interweb freedom

(formerly Stop Usage Based Billing)

Posts Tagged ‘Chicago Sun-Times’

Arresting your customers isn’t the best PR

Posted by Laurel L. Russwurm on September 29, 2010

copyright symbol

What price?

No Usage Based Billing

One of the great things about the Internet is accessible information. The point is that it is a network of interconnectivity… that’s why it’s called the INTERnet.

Many people still don’t get this. So sometimes old articles disappear. Which can lead to broken links.

I just discovered a whole pile of broken links in my ACTA Articles, A.C.T.A. is BAD, errata: A.C.T.A. is BAD and A.C.T.A. is still BAD

The Chicago Sun Times has removed the articles about Samantha Tumpach, the 22 year old Chicago woman who spent two nights in jail for videorecording her sister’s 29th birthday party.

The family had decided to celebrate at the New Moon screening as part of the promotional Muvico Theatre Birthday Party package.

Ms. Tunpach camcorded the family party, including snippets of ads and trailers and the movie, all of which included her own running voice-over commentary. In total, less than four minutes of potentially copyright infringing footage was recorded in the theater. Although clearly not engaged in making a bootleg video cam copy of the movie, the young woman was arrested and spent two nights in jail before being released. She was charged on November 2nd, 2009, and charges weren’t dropped until December 11th, 2009.

Statements made by movie company executives in the articles I had linked to indicated they believed this arrest was justified under existing US law (DMCA).

The Press Association story about the New Moon Director trying to make it up to her is also gone. (Funny how that served to point up the corporate heartlessness.)

I don’t know whether the articles being expunged is a case of the Chicago Sun-Times not grasping the way the Internet is supposed to work, or if the embarassment factor (the theater chain, the movie company and the laws that allowed the arrest come out of this look very bad) had anything to do with it. Either way, my blog posts are left riddled with broken links as a result. Even the Wayback Machine can’t help (lending credence to the embarassment theory)

Fortunately TorrentFreak understands the idea that what goes up should stay up, so their coverage of this travesty is still out there. TorrentFreak: New Moon Pirate Camming Farce Comes To An End

If the traditional news media are going to take advantage if the Internet they need to get with the program. It’s a brave new world; vast amounts of digital storage is incredibly cheap; there is no good reason to expunge old news stories.

Today’s news is tomorrow’s history.

Leaving them online is far cheaper than the cost of maintaining an old-style newspaper morgue.

Taking controversial stories like this offline can leave a bad impression.



If you haven’t already, sign the petition. There are only 10973 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 not only Canadians, but our Economy.

http://dissolvethecrtc.ca/

You can also call or write your MP, MP postal code look-up

AND

Heritage Minister James Moore – email: Moore.J@parl.gc.ca

Industry Minister Tony Clement – email: Clemet1@parl.gc.ca

Prime Minister Stephen Harper – email: Harper.S@parl.gc.ca

After all, they work for us, don’t they?

STOP Usage Based Billing

STOP Usage Based Billing



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A.C.T.A. is still BAD

Posted by Laurel L. Russwurm on December 11, 2009

No Usage Based BillingIn my previous two A.C.T.A. posts, A.C.T.A. is BAD and errata: A.C.T.A. is BAD, I passed along the sad tale of the 22 year old Chicago woman who made the terrible mistake of attending her sister’s birthday party at a screening of the movie New Moon.

Maybe ten or fifteen years ago I first noticed movie theatres promoting the idea of holding birthday or other parties at the movies.   Many of them offer special deals and party facilities. Just like MUVICO, the theatre where this incident took place.   And many people have unofficial birthday parties at the movies too.   Even though I haven’t, I have taken my camera to movie theatres and taken photographs of family members gathered to watch a movie inside the theatre on more than one special occasion.

Samantha Tumpach’s crime was taking home video of her sister’s 29th birthday party.   Less than four minutes of footage on her camera showed the movie screen. Maybe I empathize so very much because I am the photo nut in my family.   It might have been me dragged off in handcuffs.

TorrentFreak reports that the charges have now been dropped, and she is free again.   This young woman should not have had to spend two nights in jail for going to a movie theatre birthday party.

Pint sized Zorro poses in the Galaxy Theatre

My Zorro "En Garde"

I’ve made plenty of amazing Hallowe’en costumes for my son over the years, many based on movie characters.   The year my son decided he wanted to be Zorro for Hallowe’en was the year that The Legend of Zorro was released theatrically.   So naturally my small Zorro wanted to see the new movie in his awesome (Don Alejandro) Zorro costume.

Small boy dressed as Zorro sits in the movie theatre seat.

My Zorro waits for the movie to start.

So of course I took the camera to the theatre and took lots of photos of my Zorro.

And of course I was using my very first digital camera which had video capabilities.

Had I not been enjoying the movie, I could easily have taken photos or video of my little Zorro watching the big Zorro onscreen.

I wasn’t detained by theatre staff or arrested.   Seems I was lucky.

It doesn’t matter if the staff actually believes the MPAA copyright propaganda, or whether they acted out of fear of MPAA, the result is the same.

The movie industry put a patron in jail.

Kudos to New Moon director Chris Weitz, who contacted the Samantha Tumpach and offered his support.

The three minutes of footage she shot inside the theater, Tumpach said, also included film previews and ads, along with short segments of the film — and her talking about the camera and the movie.

“It was never my intention to record the movie,” Tumpach said. “You can hear me talking the whole time.”

Chicago Sun-Times:’New Moon’ director defends woman accused of piracy

Most people working in the movie business probably don’t support the draconian copyright laws the MPAA is lobbying for.   But they need to make a living, and so I can understand why feel they can’t speak out against MPAA lobbying or A.C.T.A.   Most are probably just as much in the dark about A.C.T.A. as the rest of the world, since most elected representatives in the countries negotiating A.C.T.A. appear to be uninformed.   This would be why A.C.T.A. has already sprung so many leaks.   Since President Obama has labelled A.C.T.A. a national security issue, it is probably far too dangerous for Americans to risk leaking further documents.   Yet being an international treaty there are many parties to the negotiations so I expect leaks will continue to be provided by people of conscience.

Stories like this reflect very badly on the movie industry.

More and more consumers are coming to realize that the media industry has effectively declared war on us.   Which is precisely why the major media companies are lobbying so hard to have governments around the world enact A.C.T.A.   The want the government to be the “bad guy”.

It is the real reason why A.C.T.A. is secret: so that no one will be accountable for drafting or implementing the draconian copyright laws that will necessarily result from ratification.

Yet if A.C.T.A. was in place NOW, there is a very strong probability that Samantha Tumpach would not have been released after a mere two nights in jail.

Tumpach dared to infringe copyright, even though it clearly was not for the purpose of “bootlegging”. Under the laws that A.C.T.A. is seeking, innocuous personal use “infringements” like this one will be treated the same as “for profit infringements”.   Even in the face of contrary evidence, MPAA and other A.C.T.A. lobbyists claim that file sharing damages their business.

Whether this is because the MPAA is actually so ignorant of what is happening that they don’t understand the phenomenon, or if this position is assumed to convince their shareholders that they are doing something to combat bootlegging doesn’t really matter.   Not only will laws like this fail to prevent criminals from continuing to profit from bootlegging, but the result will be uniformly bad for consumers and citizens.

Although A.C.T.A. means “Anti-Counterfeiting Trade Agreement” it seems clear that the name is a product of doublespeak since it actually seeks to criminalize personal use “copyright infringements”..   They have tried to change the way people think by including anti-piracy commercials in theatres and on DVDs.   Since that has not worked, they’re playing hardball.

Why Secrecy is So Essential

The copyright lobby believes hiding behind A.C.T.A. secrecy will keep us from knowing that they are responsible for having our young people locked up for sharing.

  • They think that we will instead blame the lawmakers.   After all, they will have made the laws.
  • And the law enforcement officials.   They will be the ones investigating, arresting, prosecuting and jailing these copyright infringers.

The politicians also believe hiding behind A.C.T.A. secrecy will absolve them from blame. They think they will be able to escape blame by saying:

“But you can’t blame us for this… all the other governments did it so we had to do it too”.

Every parent knows the classic parry to the “Everybody’s doing it” argument: “If everybody else was jumping off a cliff would you do it too?”

jumping off a cliff at Tobermory

If everyone jumped off a cliff...


Since we don’t buy that excuse from our children, why would they think we’d accept such a feeble excuse from our government?

Do they think we’re stupid?

Because we will know who to blame.

Maybe I am just not subtle enough for this. Maybe I think too much in terms of black and white. After all, in the “mom” game, you quickly learn to skip over the shades of gray. You teach your two year old, “people are not for hitting”, because a two year old doesn’t have the life experience to be able to judge when hitting can be justified (as self defense, say).

Cut to the chase: right and wrong.

But then again, what do I know?

I thought part of being a mother was teaching kids the value of sharing.

Something else parent need to consider is possible consequences. So I began wondering what the consequences of A.C.T.A. might be.

A.C.T.A. Introduces a New Criminal Class

The special interest group behind A.C.T.A. believes that they will be held blameless for the fallout.

They think that once people know file sharing would will send them to jail, they’ll stop.   And that will frighten other people so they won’t do it anymore either.   Right.

It seems to me that now the people who are prepared to go to jail for copyright infringement are the criminal bootleggers. Like the alcohol bootleggers before them there are enormous profits to be made.   They feel it is worth the risk to make such enormous profits.

The people who are file sharing don’t believe they are doing anything wrong.   They believe that they can share music and movies they’ve bought with their friends.   I doubt any of them expect to go to jail.   (After all… everybody is doing it…)

But once A.C.T.A. passes and the laws of all our lands change, I think that many of the young people who feel so strongly about this will start expecting to go to jail.   I rather think that A.C.T.A. will increase filesharing.   I wouldn’t be the least bit surprised to see the evolution of an A.C.T.A. underground resistance movement.   A war could well be fought between the forces of idealism and the forces of greed.   Sooner or later the young people who believe that file sharing is a good thing will be in charge.

Insult and Injury

Of course the ways to bring these nasty file sharing criminals to justice would certainly involve “3 Strikes” laws, where allegations of copyright infringement can result in websites being taken off the internet.   Even without A.C.T.A. currently the U.K. is looking at doing this with only 2 strikes, and huge fines.   This is being challenged by the British ISP talktalk who have launched a petition in an effort to prevent this bad law from being passed.

Every example I have heard of this type of law includes making the Internet Service Providers spy on our internet activity.   None of these laws seem to require mundane things like search warrants or evidence.   The accused is guilty until proven innocent.

Who will pay for this?

The jails are full.   In a world where murderers rarely serve as many as ten years, my question is, where are they going to put this new criminal class? It will cost as much to incarcerate a personal use copyright infringer as it will to incarcerate a rapist.   It costs a lot of money to keep people in jails.   Because the criminal justice system is so expensive, plea bargains are already putting dangerous offenders back on the streets too quickly.   What about the overextended law enforcement agencies?   Where will the money come from to pay for the police man hours and court overheads?

Who will pay to draft and enforce these laws?   Governments will have to foot the bill.
For the MPAA and the Canadian Recording Industry Association this is an excellent reason to put personal use copying under criminal law rather civil because that puts the onus for investigating and prosecuting (and just as importantly, paying for investigating and prosecuting personal use copyright infringements on to the government.

And since government money really comes from the citizens, the reality is that we will be paying for this.

In order for ISPs to spy on our internet connections and computers, they will need large outlays of cash pay for the specialized equipment and personnel to run it and correlate the huge quantities of data required.   Who will pay for this? The ISPs.   Of course they will have to pass along the cost so…the reality is that we will be paying for this.

Who will pay for this erosion of civil liberties and human rights?
The reality is that we will all be paying for this… especially our children.

Bootlegging

Bootlegging is wrong.   Videotaping a movie in a theatre or duplicating a DVD you purchased in order to press your own counterfeit copies to sell is theft.   As a law abiding citizen, I do not purchase bootleg merchandise from flea market stalls or retail stores.   If the vendor was aware that the merchandise was bootleg, I might even be inclined to complain.

But it seems that Hollywood isn’t even bothering about professional bootleggers.   So why should we?

Hooray for Hollywood

In the 1950’s Hollywood lived in fear of government witch hunts.

In the 21st century will we all have to live in fear of Hollywood?

STOP Usage Based Billing

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A.C.T.A. is BAD

Posted by Laurel L. Russwurm on December 7, 2009

Hollywood taught me about Democracy

Jesse Brown reported a very scary story How do you say “clueless” in Italian? on his Search Engine site.

No Usage Based Billing

No Usage Based Billing

Four Google execs may face jail terms because they didn’t pull an offensive video from their site BEFORE anyone complained about it.

Surprisingly, it didn’t seem to be a very big story, yet it is a perfect illustration of the incredible danger facing the internet. There is no way that large busy websites or the ISPs that host them can possibly monitor all of the material that is uploaded to the internet without seriously curtailing what is being uploaded to the internet.

For instance, when logging into Flickr I am told:

“There were 2,710 uploads in the last minute ”

Thousands of people upload images to Flickr every minute. It would take thousands of people to screen those images. If Flickr was forced to hire thousands of people to police the images members upload to the site, suddenly what Clay Shirky calls “ the transaction cost” would stop being nearly nil because the cost to maintain Flickr would skyrocket. It is doubtful that Flickr or YouTube or any other wildly successful website could cope with this without going bust.

Wikipedia, for example, has many people all over the world contributing articles and changing other people’s articles all the time. You would think that this would result in all kinds of internet vandalism happening.   But it doesn’t.   Sometimes people make mistakes, and the way Wikipedia works is that other people can fix those mistakes, And they do. And Wikipedia users also correct deliberate misinformation or vandalism.   So even if someone attempts to do a bad thing and vandalize wikipedia articles or disseminate misinformation on Wikipedia, Wikipedia is policed by its own editor/users.

As soon as anyone complains to Google, or YouTube, or Flickr about offensive content, the content is taken down. Now, I have to tell you, even though I am not by any means a young pup, in terms of understanding the internet, “I am only an Egg.” The internet we know today didn’t exist twenty years ago.

Like most people, I’ve been busy, so I wasn’t paying very much attention. Every now and then some new toy or gizmo having to do with computers would pop up — like iphones or ebooks or blackberrys. Or some new uber-cool thing like blogging or facebook or twitter or VOIP would suddenly be everywhere. And we can’t forget endless tales and dreams of dot com millionaires. The way the wold works has been changing very very fast. Six months ago I had no idea what Usage Based Billing was. About two months ago I started writing a simple little article explaining the mechanics of how the internet works. It turned out to be incredibly difficult to learn, let alone explain and mushroomed into “the alphabet series”. Simple? No, and the more I learn the more important I realize Net Neutrality is.

So I do understand why most people don’t even realize that this stuff is going on, or even that it matters. But the thing is that the internet has been slowly growing up and becoming more important in the world, and at the same time a much larger force for change. Which is why it is so important that there be Net Neutrality. Because the internet has come so far so fast it is especially important that it not be turned against it’s users.

Alongside Net Neutrality people in this brave new world are also talking about file sharing, “3 Strikes laws” and ACTA. Terms like piracy and theft are being hurled around and “copyright infringement” has been elevated to a near executable offense.

Why now?

It is no secret that governments around the world have been lobbied long and hard by the “copyright lobby” large media corporations, music and movie companies who are attempting to legislate prograss back into the twentieth century and change the way we think. They have been turning their media might into a propoaganda tool of epic proportions. Because of the incredible power that they can bring to bear, copyright laws around the world are being changed to appease these lobbyists.

Hollywood taught me spying on citizens is bad.

Hollywood taught me spying on citizens is bad

Copyright law “improvements” enrich the lives of Americans

An inflammatory Chicago Sun Times headline reads Woman arrested for trying to record ‘Twilight’ on digital camera. The article recounts a story about a young woman who is being criminally charged– to the same extent and in the the same way a professional bootlegger would be charged– for recording scenes of her sister’s birthday party at the movies. The video picked up about 4 minutes of movie fragments. This is the equivalent of charging a teenager with one joint as a drug dealer, or the child who swiped a tempting lollipop from the grocery store with grand theft. It is simply not reasonable.

I’ve taken photographs of family and friends on special occasion trips to the movies. I’ve made videotapes of birthday parties. If you make a video of a child’s birthday party and a movie or video game was playing on the TV in the background, you too could be criminally charged. Under ACTA what will happen when you email a copy of this copyright infringing video to Grannie in England? Will she be fined or jailed or will you?

These laws are already absurd. And then… here comes ACTA.

All of the citizens of the world are being deliberately excuded from all ACTA negotiations. President Obama, so recently praised for his commitment to Net Neutrality, believes this to be a matter of National Security.

There is a huge difference between “personal use copying” and “commercial bootlegging” which the copyright lobby is lumping together as “piracy”. This is all a wrongheaded attempt to legislate away progress. Instead of trying to adapt with the technology, the copyright lobby has chosen to pour millions (billions?) into lobbying for this legislation that will not in fact do anything to stop commercial bootlegging. To give the appearance of doing something they instead choose to criminalize the mostly young citizens who are not harming this special interest group. Personally, I would rather see the best and brightest of Canada’s younger generation find themselves in universities rather than jail.

ACTA is bad. Very Very Bad.

Hollywood Influences

Growing up I learned a lot from “Hollywood”.

Like most Canadians of my generation TV and Movies gave me a better understanding of the American legal system than the Canadian.

Hollywood taught me that:

  • free enterprise is admirable.
  • free speech is important
  • individuals have rights
  • democracy is good, and good government is responsive to the wishes of the citizens
  • communism is bad, because the government spies on its citizens
  • a person should be considered innocent until proven guilty

BUT.

Hollywood taught me "innocent until proven guilty"

Apparently that was all just “content”.  ACTA makes it pretty clear that Hollywood’s true objective is for governments around the world to:

  • suppress free speech,
  • shackle their competitors,
  • dismantle democracy,
  • spy on citizens and
  • throw out the rule of law to punish people on the basis of unsubstantiated accusations.

The saddest part is that it isn’t for some misguided ideological reason that they think will improve the world. This is pure greed.

ACTA links

“Canada and its international trading partners each have distinct copyright policies, laws and approaches for addressing the challenges and opportunities of the internet. Canada’s current framework provides strong intellectual property protections and our copyright laws apply in the digital context, including on the internet. Moreover, Canada’s regime for

the protection and enforcement of intellectual property rights is fully consistent with its international obligations.”

The Honourable Tony Clement, The Hill Times – Canada’s Politics and Government Newsweekly

YET.

Somehow Canada continues to participate in the secret ACTA treaty negotiations.

“Secret ACTA negotiations would criminalize Canadian internet use” says New Democrat Digital Issues Critic Charlie Angus, who demanded that Tony Clement reveal the ACTA negotiation mandate letter. Tony Clement Responds To Concerns That ACTA Will Circumvent Canadian Copyright Law

Ambassador Kirk: People would be “walking away from the table” if the ACTA text is made public . Maybe that is what should be happening.

Russell McOrmond tells us about:

Word manipulation, hypocrisy, and the so-called Anti-Counterfeiting Trade Agreement (ACTA) in it world.

Bytestyle TV’s Shelly Roche tells us a few things about ACTA, including the fact that it is being undertaken as an executive order, and therefore will not require ratification by the U.S. Congress. If it’s any consolation, American citizens are being kept just as much in the dark as Canadians, and, well, every other country in the world. ACTA: Internet Users Guilty Until Proven Innocent and ACTA: Will Corporate-Run US Government Destroy the Internet?

The Electronic Freedom Foundation Senator Bayh Responds on ACTA illustrates just how badly informed Americans (including Senators) are about ACTA.

Fortunately all Senators weren’t created equal. Senators blast Obama’s secret trade talks as Fox head calls for ‘3 strikes’

Michael Geist brings us: EU ACTA Analysis Leaks: Confirms Plans For Global DMCA, Encourage 3 Strikes Model

Where Paolo Brini passed along the news that the ACTA “negotiations now are not compliant with the Lisbon Treaty, which has come into force the 1st of December” EU negotiators show too many incompatibilities between ACTA and EU laws and Telecoms Package: 3-strikes forbidden in Europe He says further that “The agreement between the Council and the Parliament led to a new amendment which clearly forbids 3-strikes, in the sense meant by ACTA, and restrictions to fundamental rights without following very precise parameters (not respected by ACTA).”

Jamie Love’s blast from the past: Seven Secret ACTA documents from 2008 which includes the link to a PDF of the “Canada Non-Paper on institutional issues under the Agreement” is then discussed in Howard Knopf’s EXCESS COPYRIGHT: Canadian Proposal for ACTA Secretariat

Wired Magazine weighs in with the Threat Level column: Privacy, Crime and Security Online Report: U.S. Fears Public Scrutiny Would Scuttle IP Treaty Talks

New Zealand would like to know: Dunne: What are we signing up to, Mr Power? – 4 December 2009

Last week on BoingBoing Cory Doctorow passed along Javier “Barrapunto” Candeira’s information on the Spanish activists issue manifesto on the rights of Internet users which was created to battle the proposed suspension of due process “in the name of ‘safeguarding Intellectual Property Laws against Internet Piracy.”

1 .- Copyright should not be placed above citizens’ fundamental rights to privacy, security, presumption of innocence, effective judicial protection and freedom of expression.

2 .- Suspension of fundamental rights is and must remain an exclusive competence of judges. This blueprint, contrary to the provisions of Article 20.5 of the Spanish Constitution, places in the hands of the executive the power to keep Spanish citizens from accessing certain websites.

3 .- The proposed laws would create legal uncertainty across Spanish IT companies, damaging one of the few areas of development and future of our economy, hindering the creation of startups, introducing barriers to competition and slowing down its international projection.

4 .- The proposed laws threaten creativity and hinder cultural development. The Internet and new technologies have democratized the creation and publication of all types of content, which no longer depends on an old small industry but on multiple and different sources.

5 .- Authors, like all workers, are entitled to live out of their creative ideas, business models and activities linked to their creations. Trying to hold an obsolete industry with legislative changes is neither fair nor realistic. If their business model was based on controlling copies of any creation and this is not possible any more on the Internet, they should look for a new business model.

6 .- We believe that cultural industries need modern, effective, credible and affordable alternatives to survive. They also need to adapt to new social practices.

7 .- The Internet should be free and not have any interference from groups that seek to perpetuate obsolete business models and stop the free flow of human knowledge.

8 .- We ask the Government to guarantee net neutrality in Spain, as it will act as a framework in which a sustainable economy may develop.

9 .- We propose a real reform of intellectual property rights in order to ensure a society of knowledge, promote the public domain and limit abuses from copyright organizations.

10 .- In a democracy, laws and their amendments should only be adopted after a timely public debate and consultation with all involved parties. Legislative changes affecting fundamental rights can only be made in a Constitutional law.

The Spanish government withdrew the draft law that would have legalized punishment without due process.

Spanish Blogroll:

[this is only a smattering of the websites bearing the manifesto… a Google search shows “de aproximadamente 351,000 de manifiesto en defensa de los derechos fundamentales en internet”]

and the list goes on….

Bravo Spain.

Talk about this.

And please, contact your MP, Prime Minister Harper as well as the Honourable Ministers Clement and Moore.

Because ACTA is bad. Very very bad.

STOP Usage Based Billing

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