Posts tagged ‘copyright’


The end of US ’net neutrality: another step toward the corporate internet

11.06.2018

That’s it for ’net neutrality in the US. The FCC has changed the rules, so their ISPs can throttle certain sites’ traffic. They can conceivably charge more for Americans visiting certain websites, too. It’s not a most pessimistic scenario: ISPs have attempted this behaviour before.
   It’s another step in the corporations controlling the internet there. We already have Google biasing itself toward corporate players when it comes to news: never mind that you’re a plucky independent who broke the story, Google News will send that traffic to corporate media.
   The changes in the US will allow ISPs to act like cable providers. I reckon it could give them licence to monitor Americans’ traffic as well, including websites that they mightn’t want others to know they’re watching.
   As Sir Tim Berners-Lee, the inventor of the web, puts it: ‘We’re talking about it being just a human right that my ability to communicate with people on the web, to go to websites I want without being spied on is really, really crucial.’
   Of course I have a vested interest in a fair and open internet. But everyone should. Without ’net neutrality, innovators will find it harder to get their creations into the public eye. Small businesses, in particular, will be hurt, because we can’t pay to be in the “fast lane” that ISPs will inevitably create for their favoured corporate partners. In the States, minority and rural communities will likely be hurt.
   And while some might delight that certain websites pushing political viewpoints at odds with their own could be throttled, they also have to remember that this can happen to websites that share their own views. If it’s an independent site, it’s likely that it will face limits.
   The companies that can afford to be in that “fast lane” have benefited from ’net neutrality themselves, but are now pulling the ladder up so others can’t climb it.
   It’s worth remembering that 80 per cent of Americans support ’net neutrality—they are, like us, a largely fair-minded people. However, the FCC is comprised of unelected officials. Their “representatives” in the House and Senate are unlikely, according to articles I’ve read, to support their citizens’ will.
   Here’s more on the subject, at Vox.
   Since China censors its internet, we now have two of the biggest countries online giving their residents a limited form of access to online resources.
   However, China might censor based on politics but its “Great Wall” won’t be as quick to block new websites that do some good in the world. Who knew? China might be better for small businesses trying to get a leg up than the United States.
   This means that real innovation, creations that can gain some prominence online, could take place outside the US where, hopefully, we won’t be subjected to similar corporate agenda. (Nevertheless, our own history, where left and right backed the controversial s. 92A of the Copyright Act, suggests our lawmakers can be malleable when money talks.)
   These innovations mightn’t catch the public’s imagination in quite the same way—the US has historically been important for getting them out there. Today, it got harder for those wonderful start-ups that I got to know over the years. Mix that with the US’s determination to put up trade barriers based on false beliefs about trade balances, we’re in for a less progressive (and I mean that in the vernacular, and not the political sense) ride. “The rest of the world” needs to pull together in this new reality and ensure their subjects still have a fair crack at doing well, breaking through certain parties’ desire to stunt human progress.
   Let Sir Tim have the last word, as he makes the case far more succinctly than I did above: ‘When I invented the web, I didn’t have to ask anyone for permission, and neither did America’s successful internet entrepreneurs when they started their businesses. To reach its full potential, the internet must remain a permissionless space for creativity, innovation and free expression. In today’s world, companies can’t operate without internet, and access to it is controlled by just a few providers. The FCC’s announcements today [in April 2017] suggest they want to step back and allow concentrated market players to pick winners and losers online. Their talk is all about getting more people connected, but what is the point if your ISP only lets you watch the movies they choose, just like the old days of cable?’

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Posted in business, China, internet, New Zealand, politics, publishing, technology, USA | No Comments »


Instagram-created art

27.02.2018

I don’t know if Instagram does this on all phones, but when I make multi-photo posts, it often leaves behind a very interesting image. Sometimes, the result is very artistic, such as this one of a Lotus–Ford Cortina Mk II.

You can see the rear three-quarter shot just peer in through the centre. I’ve a few others on my Tumblr, but this is the best one. Sometimes technology accidentally makes decent art. I’m still claiming copyright given it’s derived directly from my work.

PS., March 3: Here’s a fun one from my visit to Emerson’s Brewery.

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Posted in cars, interests, New Zealand, technology, Wellington | 3 Comments »


Paging Dr Libby

10.04.2017

Update: scroll down for a happy ending to this!

Even famous people can slip up. Two posts on Instagram, one of them mine, the other an hour later on Dr Libby Weaver’s account.


   If you’d like a closer inspection, here’s my photo cropped roughly where hers is.


The clouds are the giveaway, and trust me, no one was standing in exactly the same position I was when I took the original.
   I have called Dr Weaver out on Twitter and in a message via her website, with a proposal: how about giving me a set of the notes from the seminar my photo helped her sell, and we’d call this a win–win? Attendees paid NZ$40 to attend her do, and I reckon NZ$40 is a fair price for a photo licence. I hope she’ll bite—seems an amicable way to get round this.

Update: Dr Weaver’s team were really punctual at getting back to me. The following morning, I received a reply from Felicity on her staff, who added my credit on the photograph caption. There were no notes from her seminar, however—note-taking is the attendee’s choice. However, they were happy to send me a book, and I notice this morning (Wednesday, two days after) they have asked for my address. Well done to their team on a swift response, and look out for the book appearing on my Instagram when it arrives. If it’s the sort of thing our readers like, we might even put it on Lucire.
   The lesson: both sides wanted to turn something negative into something positive—wins all round.

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Posted in business, internet, marketing, New Zealand | 2 Comments »


RTL orders Blitzkrieg on Alarm für Cobra 11 fan community prior to the show’s 20th anniversary

10.03.2016

With the lead-up to the 20th anniversary of the German TV show Alarm für Cobra 11: die Autobahnpolizei, a fan group I run—the largest unofficial community on Facebook for the series—has been the subject of a Blitzkrieg by RTL. Trailers, which made up the majority of the uploaded videos, are indeed copyrighted material, but have resided happily there since 2008. But in their determination to have every video cleansed from Facebook, individual members’ copyrighted material, as well as videos that do not even belong to RTL, have been the subject of their claims.
   As someone who is usually on the complainant’s side in DMCA cases, I have a lot of sympathy for their position—but I’ve never gone to a website to lay claim to material that isn’t ours. You would think that a company as well resourced as RTL would be able to tell the difference, if a far smaller firm like ours can, but it appears there are keyboard warriors even in the largest TV networks. A reply, therefore, is needed, and it’s going to be a nice weekend sans Facebook, where I have been barred for three days without their usual counterclaim procedure operating. Luckily, I had set up a back-door account to administer pages and groups, after Facebook’s anti-malware malware incident, which is practically all I do there these days anyway.

Ladies and Gentlemen:

Today we note that all videos uploaded to the largest Facebook group about the TV series Alarm für Cobra 11: die Autobahnpolizei (https://www.facebook.com/groups/autobahnpolizei/) have been the subject of complaints by you, causing them all to be removed.
   We acknowledge that some of these videos contain content from Mediengruppe RTL Deutschland and Action Concept. They have resided there since 2008 without a single complaint, and the overwhelming majority (over 90 per cent) are trailers that you have permitted not only on this group, but all fan groups.
   Our group is non-profit and promotional in nature. Contractors to and employees of RTL and Action-Concept have happily been members for years, so it is clearly known to your organization.
   You have also permitted fan edits to your material on YouTube for years, where derivative works have been created and reside.
   Derivative works include subtitled, reworked Bulgarian translations to your trailers by Mr Hristian Martinov that feature new graphics, fan edits by Herr Thorsten Markus Grützmacher featuring the history of the series, and fan videos by Herr Stefan Wilke made in 2002 and 2004. Given RTL’s own stance on these elsewhere, principally on YouTube, there is an appalling double standard that you have applied to this Facebook group.
   We acknowledge that on a strict legal interpretation, some of these can be subject to your copyright claims and, had we been approached privately, we would have removed them. However, we are deeply concerned over content that Mediengruppe RTL Deutschland falsely and deceptively laid claim to, and is no concern of yours.
   You have stated to Facebook that these are videos that you or your organization created. In the cases detailed below, this is not true.
   We have two reporting numbers provided to us by Facebook, 1687808734841713 and 235243696819825, although numerous others relating to this group apply.
   Among those are videos that you have falsely and deceptively laid claim to include those shot by individual members on set on visits to Action Concept, videos shot privately by Herr Grützmacher while he was contracted to Action Concept, advertisements made by Kia Motors Deutschland GmbH which feature Alarm für Cobra 11 characters, news articles covering Alarm für Cobra 11 that are not owned by RTL but by their respective news networks, and an advertisement for Daimler AG that has no connection whatsoever to Alarm für Cobra 11, Action-Concept, or RTL.
   Please be advised that Facebook operates on US copyright law, which the above items do not fall foul of as they relate to RTL; even if they do, they are outside the scope of copyrighted material that you have any authority to file complaints about. The notion of German moral rights in copyright do not apply in the United States in this respect.
   Your actions have caused accounts to be disabled and while this may be warranted in the cases that concern RTL material, it is not warranted in cases where you have made false claims to Facebook. Your statements are not only inaccurate in these cases, they are also defamatory in nature and we consider them libellous.
   We are prepared to vigorously defend our position.
   Nevertheless, we are reasonable, and we propose a fair solution. As there is no way to compile every reporting number over eight years of material that has vanished in the space of 24 hours, we request that all the material you have reported on this group to be reinstated in full. Once that is done, the group’s moderators work alongside you to remove, individually, only the content that belongs to you. Reinstatement should occur within a week of this email, while removal of all RTL trailers, promotional material, and direct clips from the show—the last of which are indisputably RTL copyrighted material—will be done over the following week.
   Facebook notes that you are under no obligation to respond. Please be advised that this message will be openly published, and will also be sent to you as hard copy, with other parties cced.

Yours faithfully,

Jack Yan, LL B, BCA (Hons.), MCA

ccs for Action Concept and Facebook, under separate cover

   What an innovative way to generate goodwill for a TV series in the days before the network kicks off its 20th anniversary tributes (on March 12).

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Posted in business, internet, TV | 1 Comment »


The fall and rise and fall of Kim Dotcom, and why, according to the US, watching YouTube makes us all criminals

26.12.2015

In response to a friend’s Facebook post applauding the possibility that Kim Dotcom would get extradited, two days ago. It’s unedited, other than the inclusion of a link and a note, and I apologize for the grammatical errors.

Surely this remains the only case in the history of humankind where copyright is a multi-jurisdictional criminal matter? And if getting rich off copyrighted material is a crime, then YouTube has a longer history of letting this happen and rewarding users for it. The principal difference that I can see is that YouTube (through its parent Google) dodges paying New Zealand tax,* which seems to be a position our government is comfortable with. I’m not saying I like Dotcom—who I think is only out for himself and yes, he comes across as a dick—but fair’s fair. Nor am I saying I support copyright infringement, but under New Zealand law that’s a civil matter that should be fought by the infringed, not by governments. (In the US there is a criminal provision but the guy hasn’t ever been there nor was his company based there.)
   When I read the prosecution’s case it falls down at some basic hurdles. They say the defendants infringed. But they don’t say what they infringed. You’ve got to have this, especially if you’re going to prosecute this as a crime. The guy has a right to know exactly what’s at issue. And Megaupload stored stuff, they weren’t the infringers. Even if they knew about it, there’s no crime knowing about criminal copyright infringement. If the US position holds true, then when we go to YouTube to view a full-length movie or TV programme that someone has uploaded in order to make money for themselves, it would actually make us criminals. I’m not comfortable with this.
   I see an appalling double standard when it comes to how this bloke is dealt with, e.g. he is dissed for spending money funding a political party but Colin Craig gets a pass for doing the same thing at exactly the same time. He is dissed for showing us how our government monitors us by bringing in Glenn Greenwald yet we all applaud Greenwald when he does it overseas. I find it interesting how he went from Public Enemy No. 1 when he was first arrested, to admired underdog for quite a lengthy period when Kiwis realized copyright law was on his side, and now he’s back to Public Enemy No. 1 again after exposing the flaws in our security services and trying to do us a favour with the flop that was ‘the moment of truth’. Guess we really hate it when a foreign-born New Zealand resident tells us how things should be, but we love telling foreigners about gun laws, imperialism and inequality.
   If the guy is to go to prison, then let it be for an actual crime.

* PS.: Yes, it’s technically legal to run things through a Bermuda tax haven and pay yourselves back for stuff.

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Posted in internet, New Zealand, politics, technology, USA | No Comments »


The political caricatures of old have taken human form, but they’re still nothing like us

09.05.2015

That’s another British General Election done and dusted. I haven’t followed one this closely since the 1997 campaign, where I was backing John Major.
   Shock, horror! Hang on, Jack. Haven’t the media all said you are a leftie? Didn’t you stand for a left-wing party?
   Therein lies a fallacy about left- and right wings. I’ve never completely understood the need to pigeonhole someone into a particular camp, when I would say most people on this planet hold a mix of views from both sides. Now that politicians are not unlike caricatures—there has been a “rightward” shift where the policies being adopted by some are so outside economic orthodoxy that they look like what their Spitting Image counterparts would have uttered back in the day—this holds more true than ever. We know what subscribing to certain parties’ views fully and completely is like: we risk looking loony, and, if taken too far, we risk becoming loony.
   But the spin doctors and advisers aren’t in to transparency. They are into their talking heads conveying what they feel the public responds to, hence Mitt Romney, once an advocate of universal health care in his own state, becoming an opponent of it when he ran for president; or, for that matter, Ed Miliband’s insistence on the ‘budget responsibility lock’, to demonstrate that he had a handle on the economy, when Economics 101 told us that austerity isn’t a good way to help the economy along and Miliband began sounding like Cameron lite.
   My support of Major in the 1997 General Election, which went against the prevailing view at the time, was down to several reasons. Unlike Cameron, Major didn’t practise austerity, but he did practise conventional economics with the government going more into deficit through increasing spending during the early 1990s’ recession, knowing the stimulus to be affordable, and knowing it had to be paid back once the economy was healthy again. It is interesting to note Sir John’s own goal while campaigning for the Tories in this General Election, when he said at the Tory Reform Group annual dinner, ‘We need to acknowledge the fact we have a pretty substantial underclass and there are parts of our country where we have people who have not worked for two generations and whose children do not expect to work.
   ‘How can it be that in a nation that is the fifth richest nation in the world, that in the United Kingdom we have four of the poorest areas in Europe? I include eastern Europe in that question.’
   How indeed. The John Major who was prime minister will have answered that easily, and his own record illustrates just why he avoided such consequences in the 1990s that Cameron was unable to.
   The second reason was that I really believed the ‘classless society’ speech, and if you have read his memoirs, or even biographies written about him, then there was a real personal experience woven into that. Critics will point at the fact the speech was written by Antony Jay (Yes, Minister) or the fact that Britain invented To the Manor Born and such sitcoms, but, generally, why should only certain classes have the ability to excel and do their best? Everyone should have that opportunity, and the measures implemented under the Major premiership, while not as far to the left as traditional socialists would have wanted, struck a good balance in my view in an immediate post-Thatcher period. We should always be wary of sudden shifts, whether they’re swings from the left to the right, or vice versa. A pragmatic approach seemed sensible.
   Third, it was precisely that Major was not a Thatcherite, even if Margaret Thatcher might have believed him to be when she made him Chancellor of the Exchequer, a job that he wanted most of his political life. But what we had in his very shrewd opponent in 1997 was Thatcherism, or at least monetarism. As we know from Tony Blair’s and Gordon Brown’s early move in allowing the Bank of England to be free of political control, their belief that this would avoid boom-and-bust cycles was not realized. However, the evidence does show that the freedom has coincided with a period of low interest rates and stable inflation, but equally one can credit the work of the Tories in handing New Labour a booming economy in May of that year. As Major noted at the time, it was rare for a government to lose while the economy was improving, but the Labour campaign, ably assisted by biased media at the time, and the easy pass Blair got from the British establishment despite being very, very vague about his policies, was hard to beat. All he had to do was utter ‘Change’ and ‘It’s about New Labour, new Britain.’ It hid, to those of us watching the General Election and the year before it, New Labour’s Thatcherite aims. I am not even that sure what Blair, Brown and Peter Mandelson were doing in the party to begin with.
   This might be contrasted with a Tory party weakened through allegations of sleaze (and we know now that no party is any less sleazy than the other, but it depends on when you are caught out) leading Major to fight a campaign largely alone with the occasional publicity boost from the Spice Girls. No matter how specific the PM got, it didn’t matter. (Or, as I had told many of my design classes at the time when I was teaching, the Conservatives’ Arial was no match for Labour’s Franklin Gothic, a typeface family that, incidentally, was used by Thatcher in her 1983 election campaign, and by Labour in New Zealand in 1999 and 2002.) It was frustrating to try to discern what Labour’s specific policies were from Down Under, watching the General Election campaign with keen interest. And those lack of specifics worried me from the start, which explains why when I ran for office, I issued a manifesto early in the game. I liked being first, even if the electorate didn’t put me there.
   Whether you agreed with Labour or not, and many would argue that the Blair and Brown years were not stellar, the divisions in their party—which I imagine we will see reemerge in the next few days—indicate that even within there is a great deal of polarization. The Thatcherites are in there, except they are called Blairites. And while Sir John put his weight behind his party out of loyalty, and from his earlier political years witnessing how ‘Labour isn’t working’ (the Wilson–Callaghan years must have been formative for him given his age), his comments at the dinner are telling on just where modern Conservative economic policies under George Osborne differed to his own and those of Norman Lamont. If people are suffering, if they aren’t getting their shot at the ‘classless society’, then is the place any good? If the class divide has grown, contrary to Sir John’s own views, and weakened Britain as a result of the contraction of economic players in it, then even the “right” can’t support that. To me, I thought conservatism was letting everyone have a shot, and about solid, national enterprise, and this century hasn’t given me much faith that that applies very widely.
   Labour might have campaigned on that and on preserving the NHS although having listened to Miliband, I was never totally convinced. Perhaps, I, too, had concerns about Labour vagueness, and until this General Election I had not followed the Shadow Cabinet closely enough to know the thinking and histories behind the players. That area, I will leave to others to comment. In some respects, the caricature comment I made above applies to Labour, too.

Contrasting the Tories this time with the party I knew a bit better through observation—the two terms of John Major—I feel they are very different. And, sadly, I draw parallels with the National Party here at home, where people attempt to compare incumbent John Key with Sir Robert Muldoon (1975–84), and I simply cannot see the parallels other than the colour of the branding.
   Sir Robert resolutely believed in full employment, the rights of the unemployed, the state ownership of assets, energy independence, and his ability to fight his own battles. Had attack blogs been around then, he wouldn’t have needed them. I do not agree with everything about his premiership, and his miscalculation of public opinion over the Gleneagles Agreement and the environment is now part of history. However, his terms are still being misjudged today, with an entire generation happily brainwashed by both the monetarist orthodoxy of the 1980s and a prime-time documentary (The Grim Face of Power) aired after his death (probably to avoid a defamation suit) to belittle his legacy. (The contrasting documentary made many years later, Someone Else’s Country, was buried on a weekend afternoon.) We did not have to wait months for a telephone, nor did we not have cars to buy; yet the belief that the electorate has a collective memory of only five years means we haven’t a hope of comprehending fully what happened thirty years ago. But to those of us who pride ourselves on a decent memory, and I believe if we seek public office we must have one, then things were never as bleak as people believe. He was sexist, yet I do not believe him to want to preside over a divided New Zealand, and his own books reveal a desire for unity. Unfortunately, looking at a man born in 1921 through the prism of 2015, plenty of his sayings look anachronistic and passé, but once context is added, the New Zealand we look at today looks more divided.
   We, too, have an underclass that has emerged (those begging for change weren’t there two decades ago, nor were so many food banks), through economic policies that have weakened our businesses. Both major parties deserve criticism over this. For a country where experts have said we must head toward technology to end our reliance on primary products, other than software patents, we have had a strange record over intellectual property with a prime minister who was against certain copyright amendments before he was for them (and voted accordingly). A New Zealand resident who adopted the same rules over copyrighted materials as Google and Dropbox has been indicted by the US Government—that’s right, I am talking about Kim Dotcom. It’s a reminder that we haven’t done enough for our tech sector, the one which governments have said we should aid, which can help our overall economy.
   We are hopelessly behind in how much technology contributes to our economy, and we have done little to support the small- to medium-sized businesses that form the backbone of our economy. Instead, we have been selling them short, welcoming ever-larger multinationals (who usually pay tax in their home country, not ours) and giving them more advantages than our own. Since when has allegiance to these foreign players ever been part of politics on the left or on the right? If we are to support businesses, for instance, we should be negotiating for our own milliard-dollar enterprises to make headway into new markets. Xero et al will thank us for it. Globalization is as much about getting our lot out there so they can pay tax back here. Politicians should be patriotic, but toward our own interests, not someone else’s.

Therein lie my many posts about the Trans-Pacific Partnership Agreement on my Facebook. It is precisely because I support business that I am against a good part of what has been leaked so far. (I am aware that many trade agreements are negotiated in secret, so there is nothing new there.) It is precisely because I believe in a level playing field for Kiwis that we should be careful at how we liberalize and in what sectors and at what pace we should do it. The curious thing there is that the substantial arguments (obviously against it) have come from the “left”, or friends who identify as being left-wing, while some who have identified as being right-wing have bid me an indignant exit from the discussion by attacking the players and not their utterances, and yet somehow the lefties are branded the woolly, emotional wrecks?
   As I wrote last year, ‘All I want are facts, not emotional, ideological arguments. On the evidence for me, things are leaning toward the anti side. I come from the standpoint of the market being a man-made construct and people are not numbers.
   ‘… [T]here are cases going on with tobacco companies where they are using IP to argue that plain packs are contrary to trade agreements. So where do you draw the line with public health versus a foreign enterprise profiting? I’d like to see healthy people not taxing the system, and plain packs were a foreseeable development IMO for a tobacco manufacturer. [I know this is an argument that is typically trotted out, but I use it since there is at least one case out there.] A wise tobacco company would have acquired businesses in other fields (as some have done), just as Coca-Cola, seeing the tide turn against sodas, have bought up water, energy drink and juice businesses. It’s wise investing, and it’s progress.
   ‘There is nothing wrong with the notion of a trade tribunal but what has been emerging from the leaks are ones where corporations can be compensated for loss of profits based on, say, plain packaging. If a government is democratically elected to implement such a policy, and corporations have always understood investments to be subject to the laws of the land (including the risk of divestment in some), then should their rights trump that of the citizens? This is the danger here, and this is the heart of the sovereignty argument.
   ‘Another example is with software patents, which our country has voted to do away with. It’s been shown that that would spur innovation.
   ‘The tendency is that TPPA is against these moves, although given the secrecy we do not know for sure. But reading other IP provisions it does not take a big leap of the imagination.
   ‘… Do I believe in global free trade? Absolutely. But I also believe in making sure that people have the means the buy the stuff I sell, and to me this treaty (based on what has been leaked) does not ensure that. I also believe in social responsibility and that citizens have their basics looked after so they can participate in commerce. I am pro-innovation, especially in smaller enterprises where some great stuff is taking place, and we have reasonably robust IP laws already and conventions that govern them. I’m not saying I have a complete alternative that replaces it, but some of the work we have done at the Medinge Group touches on these issues.’
   One argument in favour is: if we are not party to this, then does this mean we will get shut out of it? I’m not entirely sure we will in that we are already one of the freest markets in the world, although I welcome arguments and past examples. In the areas I know well, the absence of a free-trade agreement with the US, for instance, have never hampered our firm exporting there, but I realize for our primary producers there have been obstacles. But do such agreements mean unimpeded access when it’s so easy, even under WTO, to erect non-tariff barriers? And why should corporations’ rights trump citizens’, as opponents are quick to point out?
   ‘At the end of the day,’ to borrow a phrase, all human systems are imperfect. And the market is just as human as any other. My belief is that your own citizens, and their welfare, must be placed first, and we should support our own people and our own businesses. The political caricatures that certain parties have now rendered into human form don’t necessarily appear to understand this, certainly not by their actions. This is at the crux of the arguments that I saw from Labour supporters in the UK General Election, and to some extent from those who opposed National and ACT in our one last year. Labour’s loss here, too, in my view, can be placed on a leader who himself came across as unsubstantial on TV as his opponents; and his refusal to resign can be contrasted to the behaviour of Miliband and Nick Clegg yesterday. He could have always pulled a Nigel Farage.
   The sooner we get away from notions of “left” and “right” and work out for ourselves where we’d like our country and our world to head, we will start working together without these false divisions. I might add that “being Asian” in this country is yet another false division. No wonder most people are sick of politics, politicians and “politics as usual”, because most of us cannot be bothered pigeonholing ourselves. We just want to do what’s decent and honourable and have the chance to get on with it.

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Posted in business, globalization, media, New Zealand, politics, technology, UK | No Comments »


‘Planet Key’ is good old-fashioned Kiwi satire

23.08.2014

Fed up with the Electoral Commission barring Darren Watson from expressing his valid view with his satirical song ‘Planet Key’, I made a spoken-word version of it for my Tumblr a week ago, with copyright clearance over the lyrics. I wrote:

Since the Electoral Commission has imposed a ban on Darren Watson’s ‘Planet Key’—in fact, it can never be broadcast, and apparently, to heck with the Bill of Rights Act 1990—I felt it only right to help him express his great work, in the best tradition of William Shatner covering ‘Rocketman’. This has not been endorsed by Mr Watson (whom I do not know), and recorded with crap gear.

   I’ve read the Electoral Act 1993 and the Broadcasting Act 1989, but I still think they’re trumped by the Bill of Rights Act 1990.
   Legal arguments aside, I agree with Darren, that his expression of his political view is no different from Tom Scott drawing a cartoon.
   He has a right to freedom of thought and a right to express it.
   The Electoral Commission’s position seems to centre around his receiving payment for the song to cover his and his animator’s costs—which puts it in the class of an election advertisement.
   Again, I’m not sure how this is different from the Tom Scott example.
   Tom is paid for his work, albeit by the media who license it. Darren doesn’t have the backing of media syndication, so he’s asking for money via sales of the song on Itunes. We pay for the newspaper that features Tom’s work, so we can pay Itunes to download Darren’s. Tom doesn’t get the full amount that we pay the newspaper. Darren doesn’t get the full amount that we pay Itunes. How are they different?
   Is the Commission saying that only people who are featured in foreign-owned media are permitted to have a say? This is the 21st century, and there are vehicles beyond mainstream media. That’s the reality.
   The good news is that other Kiwis have been uploading Darren’s song, with the Electoral Commission saying, ‘if the content appeared elsewhere online, it would not require a promoter statement if it was posted as the expression of a personal political view and no payment was involved,’ according to Radio New Zealand. Darren might not be making money like Tom Scott does, but his view is still getting out there.
   On that note, I’m sure you’d much rather hear the original than mine. If you ever see Darren’s gigs out there, please support him through those.

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Posted in culture, internet, media, New Zealand, politics, Wellington | No Comments »


The shame of Russia (courtesy of Facebook)

17.03.2014

At the weekend, 40,000 to 50,000 took to the streets of Moskva—Moscow—to protest their government’s actions in the Ukraine, at the Peace and Freedom March. I understand that media called the country’s actions ‘the shame of Russia’.
   A friend provided me with photos of the protest that he and his friends took, which I uploaded to my personal Facebook profile this morning.
   Within minutes, they vanished from my wall. Facebook has replaced them with a message to say my page cannot be loaded properly, and to try again. Seven hours later, the problem persists.
   They are still on the mobile edition but I’ve noticed that, for a public post, very few people have seen them.
   What is curious is whether Facebook has some mechanism to remove content. I remember some years ago, video content vanished, too, with Facebook making false accusations that I had uploaded copyrighted material—despite my having express authorization. I had to fight Facebook, which had adopted a guilty-till-proved-innocent approach, to keep up content I was legally entitled to upload and share. Facebook presented me, for months, with a massive notice on my home page each time I logged in, where I had to fill in a counter-notification daily to their false accusations.
   I had understood that generally copyright owners had to complain first under US law, unless, of course, your name is Kim Dotcom and US lobbyists want to make an example of you.
   So we know that Facebook does have mechanisms to take things off without any complaint being filed. And we also know there are algorithms limiting sharing.
   Given the speed with which this vanished today, I doubt anyone would have complained—and I’m hardly a target for those interested in Russian politics.
   I have since uploaded the album to my Facebook fan page—where it has not been deleted, but stats for it do not show up. Thanks to Facebook’s actions, I’ve uploaded the five images to my Tumblr as well—and here they are again, for your interest.
   We can credit Facebook for ensuring that these images were more widely shared.

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Posted in internet, media, politics, publishing, USA | 3 Comments »


It’s Miller time on the Sherlock bandwagon

08.07.2012

Elementary is an modern-day, American TV version of Sherlock Holmes. It’s not an American remake of the Steven Moffat–Mark Gatiss update, which I love, and some might say it has taken too many liberties with the original. Watson is now female.

   I’ll leave you to comment, but I don’t make my thoughts of remakes a huge secret on this blog. And, I know, this is technically not a remake, but the timing is a tad suspicious.
   However, there is nothing new under the sun. It’s not the first time CBS has attempted a contemporary Sherlock Holmes series, nor is it the first time it has made Watson female. In the mid-1980s, there was The Return of Sherlock Holmes, where Dr Watson’s great-granddaughter (Margaret Colin) awakens a cryogenically frozen Sherlock Holmes (Michael Pennington). It was actually filmed in the UK, with London standing in for various American locales. Of course, this meant that Canadian actor Shane Rimmer (whom Lewis Gilbert dubbed ‘the standard American actor’) had to have a part, as did Connie Booth.

   If Elementary came before Sherlock, I might have given it a shot, but it reeks of metooism. And, of course, Elementary would never have existed if it were not for copyright expiry and the idea of public domain—something which I find ironic given how the US entertainment lobby behaves sometimes.
   I know, I’m dissing a show I have never seen, and this is coming from a guy who watched all 17 episodes of the Life on Mars remake. Maybe I’m older now and don’t have the same time to waste.

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Posted in business, culture, interests, TV, USA | No Comments »


Intellectual property doesn’t deserve a black mark, but some powers-that-be do

22.11.2011

After being interviewed about the outcome of the ‘Wellywood’ sign vote yesterday (a summary of what I told Newstalk ZB can be found on my Facebook fan page) I was reminded about how a few Wellingtonians, who supported my quest to stop the sign in 2010 and 2011, were not that thrilled that I used intellectual property law as my technique.
   Those following this in 2010 and 2011 might remember that I was the person who called up the Hollywood Chamber of Commerce and the Hollywood Sign Trust, and was, last year, the mayoral candidate most active in trying to stop Wellington Airport from erecting the sign at the Miramar cutting. This year, with no local election to be concerned about, I remained active, more so upon seeing just how arrogant the Airport’s “leadership” was, before it flip-flopped again by saying that it should consult with the public (the same public it called insignificant weeks before).
   And yet, months later, I was also miffed about the Copyright Act amendments and the introduction of the “three strikes” law, one which the Government seems to be uncertain about as it supports it at home, and opposes it at the United Nations.
   This is not a populist about-turn on my part. I have a view of intellectual property which was refined in part by my time at law school, where I sat the first IP paper offered formally by Victoria University, and my work for TypeRight, the advocacy organization, which wound up winning an award from Publish magazine in the US. This experience leaned toward copyright, more than trade mark and patent, though I secured reasonable experience in TMs working in brand consulting and acting as an expert witness. Through that exposure, I began with the classical argument that the protection of authors, and rewarding them, are good things. No protection, no incentive.
   But, this must be balanced by the rule of law. What we had before the latest amendments to the Copyright Act already worked. Copyright owners could, indeed, pursue infringers, and a plaintiff and a defendant could fairly be represented in a tribunal. It would be up to the copyright owner to front up with a statement of claim, and they had better be ready with sufficient proof to make the case air-tight—just as any other plaintiff in a New Zealand court would require. That seems fair. I have relied on American law often when it came to pursuing piracy of our articles, and, again, the Digital Millennium Copyright Act there worked well in giving both sides a fair hearing without the presumption of guilt.
   As argued in some depth in 2009, and again in 2011, the three-strikes law—which, I might note, the PM was against before he was for, as was the Hon Peter Dunne MP—puts the power firmly in the hands of the copyright owner, so that a defendant has to discharge the presumption of guilt. A copyright owner, as we have learned, can get an ISP to do its dirty work in New Zealand, sending out infringement notices to its customers. Whatever I learned in that IP class at uni, I had always believed the law would take place in a fair forum, and that the common-law presumption of innocence would always stand. What is happening here runs counter to that idea.
   To be fair and balanced here, I should note that the law was proposed under Labour, and received the support of Labour when argued in Parliament, which makes me wonder whether the duty of being Her Majesty’s Loyal Opposition was fulfilled properly during the debates.
   Such laws, unfortunately, do the idea of copyright no credit. They have sullied the good work that copyright has done in most of our recent history by protecting those who sought it, and deserved it. I think of those who were in the typeface design business with me, who opted to protect their works. Some designers only make a few dozen dollars per annum from a font that might have taken them six weeks to produce. Typically, $300 is a figure I hear for a design that doesn’t make the big time—and the majority do not, just like in music.
   European Commission VP for the Digital Agenda, Neelie Kroes, told the Forum d’Avignon on November 19 a similar story: ’97·5 pe rcent of one of the biggest collecting society’s members in Europe receive less than … €1,000 a month for their copyright works.’
   As reported in The Register, ‘Kroes said, copyright as it now stands is failing to deliver the economic rewards that are supposed to be its aim. At the same time, “citizens increasingly hear the word copyright and hate what is behind it. Many see the current system as a tool to punish and withhold, not a tool to recognize and reward.”’
   The Register concludes:

In the context of the public’s increasing resistance to punitive measures such as America’s SOPA, New Zealand’s three-strikes disconnection notice regime, the acrimonious “iiTrial” in Australia (backed by the MPAA via its local sockpuppet AFACT), it’s also interesting to note that Kroes mentions the intermediary business just once in her speech – since, at least to The Register, it seems that most of the public’s hatred of copyright appears to stem from how the intermediaries approach it.

   The distinction needs to be drawn. We shouldn’t throw the baby out with the bathwater. What we should be weary of are not just the intermediaries as The Register notes, but some of the parties who inspire, lobby and even offer to draft these laws. It seems those parties are often those who care little for the thoughts of the community, whether it be an Airport CEO, or politicians who are so inept at understanding their subject they confuse fact with fiction.
   While I will not be drawn on who will get my electorate and party votes for this General Election, the behaviour of some of the powers-that-be seem to support those who claim that we no longer live in democracies in the occident, but plutocracies.

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Posted in business, culture, design, internet, leadership, media, New Zealand, politics, technology, USA, Wellington | No Comments »