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The Persuader
My personal blog, started in 2006. No paid or guest posts, no link sales.
Posts tagged ‘copyright’
13.12.2019
Yesterday, I received an email purporting to be from Facebook, with the body reading:
Hi,
We are obliged to inform you that your page has been flagged because of unusual and illegal activity, therefore your page might be permanently deleted.
In order to avoid such actions from our side, you need to fill the forms following the link below.
https://www.facebook.com/notes/page-copyright/appeal-a-page-policy-violation/110429970444163/
If you decide not to act accordingly, we will immediately delete your page.
Yours,
Facebook Security Team
The âfromâ address is [email protected], which should already scream âFake!â but my eyes werenât drawn to that. Nor was it drawn to the fact the email came from AWS, not Facebook. I clicked on the link, because it was hosted at Facebook.
I arrived at this page:

Yes, itâs on Facebook, but itâs actually a Facebook page, which anyone can set up. This is the âaboutâ section from that page. If you click on their link, thatâs when you get suckered in, as you have to fill out information about your own page. Beyond this, you have to log in again, and thatâs when their fun starts.
After I learned of the scam, I sent out warnings on Twitter and on my public page at Facebook. I then reported the page to Facebook (itâs still there, as it has been since September). Thereâs also a second one along the same lines, also from September.
Hereâs the real kicker: my Facebook post has actually disappeared. Facebook has deleted a warning to other Facebook users about parties using their platform illegally for phishing and identity theft. Iâd call this an implicit endorsement of criminal activity.
Itâs not unlike Google Plus, which used to delete my posts critical of Google itselfâeven though these are real warnings.
Please do not be taken in by this identity theft scamâand Iâm very surprised that Facebook would actually allow it to happen.
Then again, remember Facebook used to force “malware scanner” downloads on us, so it seems to adopt the same tactics dodgy hackers do.
Tags: 2019, copyright, cover-up, email, Facebook, hacking, identity theft, privacy, scam Posted in internet | No Comments »
13.04.2019

European Unionâwww.europarl.europa.eu/downloadcentre/en/visual-identity, Public Domain; link
Iâm reading more about this EU copyright directive that was voted in last month.
Without doing a full analysis, I can say that we wonât go after anyone who links to our publications.
We presently donât care if you use a brief snippet of our content and link back to the rest. I canât see our position changing on this.
We do care if you take entire chunks (e.g. the text of an entry on Autocade, since they’re only a paragraph long). In some cases we only have the rights to photos appearing on our own site so we may want those removed if they’ve been copied from us.
Over the years Iâve just contacted publishers and asked them politely. Only a tiny handful actually respond; quite a few sites are bot-driven with feedback forms that no one checks. They get DMCAed.
But I donât have a problem with the systems that are in place today.
It seems the EU is going to wind up creating a segregated internet: one where Big Tech and large media corporations can afford to do everything and smaller publishers canât. This is already happening, thanks to Googleâs own actions with favouring mainstream media sources rather than the outlet that had the guts to break the news item. Big companies are flexing their muscles and lawmakers are bending over backwards to serve them ahead of their own citizens. (Incidentally, I canât see the UK doing anything differently here post-Brexit.)
Smaller publications might band together and share among themselves by some sort of informal agreement.
So for us, when it comes to linking and excerpting, keep doing it. Unless something happens that forces me to change my mind, Iâm all for the status quo ante in the EU.
Tags: 2019, Big Tech, copyright, copyright law, EU, fair use, Google, law, media, publishing Posted in business, internet, media, publishing, technology, UK | No Comments »
11.06.2018
Thatâs it for ânet neutrality in the US. The FCC has changed the rules, so their ISPs can throttle certain sitesâ traffic. They can conceivably charge more for Americans visiting certain websites, too. Itâs not a most pessimistic scenario: ISPs have attempted this behaviour before.
Itâs 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 youâre 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 Americansâ traffic as well, including websites that they mightnât want others to know theyâre 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 ânet neutrality, innovators will find it harder to get their creations into the public eye. Small businesses, in particular, will be hurt, because we canât pay to be in the âfast laneâ 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 âfast laneâ have benefited from ânet neutrality themselves, but are now pulling the ladder up so others canât climb it.
Itâs worth remembering that 80 per cent of Americans support ânet neutralityâthey are, like us, a largely fair-minded people. However, the FCC is comprised of unelected officials. Their ârepresentativesâ in the House and Senate are unlikely, according to articles Iâve read, to support their citizensâ will.
Hereâs 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 âGreat Wallâ wonât 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 wonât 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 mightnât catch the publicâs imagination in quite the same wayâthe 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 USâs determination to put up trade barriers based on false beliefs about trade balances, weâre in for a less progressive (and I mean that in the vernacular, and not the political sense) ride. âThe rest of the worldâ needs to pull together in this new reality and ensure their subjects still have a fair crack at doing well, breaking through certain partiesâ 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 didnât have to ask anyone for permission, and neither did Americaâs 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 todayâs world, companies canât operate without internet, and access to it is controlled by just a few providers. The FCCâs 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?’
Tags: 2017, 2018, censorship, China, copyright, copyright law, corporate abuse, FCC, freedom, Google, innovation, internet, law, New Zealand, politics, power, privacy, Sir Tim Berners-Lee, USA, World Wide Web, ânet neutrality Posted in business, China, internet, New Zealand, politics, publishing, technology, USA | No Comments »
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 LotusâFord 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.

Tags: 2018, Aotearoa, art, cars, copyright, copyright law, Ford, Instagram, Lotus, New Zealand, social media, technology, Wellington, Whanganui-a-Tara Posted in cars, interests, New Zealand, technology, Wellington | 3 Comments »
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 winâwin? 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 biteâseems 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, howeverânote-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 positiveâwins all round.
Tags: 2017, Aotearoa, Australia, copyright, copyright law, Instagram, intellectual property, law, New Zealand, photography, social media, Wellington, Whanganui-a-Tara Posted in business, internet, marketing, New Zealand | 2 Comments »
10.03.2016

With the lead-up to the 20th anniversary of the German TV show Alarm fĂŒr Cobra 11: die Autobahnpolizei, a fan group I runâthe largest unofficial community on Facebook for the seriesâhas 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 positionâbut 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 fĂŒr 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 GrĂŒtzmacher featuring the history of the series, and fan videos by Herr Stefan Wilke made in 2002 and 2004. Given RTLâs 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 GrĂŒtzmacher while he was contracted to Action Concept, advertisements made by Kia Motors Deutschland GmbH which feature Alarm fĂŒr Cobra 11 characters, news articles covering Alarm fĂŒr 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 fĂŒr 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 showâthe last of which are indisputably RTL copyrighted materialâwill 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).
Tags: 2016, advertisement, advertising, Alarm fĂŒr Cobra 11: die Autobahnpolizei, copyright, Facebook, hypocrisy, intellectual property, Kia, RTL, social networking, TV Posted in business, internet, TV | 1 Comment »
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. Iâm not saying I like Dotcomâwho I think is only out for himself and yes, he comes across as a dickâbut fairâs fair. Nor am I saying I support copyright infringement, but under New Zealand law thatâs a civil matter that should be fought by the infringed, not by governments. (In the US there is a criminal provision but the guy hasnât ever been there nor was his company based there.)
When I read the prosecutionâs case it falls down at some basic hurdles. They say the defendants infringed. But they donât say what they infringed. Youâve got to have this, especially if youâre going to prosecute this as a crime. The guy has a right to know exactly whatâs at issue. And Megaupload stored stuff, they werenât the infringers. Even if they knew about it, thereâs 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. Iâm 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 heâs 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 âthe moment of truthâ. 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, itâs technically legal to run things through a Bermuda tax haven and pay yourselves back for stuff.
Tags: 2015, Aotearoa, Auckland, copyright, copyright law, Glenn Greenwald, Google, intellectual property, Kim Dotcom, law, New Zealand, politics, TÄmaki Makaurau, tax, USA Posted in internet, New Zealand, politics, technology, USA | No Comments »
09.05.2015
Thatâs another British General Election done and dusted. I havenât followed one this closely since the 1997 campaign, where I was backing John Major.
Shock, horror! Hang on, Jack. Havenât the media all said you are a leftie? Didnât you stand for a left-wing party?
Therein lies a fallacy about left- and right wings. Iâve 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 caricaturesâthere has been a ârightwardâ 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 dayâthis holds more true than ever. We know what subscribing to certain partiesâ 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 arenât 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 Milibandâs insistence on the âbudget responsibility lockâ, to demonstrate that he had a handle on the economy, when Economics 101 told us that austerity isnât 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 didnât practise austerity, but he did practise conventional economics with the government going more into deficit through increasing spending during the early 1990sâ 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 Johnâs own goal while campaigning for the Tories in this General Election, when he said at the Tory Reform Group annual dinner, âWe 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.
âHow 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.â
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 âclassless societyâ 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 theyâre 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 Blairâs and Gordon Brownâs 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 âChangeâ and âItâs about New Labour, new Britain.â It hid, to those of us watching the General Election and the year before it, New Labourâs 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 didnât matter. (Or, as I had told many of my design classes at the time when I was teaching, the Conservativesâ Arial was no match for Labourâs 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 Labourâs 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 partyâwhich I imagine we will see reemerge in the next few daysâindicate 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 âLabour isnât workingâ (the WilsonâCallaghan 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 arenât getting their shot at the âclassless societyâ, then is the place any good? If the class divide has grown, contrary to Sir Johnâs own views, and weakened Britain as a result of the contraction of economic players in it, then even the ârightâ canât support that. To me, I thought conservatism was letting everyone have a shot, and about solid, national enterprise, and this century hasnât 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 observationâthe two terms of John MajorâI 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 (1975â84), 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 wouldnât 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 havenât 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 passĂ©, 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 werenât 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 Governmentâthatâs 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 âleftâ, 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, âAll 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.
â⊠[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? Iâd 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. Itâs wise investing, and itâs progress.
âThere 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.
âAnother example is with software patents, which our country has voted to do away with. Itâs been shown that that would spur innovation.
âThe 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.
â⊠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. Iâm 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.â
One argument in favour is: if we are not party to this, then does this mean we will get shut out of it? Iâm 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 itâs so easy, even under WTO, to erect non-tariff barriers? And why should corporationsâ rights trump citizensâ, as opponents are quick to point out?
âAt the end of the day,â 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 donât 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 âleftâ and ârightâ and work out for ourselves where weâd like our country and our world to head, we will start working together without these false divisions. I might add that âbeing Asianâ in this country is yet another false division. No wonder most people are sick of politics, politicians and âpolitics as usualâ, because most of us cannot be bothered pigeonholing ourselves. We just want to do whatâs decent and honourable and have the chance to get on with it.
Tags: 1980s, 1990s, 1997, 2015, Bank of England, campaigning, Conservatives, copyright, copyright law, David Cameron, economics, Ed Miliband, election, England, free trade, free-trade agreement, General Election, George Osborne, globalization, Gordon Brown, history, intellectual property, John Key, John Major, Keynesian economics, Kim Dotcom, Labour, London, Margaret Thatcher, media, monetarism, National Party, New Zealand, Norman Lamont, patent law, Peter Mandelson, politics, Rogernomics, Sir Robert Muldoon, spin doctoring, technology, Thatcherism, Tony Blair, TPPA, trade, transparency, UK Posted in business, globalization, media, New Zealand, politics, technology, UK | No Comments »
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 Watsonâs âPlanet Keyââin fact, it can never be broadcast, and apparently, to heck with the Bill of Rights Act 1990âI felt it only right to help him express his great work, in the best tradition of William Shatner covering âRocketmanâ. 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 costsâwhich 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.
Tags: 2014, Aotearoa, Apple, Bill of Rights Act 1990, copyright, Darren Watson, election, freedom, freedom of expression, freedom of thought, General Election, law, legislation, media, music, New Zealand, parody, satire, Wellington Posted in culture, internet, media, New Zealand, politics, Wellington | No Comments »
17.03.2014
At the weekend, 40,000 to 50,000 took to the streets of MoskvaâMoscowâto protest their governmentâs actions in the Ukraine, at the Peace and Freedom March. I understand that media called the countryâs actions âthe shame of Russiaâ.
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 Iâve 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 materialâdespite 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 complainedâand Iâm hardly a target for those interested in Russian politics.
I have since uploaded the album to my Facebook fan pageâwhere it has not been deleted, but stats for it do not show up. Thanks to Facebookâs actions, Iâve uploaded the five images to my Tumblr as wellâand here they are again, for your interest.
We can credit Facebook for ensuring that these images were more widely shared.
Tags: 2014, copyright, copyright law, Facebook, free press, free speech, Kim Dotcom, law, Moskva, peace, politics, press freedoms, presumption of innocence, Russia, Ukraine, USA Posted in internet, media, politics, publishing, USA | 3 Comments »
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