interweb freedom

(formerly Stop Usage Based Billing)

Posts Tagged ‘boingboing’

ACTA Conspiracy Theory

Posted by Laurel L. Russwurm on September 7, 2010

The latest round in the ACTA talks has finished and KEI (Knowledge Ecology International) has released the leaked version of the text, which seems somewhat toned down. Still, it isn’t over yet. Nor is this an official version.

Obviously the USTR (United States Trade Representative) is aware that there have been many ACTA leaks. It is reasonable to assume that the people who have leaked the ACTA documents have been as concerned about ACTA’s attempt to make an end run around democracy as I am. Leaking the ACTA documents has been a very risky undertaking with serious consequences if caught. Yet there have been many such leaks.

There was in fact been one official release. In the midst of the process. But the American Government blocked a second official release.

The August 25th version isn’t an official ACTA release, this is another leak.

It has long been clear that major media corporations have been the biggest force behind ACTA. And the most major of these special interest groups are the MPAA movie corporations.

I’ve always loved spy thrillers and multi-layered mystery stories. If I were a major movie company trying to pass a secret trade treaty that would ensure my corporation’s economic health by forcing global adoption of laws beneficial to my interests, I would do what any good thriller writer would do: employ misdirection. It shouldn’t be very difficult at all particularly with the talented writers at their disposal.

Think about it. Releasing an official version would show the reasonableness of the treaty participants. It would demonstrate that ACTA is not as bad as it has been portrayed. Doing it in the middle of the process would be a wonderful way to lull opposition into a false sense of security. You can always reintroduce controversial elements once it is again clothed in secrecy.

In the same way the Allies used misdirection to keept the Nazis confused as to where an Allied invasion force would land, I would release a fake leak. One that would make it look as though the worst bits of ACTA have been watered down. Declawed even. It is not like draft legislation; it is a document without provenance. No one stands behind it.

a leak is not official… it can say anything

Are movie companies that sneaky? Several years back I remember reading that three movie companies decided to make a movie based on The Three Musketeers in the same year. Why not? It’s a great story and its in the public domain. The story was that the richest and most powerful of the three movie companies scoured Europe and bought or rented every possible period costume that could be had. The end result being that only one Three Musketeers film was made that year. So yes, I rather think that movie companies could be that sneaky.

If ACTA appears to be getting weaker the forces arrayed against it may weaken as well. I don’t know about anyone else, but I would rather be working on any number of things than blogging about this. This is just a wild eyed conspiracy theory. Pure speculation.

I learned a long time ago not to believe in the check that’s in the mail until it has been cleared by my bank. The thing is, we can’t afford complacency.

cliched but true: it ain’t over ’til it’s over

reprint of an old classified ad- United States and Foreign Copyrights - Patents and Trademarks -  A COPYRIGHT will protect you from pirates and make you a fortune.  If you have a PLAY, SKETCH, PHOTO, ACT, SONG or BOOK that is worth anything, you should copyright it.  Don't take chances when you can secure our services at small cost.  Send for our Special Offer to Inventors before applying for a patent, it will pay you.  Handbook on patents sent FREE.  We advertise if patentable, or not FREE. We Incorporate stock companies.  Small fees.  Consult us.  WORMELLE & Van Mater, Mangers, Columbia Copyright and Patent Co Inc. Washington DC

Some recent ACTA articles from around the web:

Starting with KEI’s James Love in The Huffington Post: White House Blocks Disclosure of Secret Intellectual Property Trade Text

and one of the premier sources of ACTA information and explanations is Canada’s own Michael Geist, whose latest at time of posting is ACTA’s Enforcement Practices Chapter: Countries Reach Deal as U.S. Caves Again

Another important ACTA Source has long been La Quadrature Du Net

TECHDIRT: And, Of Course, ACTA Leaks: Some Good, Plenty Of Bad

TECHEYE.NET: ACTA turns on Movie Studios

SYDNEY MORNING HERALD: Piracy setback for movie giants

OPEN ENTERPRISE Glyn Moody: ACTA: Please Do What Simon Says…

NationalJournal Tech Daily Dose: Scope Of ACTA Worries Critics

Zero Paid: ACTA Leaks Again – Our Review of the August 2010 Copy

P2PNET: Latest ACTA draft leaked online

ZDNET Australia: ACTA warms to ISPs?

Wild Webmink: URGENT: Has Your MEP Signed The ACTA Written Declaration?

WIRED INN: ACTA Letter to MEPs

POGO WAS RIGHT: Of Note: Text of ACTA leaked (updated)

PNT: ISP Liability For Infringement Nuked, ACTA Leak Reveals

STAND UP DIGGERS ALL: ACTA: Treaty without a cause?

TORRENT FREAK: ISP Liability For Infringement Nuked, ACTA Leak Reveals

Oh! Canada: ACTA keeps chugging along post

and ending with the inimitable Cory Doctorow’s boingboing: Latest leaked draft of secret copyright treaty: US trying to cram DRM rules down the world’s throats

Any way you slice it, ACTA continues to be bad.


Image Credit:

“A COPYRIGHT will protect you from pirates” under a Creative Commons Attribution Share Alike License (cc by-sa) by Ioan Sameli

Posted in Changing the World | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments »

UBB vs. Small Business

Posted by Laurel L. Russwurm on June 8, 2010

No Usage Based BillingI’ve heard it said that UBB won’t have a negative impact on Canadian businesses, because businesses have business accounts, and business accounts won’t be affected by Usage Based Billing.

But Usage Based Billing will certainly have a huge impact on many small Canadian Businesses. Big corporations like Bell Canada might have “money to burn” but small businesses almost always operate on tight budgets.

Red Maple Leaf graphic

New Business

Private start-ups and “on the side” businesses are likely to enter the Internet via personal internet accounts, not business accounts. Many small businesses start out as hobbies or spare time projects with no bank loans or investors.  There is no outside capitalization; often just an idea or a dream begun as a personal project or a hobby financially supported by the entrepreneur’s “day job”. That’s exactly how almost all those eBay sellers go into business.

A good number of these businesses are created by students.  Or at-home parents. Others are begun by people re-entering the workforce after parenting or other hiatuses or perhaps after being “downsized” (before or during the recession). The clear advantage of setting up a business in this way is that a minimal cash outlay allows you to determine if there is even a market for the business you want to launch. It isn’t necessary to go into personal debt or apply for government grants or subsidies to get a business started this way.

A wide array of online services like eBay.ca, Amazon.ca, Elance, CreateSpace, Twitter, Identi.ca, MySpace, Facebook, Reverbnation, WordPress, Craigslist and Kijiji.ca have sprung up to serve the explosion of online entrepreneurs with little or no cash outlay.

But Canadians will be far less likely to embark on these small business ventures if they can’t afford to launch due to the inflationary cost of Usage Based Billing.

Red Maple Leaf graphic

Old Business

A decade ago the Internet was a luxury item; a time waster for most small businesses. That is no longer the case.

In the beginning small businesses without a computer or Internet component didn’t have to be on the Internet. If they had an owner or employee with the ability to learn how, or the budget for training, they may have put together a web page. Or spent money to hire someone to make a web page for them. Many companies started web pages or blogs, and once they were online, they remained exactly the same. Because maintaining, adding to and changing web pages is expensive.

But it is hard for a small business to justify contracting out or using employee man-hours to create web pages because most web pages don’t generate any income at all.

Big businesses like Bell Canada may have a budget for branding but small businesses usually don’t.

Many blogs and websites are undertaken by people without expectation of recompense. People create nonprofit informational or public service websites to educate and inform people about their area of expertise or subjects close to their hearts. These sites or blogs are in essence avocations or hobbies, although they often add to the reputation of the person or business behind it. They are not income creating websites. It is reasonable and even acceptable for these websites and blogs to be conducted under non-commercial accounts.

Canadian experts may think twice in future before taking on this type of web commitment once Usage Based Billing is implemented. It’s one thing to offer your expertise gratis, but something else to have to have to pay an unwarranted price for the privilege.

Canadians have led the world in embracing the Internet which means that in today’s world small Canadian businesses must have a web presence. It isn’t enough to just have a web page, it is important to continually add content of some kind in order to draw web traffic. Because if no one goes to your web page you don’t have a web presence.

If you are a photographer or an artist, you might want to show off your work.    If you’re a fine artist, you might use your website to show techniques and features of how art is made, educating your readers using your art as examples. If you’re a cake artisan, you will want to show a gallery of your creations. If you’re a card maker you’ll want to put your catalogue onlline. If you’re a musician, you’ll want to sell your music online. If you are an actor, you might undertake a project to do 100 Jobs. If you’re a geek, you might get together with other geeks and put together a website to tell people about interesting stuff.

Taking your existing business “online” may enhance your business, or maybe only allow it to hold it’s own. Not being able to will be detrimental to your business.   Small Canadian businesses running close to the bone will certainly be penalized by these sky-high Usage Based Billing price increases, and may well have to give up their attempts at establishing a web presence as a direct result.

The exorbitant cost of Usage Based Billing may well stop many small Canadian businesses from being able to compete.

Quartzlab Ubuntu Lynx Picture disk open on an aged IBM Thinkpad running Ubuntu

Red Maple Leaf graphic

Computer Business

An unexpected movement has been happening in the computer world. It’s called FLOSS, which stands for Free Libre Open Source Software. As incredible as it may sound to those of us who grew up in the 20th Century, people whose day jobs computing devote a great deal of their spare time working with others from around the world to create and share software. For free. Both free as in speech and free as in beer.

These people often communicate and work together exclusively though the Internet. And by working together they have created such things as GNU/Linux, the operating system used by most of the world’s supercomputers (like the ones at the University of Toronto), as well as a growing number of personal computers. (I don’t know about you, but I think freeing people from the tyranny of Microsoft and Apple is a good thing.) Wikipedia is another bit of altruism that could never have come to exist were it not for people working together for the good of all. The Internet allows people to come together to accomplish these things to benefit all.

Canadians who participate in these non-commercial ventures will now be penalized by the inflationary Usage Based Billing.

The Starry Night by Vincent Van Gogh

Red Maple Leaf graphic

Cultural Business

Like Vincent Van Gogh, who was unable to make a living selling his art in his lifetime (although his paintings are worth something today), artists create their art regardless of whether or not it is profitable. A tagline on a talented Canadian singer/songwriter/musician/recording artist’s website reads:

“Why music?” “Why breathing?”

Allison Crowe website

For half a century the Canadian Music Industry was been almost entirely controlled by the CRIA, a very small handful of very powerful branch plants of American recording companies. By virtue of their exclusive control of the distribution network they were able to force Canadian artists to sign contracts that were terribly beneficial for the record companies, but more akin to indentured servitude to the recording artists, who generally had to give up some or all of the copyright to their own work in exchange to have their music recorded, promoted and distributed.

Shirley Russwurm, Stompin' Tom Connors, Lynn Russwurm, Lena Connors

Pretty much the only notable exception to this regime was Canadian troubadour Stompin’ Tom Connors. But if you read his autobiographies you will see just what was involved in becoming an Independent recording star in a world dominated by the CRIA.

For most creators just being able to get their work before an audience is the most important thing. The Internet gives Canadian creators unprecedented opportunity to be heard. For the first time in history the Internet has given Canadian creators relatively easy and affordable access to the entire world to disseminate their art and find an audience. Canadian culture is thriving in a way it hasn’t been able to since the 1950’s now that artists can distribute their music yet still retain their copyright and control over their art. Many Canadian artists who might not otherwise been able to get established are able to make a living with their art.

Some will succeed and be able to do business, and some will never become viable propositions. But at least they can take their shot, which is why 30% of the Canadian recording industry is now independent of the CRIA. The horizons of our cultural smorgasboard have expanded. But like anything else, until creators begin generating income, it is reasonable for them to use a non-commercial internet access. Yet this is precisely the type of Internet connection that will at least double if Usage Based Billing is implemented.

Under the old music business model, the best way for a recording artist to become known was through radio airplay. This was such a crucial component of success that a huge scandal erupted when it became known that representatives for the big American record companies had been engaging in “Payola” which was the fine art of bribing Disk Jockeys to play records. After all, no one was likely to go out and buy records of music they had never heard.

One of the chief marketing methods of modern Independent recording artists is to make their music available to their potential audience, by offering the opportunity to listen to it on the artist’s website or download it. Recording artists may well give away digital copies of their recordings freely under creative commons licenses. If the website is in Canada, and the website traffic increases as the music becomes well known, Bell Canada’s Usage Based Billing may well put many Independent recording artists out of business — right at the point they are about to become a viable business.

Many Canadian creators may find Usage Based Billing makes access to the Internet prohibitively expensive.

canadian paper money - photo by laurelrusswurm

Coming and Going

Every private Canadian who has chosen to host their own website and paid extra for a domain name– even those who have paid a premium to be get a CIRA dotCA domain name– these Canadians who create content on their own will be hit both ways: they will be charged Usage Based Billing when they upload content to their websites as well as when others visit their site and view it.

What this means is that the more successful the site is, the more expensive it will be to host.

If you are a recording artist, it often takes a while to build a following. Being able to cover the costs of your recording session is not the same thing as being able to make a living from your art. It takes time to get established in any artistic endeavor. And now it will be more difficult as creators will need to pay Bell’s inflationary Usage Based Billing during the difficult early days.

The only way to avoid being penalized for our success will be to make the painful but economically sound decision to put our primary content on commercial sites. A trade-off of exclusive control of our own creations in order to be able to participate on the Internet.

What does that mean exactly?

Canadian paper money, photo by laurelrusswurm

Certainly everyone is aware of the Facebook privacy issues. When Facebook first began their default privacy settings offered users a very high level of privacy, and over the years they have summarily changed them, leaving the onus on their users to scramble to understand and try to re-protect their private information. So that’s the first thing: when your content is hosted on someone else’s site, they can change the rules without your consent.

Another issue is that most of these sites are physically housed in the USA. and so fall under the terms of American law, not Canadian. The United States has had the DMCA for twelve years now, and under this law it only takes is an allegation of copyright infringement before your content would be taken down by American hosts like YouTube. This is an allegation understand, facts don’t have to enter into it. Brit Rocker Edwyn Collins had his own music to which he was the rights holder pulled from his MySpace page after his former label alleged he was infringing copyright. So when Canadians put our content on American web pages we are placing it under the jurisdiction of American Law, in particular the DMCA, even before our own Bill C-32 is passed. That’s something else to consider.

But economic constraints may in fact force Canadian creators to place their own content under the control of others and outside Canadian legal jurisdiction because of extortionate Usage Based Billing costs.

Usage Based Billing will punish Canadian creators for their very success.

The Flip Side

The CRTC accepted Bell Canada’s application to apply Usage Based Billing to the customers of the Independent ISPs as a means of “traffic management”. The intent is to force Canadians to use the Internet less.

This will impact not just on small businesses but big businesses too, because Canadians will use the Internet less because using it the way we do today will cost us more. Since most of us don’t have the first idea of how much bandwidth we are actually using, we will simply cut back on anything non-essential. Instead of casually using the Internet for everything at the drop of a hat as we do now, Canadian Internet traffic will go down. It isn’t just small businesses that will feel this crunch. We are still in a recession after all.

Usage Based Billing will mean that all Canadian Internet traffic to all Canadian businesses will go down.

The first time we met Cody.

#1 Cody on the Deck...Original Size 18.5KB

Bell Canada’s Bandwidth Estimator?

Clearly Canadians don’t know how much bandwidth we are using. Most us us don’t understand what Bandwidth is.

That this estimator is even necessary is a good indication why Usage Based Billing is an incredibly bad idea.

If we don’t understand what our usage is, how can we be expected to budget for it?

Or pay for it?

As far as we know. they will be making it up as they go along. Certainly without understanding how our bandwidth consumption is even being measured we will be unable to effectively budget our usage.

Because I’ve been taking digital photographs for quite a while, let’s take a look at measuring digital photographs.

On the Bell Canada’s Estimator virtual gauge I’ll select 40 photographs as my monthly usage. The Bell estimator tells me that this would be an Estimated Total Monthly Usage of 0.30 GB

I have spent most of my life as a mathphobe. That said, even I can see a serious problem with the Bell Estimator page which is supposed to tell Canadians how much bandwidth what we do online will consume. It’s quite simple really.

All photos are not created equal.

Cody in a Field original size 141KB

#2 Cody in a Field original size 141KB

This is the part that doesn’t make sense. To demonstrate, let’s look at this sequence of photos of my dog Cody.

#1. Cody on the Deck: This image was 18.5 kilobytes. To use 40 photos this size would be = 740 kilobytes

#2. Cody in the Field: This image was 141 kilobytes. 40 photos this size would be = 5,640 kilobytes

#3. Cody on the Beach: This image was 1918 kilobytes. 40 photos this size would be = 76,720 kilobytes

#4. Cody at Soccer: This image of him was 4241 kilobytes. To use 40 photos this size would be = 169,640 kilobytes

Because my photo sizes are in kilobytes, first I’ll convert 0.30 GB which would be 300,000 kilobytes.

Forty copies of my smallest images adds up to a mere seven hundred and forty kilobytes.

Two hundred times that amount would give you a mere one hundred and forty eight thousand kilobytes, again half of the three hundred thousand kilobytes that Bell estimates would be the bandwidth needed for 40 photos.

The largest of my images is Cody at Soccer.

4241 kilobytes is quite a large photograph, yet forty images this size falls short of 300,000 kilobytes, only makes one hundred and sixty nine thousand six hundred and forty kilobytes. Yet Bell says I will be using three hundred thousand kilobytes, or almost twice as many kilobytes as forty copies of my large images would add up to.

Cody at the Beach original size 1918KB

#3 Cody at the Beach original size 1918KB

What is Bandwidth?

Bandwidth is the measurement of download speed, measured in how many bits per second you can download.
Bandwidth has also come to refer to the transfer cap being placed on Canadian internet users, which is measured in gigabytes.

Put another way, bandwidth is a data transfer measurement of
(a) how fast you can go at any given time – your rate of speed, or
(b) how how far you can go in any given month – your allowed capacity.”

Usage Based Billing: A Glossary

Since we are talking here about allowed capacity, I can’t begin to imagine what the measurement of usage is based on if not on the physical size of the photograph.

Then if we look at the difference in the size if the large and small images. Forty copies of the largest photo are much bigger than the smaller images. More than two hundred times greater in size. Yet Bell’s Estimator makes no such distinction. Bell says Forty pictures = .30GB = 300,000 kilobytes

Cody at Soccer Original size 4241KB

#4. Cody at Soccer Original size 4241KB

But in my world Forty pictures = (size 4) 4241 kilobytes = (size 3) 169,640 kilobytes = (size 2) 76,720 kilobytes = size (2) 740 kilobytes.

That’s quite a size range.

The kilobytes sizes I’m talking about are the physical size of my digital images. But even forty of the largest images only adds up to half the number the estimator says are necessary for 40 photos. How can that be? What is the bandwidth Bell is talking about?

I’ve also read somewhere that there was a considerable difference of opinion between Bell Canada and the Independent Internet Service Providers in respect of bandwidth measurement. As much as 800% discrepancy. So how will these usage figures to be determined? Will Bell Canada pulling figures out of a hat?

If Bell’s photo guideline is so vague as to be useless, even nonsensical, how can Canadians possibly be expected to keep track of our usage?

At least back in the days when AOL charged by the minute, Canadians could budget our internet use accordingly. We understood minutes.

Red Maple Leaf graphic

Cut to the Chase

Start-ups and trial sites ventured on personal web accounts will be less likely to use the internet as much or as freely — if at all — when Usage Based Billing is added to the cost. Doubling (or more) the cost to slow down Internet use will work. Canadians will be less inclined to use the Internet.

This will be bad for all Canadian business.

Bell Canada Logo

Oh wait: there is ONE Canadian Business that this won’t be bad for: Bell Canada.

Unlike businesses that have to function in a free market, Bell doesn’t have to trouble itself with reinvestment to improve the aging infrastructure.

Bell now has CRTC permission to charge whatever it likes, not only for their own customers, but for their competitors. I have no doubt that Bell Canada is happy that they will be able to double their rates without even having to improve the service. Sounds like a dream business plan to me.

Any corporation trying such a thing in a free market would shortly find themselves out of business. That really doesn’t sound very healthy for Canada’s economic future.



If you haven’t already, sign the petition. There are only 10848 signatures.

If you have already signed, who else should you be asking to sign?

That’s easy: anyone who uses the Internet.

Because Usage Based Billing will harm both Canadians and our Economy.

http://dissolvethecrtc.ca/

STOP Usage Based Billing

STOP Usage Based Billing



Posted in Changing the World | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments »

Copyright Modernization Act: Bill C-32

Posted by Laurel L. Russwurm on June 2, 2010

No Usage Based BillingBill C-32 has been “tabled”, or introduced into the legislature. Now it will go through the process of becoming law.

Canadian DMCA graphic by laurelrusswurm

Or Not. Hopefully not.

As expected, Bill C-32 appears to grant Canadians the ability to make personal use copies of their own property. And surprisingly fair dealing has been expanded.

The irony of course is that the law is not about modernizing copyright at all, it is about turning back the hands of time to protect the outdated but oh so profitable business models beloved of the large American Media corporations. I have to ask myself why our government would pander to them when this course of action is clearly in opposition to what Canadians want.

Canadian Copyright

The problem is that the law does the worst possible thing: it allows digital locks explicit supremacy. Which means DRM over rides everything else. Because if passed, this law will make it illegal to circumvent DRM. Even though the law gives you the right to make a personal use back up of a movie or a game that you have legally purchased, you won’t legally be able to do so if there is DRM. If your digital media is something that is in the public domain (meaning IP that pre-dates Mickey Mouse, or alternatively IP that has been licensed directly into the public domain) you still will not be able to legally make copies if either the device or the media have DRM on it.

Here are some links to articles that are covering this issue. If an politicians are reading, I’d encourage them to read the comments on the articles more than the articles themselves to get an idea of how Canadians feel about this.

This negates the “gift” of being allowed to copy or format shift our own legally purchased property.
NOcdnDMCA
Personally I think Professor Geist is rather too optimistic, but as always he makes available a good translation of the legalese that will be used to choke Canada. The Canadian Copyright Bill: Flawed But Fixable

Michael Geist: An Unofficial User Guide to This Afternoon’s Copyright Bill

cbc online: Conservatives seek support on copyright

boingboing: Canada’s DMCA was designed to “satisfy US demand”

Search Engine with Jesse Brown: Audio Podcast #43: So Bored of Copyright

Michael Geist: “We Don’t Care What You Do, As Long as the U.S. Is Satisfied”

Michael Geist: DMCA-Style Reforms: “Not a Reasonable Policy To Foster Innovation or Respect for Copyright”

Canadians need to complain. Not to the Conservatives; their agenda is clear.
(And in fact Mr. Moore’s admonition to wait for the copyright bill before mobilizing against it has in fact proved to be disingenuous.)

Canadians need to start talking to the other political parties. A list of likelt letter recipients and addresses can be found at the bottom of Canada don’t need no stinkin’ DMCA (or DCMA)


[P.S.: One of the byproducts of laws like this one that have been playing out in the UK (Digital Economy Act) and the USA (DMCA) has been the rampant often specious lawsuits which often have no merit, but can be very profitable when used to extort people into settling them from fear. We can assume that this is one of the things Canadian will have to look forward to as well.

Which is why I wanted to include this link The RIAA? Amateurs. Here’s how you sue 14,000+ P2P users just in from my friend Haris
Thanks Haris!]

Fun. Wow.



If you haven’t already, sign the petition. There are only 10836 signatures.

If you have already signed, who else should you be asking to sign?

That’s easy: anyone who uses the Internet.

Because Usage Based Billing will harm both Canadians and our Economy.

http://dissolvethecrtc.ca/

STOP Usage Based Billing

STOP Usage Based Billing



Posted in Changing the World | Tagged: , , , , , , , , , , , , | 5 Comments »

2010 is the new 1984

Posted by Laurel L. Russwurm on May 27, 2010

No Usage Based Billing2010 is the year the UK passed the Digital Economy Act. (formerly #DEBill now #deACT on Twitter) It’s also the year that Canada may get a Canadian DMCA and I suspect it is also supposed to be the year that the fast tracked A.C.T.A. is supposed to be put in place.

I know I should be talking about Usage Based Billing right now, since its been approved and all, but there is just so much happening all at once. I am working up several (long) articles right now. My novel is all but ignored. But I felt I had to respond to another comment on Cory Doctorow’s boingboing article today Canada’s sellout Heritage Minister ready to hand copyright to Hollywood to explain why it is so important to fight against all of this now. It seemed like a good idea to expand that a bit and post it here too.

Canadian DMCA graphic by laurelrusswurm

Standing back and letting those powerful corporations dictate what Canadian law should be isn’t just about our sovereignty, and it isn’t just about turning our young into criminals. It’s about freedom. Not as in beer, but as in liberty.

We may be living in a world where corporations have more of a say in our supposed democracies than citizens have. But that isn’t good enough.

And it doesn’t mean we shouldn’t fight a Canadian DMCA or A.C.T.A.

We can’t afford not to fight them. Not just because its wrong, but because it won’t stop there.

Scale of justice gold by Erasoft 24, a public domain image from Wikipedia

Just because the DMCA it isn’t prosecuted all the time doesn’t mean it can’t be. Once a law is on the books, the authorities can use it all the time.

Or some of the time. Or none.

They might only haul it out when they need it to silence dissidents.

Even if they don’t bother to make use of a law, once it’s made, it has full force whenever they want or need it. Once enacted it can always be used.

No Smoking Sign

If you have a restaurant smoking ban in a city, it doesn’t work well, because smokers (and their friends and families) will just go to restaurants outside city limits. It can be economically damaging for the city restaurants. Smokers lighting up in city restaurants won’t get stopped by management because management can’t afford to lose more business. So it’s usually only when a bylaw officer is at the next table that it gets rigorously enforced.

On the other hand, if you put the ban on the whole province, it will work much better. Smokers won’t have a choice, and restaurants aren’t going to have to worry about losing business. and for the most part, you’ll find smokers standing outside smoking even during blizzards. Because unless you live on a border, there won’t be a feasible alternative. Because unless you live on a border, there won’t be a feasible alternative.

In much the same way, if you pass the DMCA, it won’t work well because of all those other jurisdictions that don’t have laws like it.

So you lobby other governments to get them to do what you’ve done. You begin negotiations for a secret treaty called A.C.T.A., where you try and convince friendly governments that they should do what you want.

And in the meantime, you convince the UK to pass a Digital Economy Bill, and Canada to draft a Canadian DMCA.

The world wearing mickey mouse ears

Because the more countries who already have passed laws that pave the way for A.C.T.A., the more chance there is that A.C.T.A. passes. I mean, what’s the big deal? A.C.T.A. is only a few countries. Look at India… they just passed some great laws.

But the point is that if A.C.T.A. passes, the solidarity of the A.C.T.A. signatories can be used to intimidate the non-A.C.T.A. signatories to do what you want too. A.C.T.A. is doing it this way on purpose. It will be much easier to get their friends to sign on than try and get the whole world to agree.

Once the whole world has DMCA laws, there will be no safety for people who are doing what my generation was allowed to do legally. Funny, isn’t it, that cassette recorders and later video cassette recorders were made by companies like Sony… a corporation that wants to stop us and especially our children from making recordings today.

boombox graphic by Linda Kim, Public Domain clip art

Why on earth would anyone have purchased cassette recorders if it wasn’t to copy our favorite songs from records to make dance tapes for parties?

Because most people are law abiding, they will follow the new laws, even if they don’t agree with them.

Eventually the new laws will be accepted. Even though countries like India may have passed the non-DMCA copyright law any sovereign nation should be able to make, which conforms to the WIPO treaties India has signed India was placed on the USTR watch list, as was Canada. This is another way the United states seeks to bully sovereign nations into bending to their will. If Canada makes a DMCA copyright law and signs A.C.T.A. we will be able to help our American cousins bully India into following A.C.T.A. although clearly India has not chosen to. But surely India can be economically coerced into changing their laws to match ACTA. After all, how many call centers (like Bell Canada’s, for instance) are located in India? People have to eat.

Once the new DMCA/A.C.T.A, laws are everywhere it will be much more difficult to undo them.

Worse, the corporations behind them will be even more powerful.

If they haven’t already snuck in laws in allowing government spyware– not just on the Internet but on our computers too– as was attempted in Canada last year, it will be much easier now. Now that the law is universal, it is a vindication of the idea that piracy–even personal use piracy– is bad. And once piracy is no longer legally defensible anywhere in the world, law enforcement will need teeth to do the job of wiping out the insidious crime of piracy.

A nice little law outlawing private encryption would really be handy.

Original art from the public domain Oscar Wilde's “The Nightingale and the Rose” digitized by Project Gutenberg

Certainly large corporate entities with important sensitive data will still require encryption. They could be allowed to proceed with government oversight, perhaps licensing. The bank would have to allow government inspections of the data they encrypt, just to make sure that there is no piracy being hidden behind the encryption. There would need to be a whole new arm of law enforcement to manage it. And think of the income the government could generate by licensing encryption.

This is all to wipe out piracy, right? To get that underway, we’ll have to make some examples. Going after commercial pirates isn’t enough. It’s those bloody kids pirating movies in their parents basements that are the problem. Some of them are copying movies from DVDs they’ve purchased and upload them to p2p networks so other kids can watch them for free. What a dastardly crime. A few of those badly behaved kids need to be arrested to make the point. Put a good scare in them. Make an example of them. Throw some really big show trials and put a few of these depraved pirate children in jail. That’ll teach ’em not to share!

But of course even jailing non-commercial pirates won’t actually do the trick. In fact, it will probably encourage an entire pirate underground.

The next step in the war to wipe out those pesky pirates would be making p2p networks illegal. A final solution to digital piracy. After all, if there was no p2p there would be no piracy, right? So now, finally, p2p would become illegal. No loss, eh?

Project Gutenberg: Gone.
Maybe they could start selling those public domain ebooks, since distribution will be a problem without p2p.
But hey, if they go under that’s OK, people can still buy ebooks from Google and Amazon.
Loss to literature and literacy: immense

Free-Libre Open Source Software (FLOSS): Gone
Without p2p distros, many FLOSS apps will of necessity become LOSS since “free as in beer” may no longer be affordable.
But that’s OK. The real pros like Microsoft and Apple are the ones that should be making software.
Loss to technology: astounding

Independent Music Recordings: Gone.
With the loss of nearly free digital distribution, musicians will have to give up their dreams if they aren’t one of the few acts signed by CRIA members. As it was in the days before the Internet, it will again be far too expensive for Independents to release their own music.
That’s OK. RIAA/CRIA are the experts after all. Why shouldn’t they have total control of the music we listen to.
Loss to culture: incalculable

Because you see, when enough countries have DMCAs and Digital Economy Bills, they will start clamping down.

Because they can.

Canadians don’t want a Canadian DMCA. Tell the Minister of Heritage James Moore on Twitter, although writing paper letters to all the politicians would a good thing too.

Just say:

No Canadian DMCA



If you haven’t already, sign the petition. There are only 10808 signatures.

If you have already signed, who else should you be asking to sign?

That’s easy: anyone who uses the Internet.

Because Usage Based Billing will harm both Canadians and our Economy.

http://dissolvethecrtc.ca/

STOP Usage Based Billing

STOP Usage Based Billing



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Much Ado About A.C.T.A.

Posted by Laurel L. Russwurm on February 22, 2010

on the wind logoThis past Thursday I scrambled to put together a personal submission to the Office of the United States Trade Representative.   Although the USTR made it clear that all submissions would be welcome, the Canadian Government chose to stand mute.   I’m only a private individual, but I thought it was an important thing to speak out about particularly since Canada, like many other sovereign states around the world, is under a great deal of pressure to participate in the secret A.C.T.A. (Anti-Counterfeiting Trade Agreement) negotiations.

Should the USTR again unfairly place Canada on their “watch list” politically this could be used to leverage Canada into follow the American A.C.T.A. game plan.

There is a growing awareness of the potential danger from this negotiation among ordinary citizens.

The first warning sign about A.C.T.A. is the level of secrecy demanded by those negotiating it.   Although these negotiations have already been underway for a couple of years, anyone privy to the negotiation is required to sign a rigorous non-disclosure agreement that prevents all of the participants from divulging any of the details.   This means that there are many elected government representatives in the countries involved who are not privy to the details.   Logically, it is also a compelling indication that the terms are not going to meet with the approval of the citizenry.   After all, if any of this was in our best interests why would it need to be so secret?

If it was simply an anti-counterfeiting treaty, there probably wouldn’t be any controversy at all.   The problem is, although it sounds like counterfeiting is the A.C.T.A. raison d’être, it appears that the driving force is to force the rest of the world to follow the American lead and rewriting our copyright law according to the specifications of the American Corporate Copyright Lobby.   The ultimate goal seems to be to force all the countries involved in the negotiation to fall in line.

Detail of draped Mexican flag

Logo for the Mexican OpenActa group

The Internet has some wonderful things going for it.

Not least of which is the ability to connect with people all over the world and communicate regardless of language.

Although I’m unfortunately a mono-lingual English speaker, I was able to read this inspirational online petition offered by the Mexican internet freedom fighting group OPENACTA.

“Sharing knowledge and information without profit is never smuggling, countefeiting or piracy. ” — OpenActa petition

With the assistance of Google Translation and a dash of common sense, I offer my amateur translation here:

Petición de Transparencia re: #ACTA para el Senado de la República

From 25 to 29 January 2010, the Mexican Institute of Industrial Property was the host of the 7th Round of Negotiations of ACTA (Anti Counterfeiting Trade Agreement by its initials in English) at the Fiesta Americans in the city of Guadalajara.

Despite repeated demands by the international community and specifically of Mexican citizens to make public the negotiations and reveal the text of the treaty, so far, the agencies involved in these negotiations have ignored our demands for transparency, information, and openness of debate regarding the ACTA, intellectual property and the right to information of all Mexicans.

Through this petition we demand that the Mexican Senate ask the administrative entities responsible for negotiating the ACTA in our country to publish a detailed report of that meeting as soon as possible.

We also require a public hearing by the administrative representatives of ACTA negotiations with the competent authorities of the Senate, to meet the urgent demand of the public to remove the unfortunate opacity over two years of negotiations of this treaty being negotiated secretly on behalf of all Mexicans.

Finally, on receipt of this request we kindly request that the Senate make its position on the matter and communicate the steps to start a public debate about absolutely the entire contents of the ACTA text proposed, and which is an essential component of citizenship.

Sharing knowledge and information without profit is never smuggling, countefeiting or piracy.

Thanks for your attention.
OPEN RECORD

Sincerely,
Citizens of Mexico

OPEN ACTA online petition

Bravo to the Citizens of Mexico and OpenActa.

Possibly because the details of A.C.T.A. are so heinous, but even the rigorous non-disclosure agreement has been unable to prevent leaks.

BoingBoing logoCory Doctorow reported the latest on boingboing as well as offering this handy concise breakdown of the A.C.T.A. problem in Internet Evolution: Copyright Undercover: ACTA & the Web
Coffee Geek Crest
Michael Geist breaks the latest leaked document into understandable bits in Michael GeistACTA Internet Chapter Leaks: Renegotiates WIPO, Sets 3 Strikes as Model

Finally, word from yet another part of the world New Zealand’s Coffee Geek: Recent ACTA content leaks   It seems that the folks in New Zealand are also unhappy at the very thought of A.C.T.A.

Previously, laws in democratic nations were drafted according to the societal norms and ethics of the countries, not handed down from above like tablets from heaven… not in democratic nations anyway.

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IGF2009: The Internet Governance Forum Blues

Posted by Laurel L. Russwurm on November 16, 2009

Access Controlled poster

Access Controlled poster

This morning Michael Geist tweeted about BBC’s article “UN slated for stifling net debate”, detailing the incident causing the hue and cry which has sprung up about the censorship of the poster at the Internet Governance Forum in Egypt.

The poster was promotional material for the OpenNet Inititiative‘s academic book “Access Comtrolled” on display at the reception held by two of the book’s authors, Ron Deibert and Rafal Rohozinksi at the Internet Governance Forum in Egypt. Apparently “complaints” were made about “The first generation of Internet controls consisted largely of building firewalls at key Internet gateways; China’s famous ‘Great Firewall of China’ is one of the first national Internet filtering systems.”

The book is a global project from the OpenNet Initiative (ONI), a collaboration of the Citizen Lab at the University of Toronto’s Munk Centre for International Studies, Harvard’s Berkman Center for Internet and Society, and the SecDev Group.

Global Voices Advocacy: IGF2009: #UNfail? by Renata Avila

“1. We were told that the banner had to be removed because of the reference to China. This was repeated on several occasions, in front of about two dozen witnesses and officials, including the UN Special Rapporteur For Human Rights, who asked that I send in a formal letter of complaint.

2. Earlier, the same officials asked us to stop circulating a small invite to the event because it contained a mention of Tibet. They even underlined it in showing it to me. Because the event was just about to start, we said that we would not be distributing any more of these invitations so it was a moot point.

3. We asked repeatedly to see any rules or regulations governing this act. They did not give us any, only referring to the “objections of a member state.”

4. There were in fact many posters and banners in many of the rooms that I attended, including others in our own. The video itself shows us, at one point, taking one of the other posters we have and offering to cover up the original one. They objected to that and told us this banner must be removed.

On another matter of clarification:

The UN officials did not throw the banner on the ground. They asked us to remove it and one of our staff placed it on the ground for us to consider what to do. That’s where we had the discussion. When we refused to remove it, their security guards bundled it up and took it away.

Hope this helps to clarify.
Ron”

–Ron Deibert’s account of the incident, posted in boingboing comments

My favorite was this comment from Cory Doctorow’s boingboing page:

Antinous / Moderator | #9 | 15:10 on Sun, Nov.15

Why pick Egypt as the venue for a convention on internet governance? Was Mordor booked?

In a statement Reporters Without Borders said: “”It is astonishing that a government that is openly hostile to internet users is assigned the organization of an international meeting on the internet’s future.”

http://news.bbc.co.uk/2/hi/technology/8354824.stm

No Usage Based Billing

No Usage Based Billing

[Mordor’s reach was spreading toward the Shire, which was in fact why Frodo and Sam had to head off to fight it. Freedom is always worth fighting for.]

Although it would be breathtakingly easy to point to Egypt as a country where suppression of free speech is endemic, I have to wonder is Canada really any better? The eagerness Canada’s British Columbia government is showing in suppression of free speech in and around the upcoming Vancouver Olympics makes me think it really wouldn’t matter where the Internet Governance Forum was held.

The technological changes to the world brought about by the internet threatens those who forsee an erosion of their power to dominate others. The real problem for them is that the internet makes both supression of free speech and repression of civil liberties more difficult. It’s easier to do bad stuff out of the light of public scrutiny as shown by the flurry of video, articles and blogs about this incident.

This is precisely why net neutrality is so important.

It’s also why Usage Based Billing must not be implemented, since one of the worst things UBB will do to Canada is make the internet less affordable for most Canadian citizens, but even worse, unaffordable for many. Talk about disenfranchisement.

Large version of the Access Controlled poster

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