27.680 --> 31:33.760
and it's quite nice to see that more than 90% of the respondents

31:33.760 --> 31:36.680
said that they think that router freedom is important.

31:36.680 --> 31:38.600
Router freedom is important for security.

31:38.600 --> 31:42.040
Router freedom is important for their old questions that we put there.

31:42.040 --> 31:47.680
And so yeah, these are the results of the survey

31:47.680 --> 31:53.760
that we are planning to publish in the coming weeks in the coming months.

31:53.800 --> 31:57.560
But are the next steps for router freedom?

31:59.520 --> 32:06.520
Right, so yes, it's not a given effect nowadays.

32:06.840 --> 32:10.320
So we have a lot of work in front of us

32:10.320 --> 32:15.320
and we will continue to work on this in the years to come.

32:15.320 --> 32:23.320
So a device neutrality, as I said, it became a reality just last year.

32:23.680 --> 32:26.600
And a legislative reality, I would say.

32:26.600 --> 32:29.440
But as I just mentioned with router freedom,

32:29.440 --> 32:34.440
there was a law in 2016 already grinned in this to end users.

32:34.440 --> 32:39.680
And in 2023, this is not a reality still in Europe, right?

32:39.680 --> 32:44.240
So it requires a lot of engagement of civil society actors.

32:44.240 --> 32:47.120
It requires a lot of work.

32:47.120 --> 32:53.120
And that's why I think that the type of efforts

32:53.120 --> 32:59.200
that we are making within the FSFE to make this reality,

32:59.200 --> 33:03.440
yeah, it's something that we need to keep doing

33:03.440 --> 33:06.480
and not to take that for granted.

33:06.480 --> 33:12.720
And is there anything that people can do to participate

33:12.720 --> 33:16.520
and to support router freedom or device neutrality?

33:16.520 --> 33:18.520
Absolutely, absolutely.

33:18.680 --> 33:22.800
So I'll start with router freedom.

33:22.800 --> 33:26.560
So router freedom, you can participate,

33:26.560 --> 33:31.560
taking part on our survey, the link is on our website.

33:35.160 --> 33:36.400
You can...

33:36.400 --> 33:37.600
And in the show notes.

33:38.640 --> 33:44.640
Yes, and help us understanding better the situation on our country.

33:44.720 --> 33:47.560
There are countries that we have a lot of information already,

33:47.560 --> 33:52.000
for example, in Germany, are in other countries

33:52.000 --> 33:53.800
where router freedom is a reality.

33:53.800 --> 33:56.320
But there is too room for improvement.

33:56.320 --> 33:59.160
So we really would like to see engagement from people

33:59.160 --> 34:00.760
from other countries as well.

34:01.840 --> 34:06.160
And you can talk to other people about it.

34:06.160 --> 34:10.760
You can, for example, if you know how to configure a router,

34:10.760 --> 34:12.920
if you know how to use a router,

34:12.920 --> 34:16.320
perhaps you can talk to your colleagues, to your friends,

34:16.360 --> 34:20.880
to your family, that perhaps they should update the router

34:20.880 --> 34:25.880
and to have a router that is perhaps more suitable to them.

34:28.400 --> 34:32.840
You can also support us, right?

34:32.840 --> 34:36.320
In our work, you can translate our texts.

34:36.320 --> 34:38.320
It's the same for device neutrality.

34:38.320 --> 34:43.120
So the situation with device neutrality

34:43.120 --> 34:44.480
is a little bit more complex

34:44.480 --> 34:47.280
because when you buy your smartphone,

34:47.280 --> 34:51.200
sometimes you are not allowed to do that.

34:51.200 --> 34:55.360
But if you have this ability

34:55.360 --> 34:57.920
with your device to install free software,

34:57.920 --> 35:02.560
please do so and help free software projects.

35:02.560 --> 35:05.960
Install FDroid on your smartphone, for example,

35:05.960 --> 35:09.760
use more free software on your devices.

35:09.760 --> 35:12.360
Install, try to install perhaps

35:12.360 --> 35:15.800
a free software operating system on your laptop,

35:15.800 --> 35:18.640
contribute to this project,

35:18.640 --> 35:23.240
in strength of the community, spread the word

35:23.240 --> 35:25.760
because we need to have a flourish

35:25.760 --> 35:30.560
and health community in order to make our rights a reality.

35:30.560 --> 35:32.080
Thank you so much, Lucas.

35:33.320 --> 35:35.120
Thank you. It was a pleasure to be here.

35:35.120 --> 35:38.320
And not yet quite done.

35:38.320 --> 35:41.720
The last question that I have for you is,

35:41.720 --> 35:46.800
you have all this connection with technology, society.

35:46.800 --> 35:50.360
You pointed out how people can participate.

35:50.360 --> 35:53.160
But what would be the software that you say,

35:53.160 --> 35:54.920
oh, the software is so awesome.

35:54.920 --> 35:57.760
My life would be different without the software.

35:59.760 --> 36:01.560
I love free software activities.

36:01.560 --> 36:03.960
One of my favorites within the FSFE.

36:03.960 --> 36:07.960
And if you check, perhaps my stars on social media

36:07.960 --> 36:10.080
on Macedon, you see that every year,

36:10.080 --> 36:15.440
I have a huge list of free software that I'm thinking

36:15.440 --> 36:20.440
because all of them makes our life easier, nicer,

36:23.480 --> 36:27.160
and it allows us indeed to control technology.

36:27.160 --> 36:31.280
I would be a little bit unfair in this opportunity

36:31.280 --> 36:33.960
that you're giving me here in this very important podcast.

36:33.960 --> 36:37.160
Just think just one software.

36:37.200 --> 36:43.720
Because, as I said, taking on a broader perspective,

36:43.720 --> 36:45.440
there is a lot of them.

36:45.440 --> 36:50.440
And there also in back end also software

36:51.240 --> 36:54.720
that allows this front end software to run, right?

36:54.720 --> 36:58.360
And there is this infrastructure software running on servers

36:58.360 --> 37:02.800
and in other elements that allows these applications

37:02.800 --> 37:05.320
that we are now using.

37:05.320 --> 37:08.160
And more and more that we are working with device neutrality,

37:08.160 --> 37:13.160
we see how important drivers and all of these frameworks

37:13.720 --> 37:17.080
are also very important in order to allow people

37:17.080 --> 37:19.440
to control technology.

37:19.440 --> 37:23.200
Therefore, I would like to thank generously

37:23.200 --> 37:27.880
all the free software developers who have been working hard.

37:27.880 --> 37:31.480
Sometimes without nobody saying taking

37:31.480 --> 37:34.680
or without financial contributions,

37:34.720 --> 37:37.440
but I just want to say that their work

37:37.440 --> 37:40.360
is very, very important for all of people

37:41.360 --> 37:44.320
that are trying to safeguard

37:44.320 --> 37:47.400
or to have better policies on for their digital rights.

37:48.320 --> 37:49.160
Thank you very much.

37:49.160 --> 37:51.240
This was a nice closing word.

37:51.240 --> 37:54.880
And also, as you already said, it's very important

37:54.880 --> 37:59.560
to say thank you to them and to show our gratitude,

37:59.560 --> 38:03.240
but to also sometimes support free software financially

38:03.240 --> 38:06.280
and to not take it for granted or others work on it.

38:06.280 --> 38:09.080
Yes, thank you very much for having me here.

38:09.080 --> 38:10.840
It was a glitch pleasure.

38:10.840 --> 38:11.640
Thank you, Lucas.

38:11.640 --> 38:12.640
Awesome to have you here.

38:12.640 --> 38:14.160
Thank you so much.

38:14.160 --> 38:16.520
This was the software freedom podcast.

38:16.520 --> 38:18.640
If you liked this episode, please recommend it

38:18.640 --> 38:20.560
to your friends and rate it.

38:20.560 --> 38:24.240
Also subscribe to make sure you will get the next episode.

38:24.240 --> 38:25.960
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38:25.960 --> 38:28.320
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38:28.320 --> 38:32.160
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38:32.200 --> 38:33.600
If you like our work,

38:33.600 --> 38:36.680
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38:36.680 --> 38:40.800
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