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The Persuader
My personal blog, started in 2006. No paid or guest posts, no link sales.
Posts tagged ‘democracy’
13.02.2022
From the start, Iâve been a supporter of the democratization of design. Everyone has the right to access it, because fundamentally good design is something that makes the world a better place. A lot of websites are founded on this, such as Shopify, which has enough flexibility to give most of the stores we visit a unique look. Wordpressâs templates are generally good lookers that take into account the latest trends. Thereâs an entire industry out there making templates and skins. And, it has to be said, most social media have reasonably good looking interfaces, so people can feel a sense of pride after theyâve posted that theyâve shared text or a photo that has been presented well.
Itâs quite perplexing when you confront some other facts. People will judge the credibility of a website by how good it looks (among other criteria). People can also become addicted to social media, and theyâre designed to be addictive. And as design democratizes, itâs only natural that the less educated (and I donât necessarily mean in a formal sense), those who are not trained to discern fact from fiction, will have access to the same technology and present their work as capably and as attractively as anyone else.
It would be wrong to deny this, just as it would be wrong to deny access to technology or good design because we disagreed with someoneâs political views or their beliefs, even ones we might find distasteful. The key must be to bring social awareness and education up to a point that thereâs no appeal to engage in behaviour thatâs harmful to society at large. By all means, be individual, and question. We should have ways in which this can be done meaningfullyâone might argue this is done in the corridors of power, as anyone in a good, functioning democracy can stand for office. But in countries with low trust in institutions, or those infected by forces that want to send nations into corporatist fascism, there has to be something that balances the wild west of the online world, one that has marched so far one way without the structures to support it. We have, in effect, let the technology get the better of us. There is no agreed forum online where tempers can be abated, and because we have encouraged such individualist expression, it is doubtful whether some egos can take it. We have fooled ourselves into thinking our own selfies on social media have the same value as a photo taken by the press for a publication. As such, fewer can lead, because no one wants to play second fiddle.
These are confusing times, though the key must be education. It is often the answer. Keeping education up with the technology so our young people can see and understand the forces at play. Give them a sense of which corporations are wielding too much influence. Teach them how to discern a legitimate story from a fictionalized one. Teach them how the economy really worksânot just the theory but how the theory has been hijacked.
This canât wait till university: it has to be taught as early as possible. If todayâs kids are bringing their devices to school, then itâs never too early to make them aware of how some online content is questionable. Tell them just why social media are addictive and why they canât open accounts on the big sites till theyâre 13. In fact, tell them how the social media companiesâ bosses actually donât let their own kids use the services, because deep down they know theyâre bad for them.
If they know from a young age why some things are harmfulâin the same way we were told that cigarettes were, or to say no to drugsâthen hopefully they can steer clear of calls on social networks funded by parties who seek to divide us for their own gain.
Thereâll be a delay in having a gallery on this blog this month as a dear friend is helping me migrate our sites off an old AWS instance. He doesnât wish to be named. But I am deeply thankful to him.
The data have already been shifted off this server. At this rate I will have to repost this on the new box once the domain is set up. Reposting a gallery might just be a bit tricky, so there mightnât be one for February 2022, depending on when my friend can get to this domain.
Tags: 2020s, 2022, democracy, democratization, design, fascism, politics, server, Shopify, society, technology, Wordpress Posted in culture, design, internet, marketing, media, politics, publishing, social responsibility, technology | No Comments »
23.01.2021
You know the US tech giants have way too much power, unencumbered by their own government and their own countryâs laws, when they think they can strong-arm another nation.
From Reuter:
Alphabet Incâs Google said on Friday it would block its search engine in Australia if the government proceeds with a new code that would force it and Facebook Inc to pay media companies for the right to use their content.
Fine, then piss off. If Australia wants to enact laws that you canât operate with, because youâre used to getting your own way and donât like sharing the US$40,000 million youâve made each year off the backs of othersâ hard work, then just go. Iâve always said people would find alternatives to Google services in less than 24 hours, and while I appreciate its index is larger and it handles search terms well, the spying and the monopolistic tactics are not a worthwhile trade-off.
I know Google supporters are saying that the Australian policy favours the Murdoch Press, and I agree that the bar that the ACCC (Australian Competition and Consumer Commission) has set for what qualifies as a media business (revenues of over A$150,000 per annum) is too high. So it isnât perfect.
The fact Google has made a deal in France suggests it is possible, when the giant doesnât whine so damned much.
Plus, Google and Facebook have been dangerous to democracy, and should have done more for years to address these issues. Theyâve allowed a power imbalance for the sake of their own profits, so paying for newsâeffectively a licensing payment that the rest of us would have to fork outâat least puts a value on it, given how it benefits the two sites. No search? Fine, letâs have more ethical actors reap the rewards of fairer, âunbubbledâ searches, because at least there would be a societal benefit from it, and since they arenât cashing in on the mediaâs work, Iâm happy for them to get a free licence to republish. Right now I donât believe the likes of Duck Duck Go are dominant enough (far from it) to raise the attention of Australian regulators.
Facebookâs reaction has been similar: they would block Australians from sharing links to news. Again, not a bad idea; maybe people will stop using a platform used to incite hate and violence to get their bubbled news items. Facebook, please go ahead and carry out your threat. If it cuts down on people using your siteâor, indeed, returns them to using it for the original purpose most of us signed up for, which was to keep in touch with friendsâthen we all win. (Not that Iâd be back for anything but the limited set of activities I do today. Zuckâs rich enough.)
A statement provided to me and other members of the media from the Open Markets Instituteâs executive director Barry Lynn reads:
Today Google and Facebook proved in dramatic fashion that they pose existential threats to the worldâs democracies. The two corporations are exploiting their monopoly control over essential communications to extort, bully, and cow a free people. In doing so, Google and Facebook are acting similarly to China, which in recent months has used trade embargoes to punish Australians for standing up for democratic values and open fact-based debate. These autocratic actions show why Americans across the political spectrum must work together to break the power that Google, Facebook, and Amazon wield over our news and communications, and over our political debate. They show why citizens of all democracies must work together to build a communications infrastructure safe for all democracies in the 21st Century.
Considering Google had worked on a search engine that would comply with Communist Chinese censorship, and Facebook has been a tool to incite genocide, then the comparison to a non-democratic country is valid.
So, I say to these Big Tech players, pull out. This is the best tech “disruption” we can hope for. Youâre both heading into irrelevance, and Australia has had the balls to do what your home countryâfrom which you offshore a great deal of your moneyâcannot, for all the lobbyists you employ. You favour big firms over independents, and the once level playing field that existed on the internet has been worsened by you. The Silicon Valley spirit, of entrepreneurship, born of the counterculture, needs to return, and right now youâre both standing in the way: you are âthe manâ, suppressing entrepreneurial activity, reducing employment, and splitting people apartâjust what dictatorial rĂ©gimes do.
As an aside, the EU is also cracking down on Big Tech as it invites the CEOs of Amazon, Apple, Facebook and Alphabet (Googleâs parent company) to a February 1 hearing. Theyâve bled people for long enough and itâs time for some pushback.
Tags: 2020, 2021, ACCC, Australia, Big Tech, China, democracy, Duck Duck Go, employment, entrepreneurship, EU, Facebook, Google, law, licensing, media, Murdoch Press, publishing, Red China, unemployment Posted in business, China, culture, internet, media, politics, publishing, technology, USA | 1 Comment »
08.07.2020

Public domain/Pxhere
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.
Tags: 2020, China, democracy, free press, freedom of speech, Hong Kong, law, media, news, press freedom, radio, Radio New Zealand, Wallace Chapman Posted in business, China, culture, Hong Kong, media, New Zealand | 1 Comment »
04.12.2019

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.
Tags: 1980s, 2010s, 2019, Aristotle, Big Tech, capitalism, consumerism, democracy, economics, economy, Federal Trade Commission, Financial Times, Google, inequality, innovation, intellectual property, law, M&A, Martin Wolf, monopoly, Murdoch Press, occident, philosophy, technology, theft, Thomas Philippon, USA Posted in business, internet, politics, USA | No Comments »
18.03.2017

Paul Clarke/CC BY-SA 4.0, commons.wikimedia.org/w/index.php?curid=37435469
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.
Originally published in Lucireâs online edition.
Tags: 2017, blogosphere, computing, democracy, Edward Snowden, Facebook, Google, internet, journalism, JY&A Media, Lucire, media, politics, privacy, publishing, Sir Tim Berners-Lee, social media, social networking, USA, Web 2·0, ânet neutrality Posted in culture, internet, media, politics, publishing, technology, USA | No Comments »
29.09.2014
Equal access: an audio recording of this blog post can be found here.
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 2œ 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.
Tags: 2010s, 2017, Beijing, China, Chinese Communist Party, Confucianism, democracy, economy, freedom, freedom of speech, Hong Kong, law, Occupy, politics, press freedoms, Republic of China, Taiwan Posted in business, China, culture, Hong Kong, politics | 1 Comment »
27.01.2012
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”.
Tags: Aotearoa, Arnold Schwarzenegger, California, Canada, democracy, division, history, humanism, Jack Yan, Medinge Group, Michael Lewis, New Zealand, Nicholas Ind, politics, QuĂ©bec, unity, USA, Wellington, Whanganui-a-Tara Posted in culture, leadership, New Zealand, politics, USA | No Comments »
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-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.
Tags: 2011, Aotearoa, Australia, copyright, democracy, DMCA, Europe, France, General Election, intellectual property, Jack Yan, John Key, JY&A Fonts, law, media, MPAA, New Zealand, Peter Dunne, politics, rule of law, SOPA, trade mark, typeface design, TypeRight, USA, Wellington, Whanganui-a-Tara Posted in business, culture, design, internet, leadership, media, New Zealand, politics, technology, USA, Wellington | No Comments »
18.01.2011
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?
Tags: 2011, anniversary, centenary, China, Chinese, democracy, identity, imperialism, republicanism Posted in China, culture, Hong Kong | 2 Comments »
10.03.2010
That was a very interesting 30 hours. I found out about the âWellywoodâ sign yesterday afternoon, through Twitter, and Tweeted to say I hated it. Little did I know then that there was a huge Facebook groupâ6,000 strong at the time of writingâwhere Wellingtonians were making their voices known.
And when I got there to Facebook, I was inspired.
While my opponents were still talking hot air, I decided to act for the good of the city. I was inspired by one comment on the larger anti-sign Facebook group, which asked: surely someone holds the copyright?
First stop: the Hollywood Sign Trust. If anyone knew who owned the sign, it would be them.
I received a very nice reply from Betsy Isroelit of the Trust at what must have been very early hours in California, to say that she had referred it to the correct parties.
By the time I got up today, I had an email waiting from Global Icons, LLC, which, with the Hollywood Chamber of Commerce, owns the original Hollywood signâs intellectual property. Global Icons, from what I understand, looks after this side of things for the Chamber. And would I please send them the artistâs impression of what the sign would look like?
And that kicked it off. I mentioned this to Rachel Morton at TV3 news before I was interviewed, and she took the initiative by contacting the CEO of the Chamber for comment immediately. It turns out that he did not know that the matter was already brewing in California, but he does now. Rachel tells me that he then put the Chamberâs lawyers on to the case. Thatâs two for us, nil for Mayor Prendergast and the airport.
All it took was the creativity of Wellingtonians to show something I have said from day one.
You know, creativity? The thing that this sign does not represent, and makes fun of?
And all it took were everyday Wellingtonians collaborating. I was inspired by the person on the Facebook group. And if I hadnât approached the Trust and Global Icons, I wouldnât have mentioned it to Rachel. And if Rachel hadnât called the CEO, Global Icons would probably be going it alone. It doesnât matter who gets the credit, because the credit is, really, everyoneâs. The result should hopefully be that this horrible sign does not go up because people were prepared to actâwhether by making their voice known on Facebook, or making some phone calls.
People power, not corporates, not Ă©lites, gets things done. And that includes this yearâs mayoral election.
Tags: Aotearoa, California, copyright, democracy, destination branding, Facebook, Hollywood, intellectual property, Jack Yan, law, mayoralty, media, New Zealand, people power, trade mark, USA, Wellington, Whanganui-a-Tara Posted in culture, internet, media, New Zealand, politics, technology, Wellington | 5 Comments »
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