What a pleasure it was to be back on The Panel on Radio New Zealand National today, my first appearance in a decade. That last time was about the Wellywood sign and how I had involved the Hollywood Sign Trust. Iâve done a couple of interviews since then on RNZ (thank you to my interviewers Lynda Chanwai-Earle and Finlay Macdonald, and producer Mark Cubey), but it has been 10 years and a few months since I was a phone-in guest on The Panel, which I listen to very frequently.
This time, it was about Hong Kong, and the new national security legislation that was passed last week. You can listen here, or click below for the embedded audio. While we begin with the latest development of social media and other companies refusing to hand over personal data to the Hong Kong government (or, rather, they are âpausingâ till they get a better look at the legislation), we move pretty quickly to the other aspects of the law (the juicy stuff and its extraterritorial aims) and what it means for Hong Kong. Massive thanks to Wallace Chapman who thought of me for the segment.
Martin Wolf, writing in the Financial Times, touches on a few points that resonate with my readings over the years.
He believes capitalism, as a system, is not a bad one, but it is bad when it is âriggedâ; and that Aristotle was indeed right (as history has since proved) that a sizeable middle class is necessary for the functioning of a democracy.
We know that the US, for instance, doesnât really do much about monopolies, having redefined them since the 1980s as essentially OK if no one gets charged more. Hence, Wolf, citing Prof Thomas Philipponâs The Great Reversal, notes that the spikes in M&A activity in the US has weakened competition. I should note that this isnât the province of âthe rightââPhilippon also shows that M&A activity reduced under Nixon.
I alluded to the lack of competition driving down innovation, but Wolf adds that it has driven up prices (so much for the USâs stance, since people are being charged more), and resulted in lower investment and lower productivity growth.
In line with some of my recent posts, Wolf says, âIn the past decade, Amazon, Apple, Facebook, Google, and Microsoft combined have made over 400 acquisitions globally. Dominant companies should not be given a free hand to buy potential rivals. Such market and political power is unacceptable. A refurbishment of competition policy should start from the assumption that mergers and acquisitions need to be properly justified.â
History shows us that Big Techâs acquisitions have not been healthy to consumers, especially on the privacy front; they colluded to suppress wages before getting busted. In a serious case, according to one company, Google itself commits outright intellectual property theft: âGoogle would solicit a party to share with it highly confidential trade secrets under a non-disclosure agreement, conduct negotiations with the party, then terminate negotiations with the party professing a lack of interest in the partyâs technology, followed by the unlawful use of the partyâs trade secrets in its business.â (The case, Attia v. Google, is ongoing, I believe.) Their own Federal Trade Commission said Google âused anticompetitive tactics and abused its monopoly power in ways that harmed Internet users and rivals,â quoting the Murdoch Press. We see many undesirable patterns with other firms there exercising monopoly powers, some of which Iâve detailed on this blog, and so far, only Europe has had the cohones to slap Google with massive fines (in the milliards, since 2017), though other jurisdictions have begun to investigate.
As New Zealand seeks to reexamine its Commerce Act, we need to ensure that we donât merely parrot the US and UK approach.
Wolf also notes that inequality âundermines social mobility; weakens aggregate demand and slows economic growth.â The central point Iâve made before on Twitter: why would I want people to do poorly when those same people are potentially my customers? It seems to be good capitalism to ensure thereâs a healthy base of consumers.
Above: Sir Tim Berners-Lee, the inventor of the World Wide Web.
Earlier this month, Sir Tim Berners-Lee wrote an open letter expressing his concerns about the evolution of his invention, the World Wide Web. (Interestingly, he writes the term all in lowercase.)
It wasnât just about âfake newsâ, which is how the media have reported it. His first concern was, in fact, about our losing control over our personal data, and determining when and with whom we share them. Itâs something Iâve touched on regularly since 2011, when Google breached its own stated policies over user-preference collection for advertising purposes, something that Facebook appears to be following suit with mid-decade. This was long before Edward Snowden blew the lid on his governmentâs monitoring, something thatâs happening to citizens of other occidental nations, too.
Sir Tim writes, âThrough collaboration withâor coercion ofâcompanies, governments are also increasingly watching our every move online, and passing extreme laws that trample on our rights to privacy. In repressive regimes, itâs easy to see the harm that can be causedâbloggers can be arrested or killed, and political opponents can be monitored. But even in countries where we believe governments have citizensâ best interests at heart, watching everyone, all the time is simply going too far. It creates a chilling effect on free speech and stops the web from being used as a space to explore important topics, like sensitive health issues, sexuality or religion.â
But the one that struck me as very pertinent to publishing is Sir Timâs second point. Itâs the one that most news outlets seized on, linking it back to âfake newsâ, a term now corrupted by the executive branch of the US Government when attacking coverage that it doesnât like. However, Sir Timâs points were far broader than that. And itâs evident how his first point links to his second.
Itâs not hard to see that there is biased coverage on both the right and right wings of US politics (interestingly, they call it left and right), although Sir Tim points to how âa handful of social media sites or search enginesâ show us the things that appeal to our own biases through their algorithms. âFake newsâ then spreads through these algorithms because they play to our prejudices. He writes, âthose with bad intentions can game the system to spread misinformation for financial or political gain.â These sites are able to determine what we see based on the data weâve given them, willingly or unwillingly.
Itâs so far from the ideals of the World Wide Web that itâs sad that the medium, which was once so expansive and inspirational as we surfed from one site to the next to read and absorb information, has come to this: a tool for becoming more insular, the first path to the idiocracy.
Google, as I wrote last year, biases itself toward larger sites, no longer rewarding the media outlet that breaks a news item. The incentive to be that maverick medium is, therefore, lessened greatly online, because the web isnât being ranked on merit by the largest player in the search-engine business. Itâs why Duck Duck Go, which doesnât collect user data, gives search results that are generally fairer. We think itâs important to learn alternative viewpoints, especially in politics, otherwise the division that we already see in some countries will only deepenâand at worst this can lead to war. In peacetime countries, a compatriot with opposing political thoughts is not our enemy.
Facebookâs continued data collection of user preferences is also dangerous. Even after users opt out, Facebookâs ad preferencesâ page demonstrates that it will keep collecting. Whether or not Facebook then uses these preferences is unknownâcertainly Facebook itself clams upâbut since the site reports journalists who alert them to kiddie porn, kicks off drag queens after saying they wouldnât, and forces people to download software in the guise of malware detection, who knows if any of Facebookâs positions are real or merely âfake newsâ? Knowing the misdeeds of sites like Facebookâand Google which itself has been found guilty of hackingâdo they actually deserve our ongoing support?
Of course I have an interest in getting people to look beyond the same-again players, because I run one media outlet that isnât among them. But we have an interest to seek information from the independents, and to support a fair and neutral internet. We may learn an angle we hadnât explored before, or we may find news and features others arenât covering. Better yet, we may learn alternative viewpoints that break us out of our prejudices. Surely we canât be that scared of learning about alternatives (maybe one that is better than what we believe), or having a reasoned debate based on fact rather than emotion or hatred? And if you are sharing on social media, do you want to be one of the sheep who uses the same click-bait as everyone else, or show that youâre someone whoâs capable of independent thought?
It shouldnât be that difficult to distinguish fake-news sites from legitimate media (even though the line gets blurred) by looking at how well something is subedited and how many spelling mistakes there are. Perhaps the headlines are less emotive. There is a tier of independent media that deserves your support, whether it is this site or many competing ones that weâve linked ourselves. Going beyond the same-again sources can only benefit us all.
I know Iâm not alone among expats watching the Occupy Central movements in Hong Kong. More than the handover in 1997, itâs been making very compelling live television, because this isnât about politicians and royalty, but about everyday Hong Kong people. I Tweeted tonight that if I were a student there, Iâd be joining in. While the idea of direct elections is a recent developmentâthey started in 1985 for the Legislative Council, itâs important to remember that all UN member nations should permit its subjects the right of self-determination. It doesnât matter when they started, the fact is they did. The latest protests arenât about Legco, but the election of the Chief Executiveâthe successor to the role of Governorâwhich Beijing says can only be for candidates it approves.
Legal arguments aside, protesters are probably wondering why they could enjoy free and fair elections under colonial rule from London, and not by their own country from their own people.
I cannot speak for Beijing, but their perspective is probably more long-term: in the colonial days, the Legislative Council was appointed by London, not voted by Hong Kong subjects, for most of its existence. The Governor was always appointed by London. Surely what it is proposing for 2017 is far better?
And given that the Chief Executive currently is selected by an election committee of Beijing loyalists, then 2017 presents something far more open and akin to universal suffrage.
Those are the issues on the surface as I understand them, but they ignore some of the history of Hong Kong.
Hong Kong was a backwater until 1949, when the Communists revolted, and refugees poured in. My father was one of them, having made the trek from Taishan with his mother and sister. Other members of the family had got there on other journeys. The stories can happily fill chapters in a novel.
He recalls in his first days in Hong Kong, police officers had three digits on their shoulder. âI donât know how many policemen there were,â he recalls, âbut there couldnât have been more than 999.â
Hong Kongâs population swelled, and the colonial authorities found a way to accommodate the new arrivals.
I donât have the exact figures but at the dawn of the 1940s, the population of Hong Kong was 1·6 million, and it was close to 2Âœ million in the mid-1950s. When I left in 1976, it was 3 million.
The reason most people went there and risked their lives to escape the Communists: freedom. Most were skilled workers and farmers fearing prosecution.
Dad recalls that in the lead-up to the family home and farm being seized things were getting tough at school, with false accusations made against him by teachers and students. The vilification of land-owning families had begun.
The day he left, he saw a notice on the front door and the family departed for Hong Kong, where my paternal grandfather already had contacts from his military days.
Assuming a million people came across from the Peopleâs Republic of China, then itâs not hard to imagine a sizeable part of the modern population of Hong Kong to have grown up with negative impressions of Beijing.
Those same impressions saw to the mass exodus of Hong Kongers in the lead-up to the handover, with most expecting doom and gloom despite assurances under the Basic Lawâthough of course many have since returned to Hong Kong since things hadnât changed as badly as they feared.
They were the reasons my parents left in 1976. My mother simply thought a generation ahead and figured that by the 1990s, it would be hard to leave Hong Kong since some western countries would start going on about yellow peril again. (She was right, incidentally.)
While in the post-colonial days, there is more contact between Hong Kong and the rest of China, it will take a while for those impressions to subside.
It would be fair to say that culturally, we are predisposed to taking a long view of history, and the Cultural Revolution and the mismanagement of the economy in the earlier days of the Peopleâs Republic stick in our minds.
Even if the PRC proved to be a benevolent nation and made no wrong moves since 1997, the suspicion would remain.
It hasnât been helped by June 4, 1989 and its aftermath, continued censorship within China, and, more recently, some Hong Kongers feeling that theyâre a second class in their own city when mainland tourists pop over for a holiday.
Then you get people like me who cannot understand a word of Mandarin, which these days tends to be the second language many people learn. When the language of the colonials is easier to grasp, then that doesnât bode well for our northern friends. Thereâs a sense of separation.
This may explain a natural resistance to Beijing, because the way of life that the Chinese Communist Party envisages is so very different to what Hong Kongers believe they should enjoy.
Scholarism, meanwhile, from which Occupy Central has spawned, has come from this culture: a group protesting the introduction of âmoral and national educationâ as a compulsory subject in Hong Kong. The subject was seen by opponents to be pro-communist, with the teaching manual calling the Communist Party an âadvanced, selfless and united ruling groupâ.
Itâs hard, therefore, for Hong Kongers who grew up in this environment not to be suspicious of Beijing.
That explains the solidarity, the sort of thing that would have inspired me if I was a young uni student today in Hong Kong.
Now we are looking at two sides, neither of which is famous for backing down.
One possible resolution would be for Beijing to accede yet bankroll a pro-Beijing candidate come 2017, which could, in the long term, save face, but provide the protesters with a short-term victory. Itâs not what they are fighting forâthey want everyone to be able to stand for the post of CEâbut it may be one way events will play out.
Hong Kong isnât prepared to risk its economic freedom and progress, and it remains proud of its stance against corruption which has helped the city prosper. Citizens also place faith in the rule of law there, and the right to a fair trial.
Beijing, meanwhile, isnât prepared to risk the danger of an anti-communist CE being elected and having that trip up the development of the rest of the nation.
I have to say that such a fear is very remote, given the overriding desire of Hong Kongers to get ahead. If Hong Kongers are anything, they are pragmatic and ambitious, and a Chief Executive who is imbalanced to such a degree would never get elected. With the rise of the orient and the sputtering of the occident, the âcompetingâ ideas arenât so competing anyway. The United States and Australia have laws either enacted or at the bill stage in the name of national security that they can hardly serve as an ideal model for democracy. After all, Edward Snowden went to Hong Kong first.
The Cold War is over, and what is emerging, and what has been emerging, in Hong Kong and the rest of China since the 1990s has been a distinct, unique, Chinese model, one that has its roots in Confucianism and which takes pride in the progress of the city.
The ideal Chief Executive would more likely be a uniter, not a divider, balancing all sides, and ensuring those they represent a fair go. They would be a connecter who can work with both citizens and with Beijing.
Under my reading, there shouldnât be any concerns in Beijing, because pragmatic Hong Kongers would never elect someone who would risk their livelihoods or their freedoms.
And when Beijing sees that such a development can work in Hong Kong, it could be a model to the rest of China.
Taiwan, too, will be watching.
Loving this excerpt from Nancy J. Adler’s ‘Leading Beautifully: the Creative Economy and Beyond’ in the Journal of Management Inquiry, vol. 20, pp. 208â22, at p. 211, which my fellow Medinge Group director Nicholas Ind referred to me:
McGill University strategy professor Henry Mintzberg asked the people in his native Quebec to see the world as artists view it, rather than as normal consumers of the public media. Immediately prior to the last referendum that would decide whether the Province of Quebec would separate from the rest of Canada, Mintzberg challenged the electorate to turn off their radios and TVs, look out their windows, and ask themselves: Do our French- and English-speaking children play together? Do we invite each other into our homes? Do we work well together? Mintzberg was asking his neighbors to view Quebec society through their own eyes and to not let themselves be blinded by politicians who were insisting that people from different cultural and linguistic groups so dislike each other that they cannot live together. He encouraged his neighbors to vote based on their own data. Mintzberg was particularly effective in getting the people of Quebec to see the beauty in their well-functioning, multicultural society, a beauty that had been obfuscated by a profusion of political myths that were broadly perpetrated and perpetuated by politicians and the media alike.
A few points:
in many countries, politicians engage in the politics of hate and division;
by extension, the worse things get for people, the more extreme they can be pushed toward the political fringes;
recognizing the good in our society can reignite our collective purposeâand help make things better.
I’ve heard some of the arguments in the Republican primaries, and to a non-American, the time wasted by PACs on attack ads seems a waste. They also seem rather foreign to a New Zealander. Sure, we attack the opposition, too, but not with the sort of negative undertone exhibited there.
The more time spent on attacks, the less time spent on solutions.
Though you wonder if the institutionalization and the deals done behind closed doors can ever be undone, and I don’t mean just the Americans. I’ve also been reading Michael Lewis’s latest book, Boomerang: the Meltdown Tourâand can happily report to Mr Lewis that I have bought three copies (the one in New Zealand at twice the price of what I paid in India). While most of it covers the global financial crisis, he spends some time with former California governor Arnold Schwarzenegger (original emphasis):
⊠“When you want to do pension reform for the prison guards,” he says, “and all of a sudden the Republicans are all lined up against you. It was really incredible and it happened over and over: people would say to me, ‘Yes, this is the best idea! I would love to vote for it! But if I vote for it some interest group is going to be angry with me, so I won’t do it.’ I couldn’t believe people could actually say that. You have soldiers dying in Iraq and Afghanistan, and they didn’t want to risk their political lives by doing the right thing.” He came into office with boundless faith in the American peopleâafter all, they had elected himâand figured he could always appeal directly to them. That was his trump card, and he played it. In November 2005 he called a special election that sought votes on four reforms: limiting state spending, putting an end to the gerrymandering of legislative districts, limiting public employee union spending on elections, and lengthening the time it took for public school teachers to get tenure. All four propositions addressed, directly or indirectly, the state’s large and growing financial mess. All four were defeated; the votes weren’t even close. From then until the end of his time in office he was effectively gelded: the legislators now knew that the people who had elected them to behave exactly the way they were already behaving were not going to undermine them when appealed to directly. The people of California might be irresponsible, but at least they were consistent.
This is just at state level. It’s a lot worse at the national level there. And yet certain politicians here have a hankering to emulate this behaviour.
Let’s hope that when we next get a chance to elect our officials, we’ll keep these scenarios at the back of our mindsâand stay away from them. Let us, instead, look at all the good we can doâand find ways to unite, rather than divide, people. And also, let us ensure that democracy continues to be accountable to the people, rather than the same old, same old “business as usual”.
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-tightâjust 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 lawâwhich, I might note, the PM was against before he was for, as was the Hon Peter Dunne MPâputs 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 timeâand the majority do not, just like in music. European Commission VP for the Digital Agenda, Neelie Kroes, told the Forum dâAvignon on November 19 a similar story: ’97·5 pe rcent of one of the biggest collecting societyâs members in Europe receive less than ⊠âŹ1,000 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, âcitizens 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.â’ The Register concludes:
In the context of the publicâs increasing resistance to punitive measures such as Americaâs SOPA, New Zealandâs three-strikes disconnection notice regime, the acrimonious âiiTrialâ in Australia (backed by the MPAA via its local sockpuppet AFACT), itâs also interesting to note that Kroes mentions the intermediary business just once in her speech â since, at least to The Register, it seems that most of the publicâs 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.
It’s 2011, which, by my calculations, is the centenary of China kicking out the corrupt Ching dynasty.
It’s the one event that both Republicans and Communists can agree on as being positive. It’s why Dr Sun Yat-sen is such a uniting figure for all Chinese, as the father of the nation.
I can’t speak for all expatriates, but personally, I think this is an anniversary worth celebrating.
Twenty-eleven might be the time to put aside the usual animosity and all the political rhetoric. Like New Year, we can look forward to some unity surrounding the formation of a Chinese republic.
And since we’re unlikely ever to get the two sides agreeing on much more, then maybe a Chinese commonwealth is an idea we should entertain?
Next year marks the centenary of the founding of the Chinese republic. We got rid of our rather hopeless Ching Dynasty, and ushered in Asiaâs first democracy.
Both the Republic of China and the Peopleâs Republic of China see 1911 as an important year, and Dr Sun Yat-sen as the founder of the nation (here is a page from the Zhongshan government on Dr Sun whichâshockâeven mentions democracy). As the father of the country, his legacy one of the few things nationalists and communists agree on, even though technically the two sides remain in conflict and are in a state of Civil War. The Republic began on October 10, 1911, a date which tends to be celebrated by many, though it was formally declared on January 1, 1912.
So, what might 2011 bring in terms of perspective?
Idealists might point to some possibilities:
that closer economic ties across the Taiwan Strait mean the eventual formation of a Chinese commonwealth, with both sides maintaining the political impasse;
a review of the ideas of the republic as espoused by Dr Sun, and the greater acceptance of the political structure he believed in, which included cooperation between nationalists and communists;
that both sides of the political argument agree there are more commonalities than differences between all Chinese peoples.
I doubt weâll see political unity while Beijing is still governed by the Communist Party, which sees little point in changing its own structure to accommodate territories it considers its own. We see a similar view, officially, within the Kuomintang, interpreted in its favour. The regular triumph of ideology over practicality and the prospect of a joint future growth of âChinaâ gets in the way; the idea of an economic union or commonwealth might be the easiest way forward.
Never mind what you call it internally, it is a solution in which both sides can claim victory, preserve face, and avoid bloodshed. The fact that no armistice has been signed by both signs is actually an advantageâbecause it means this difference of opinion can be solved technically as an internal matter, not one between two sovereign states.
This is not an idea that the diehards like, so let the name-calling begin in the comments.
But remember in whatever debate we enter, we should think of this question: since we all dislike what the Ching Dynasty did to China, what is the best way to honour the memory of the founding father of the nation in 2011?
Those of us who enjoy a free press need to use it and not take it for granted. We might not always like whatâs being said, but we should embrace the fact that we can say it at all.
I was surprised to see that the US did not have a fully free press, according to this map from Reporters sans FrontiĂšres, which classes it with Chile, Argentina, France, South Africa and Japan.
In fact, there are few of us that seem to be in the whiteâespecially when you factor in the small populations of Australia, New Zealand and Scandinavia.
The fact there are still countries in the blackâthe colour used here to represent a grave situation for press freedomâis also disturbing. Some communist nations, parts of the Middle East and Africa and several former Soviet states have very little press freedom.
Anyone want to come up with some theories on why the US, France and Japanâdeveloped countries I would have thought would come up in the white on such a mapâare in second place when it comes to press freedoms?
Loving this excerpt from Nancy J. Adler’s ‘Leading Beautifully: the Creative Economy and Beyond’ in the 
