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Posts Tagged ‘EMI Music Canada’

Wind Mobile: The Canadian Government Listened

Posted by Laurel L. Russwurm on December 15, 2009

WINDmobile

New Kids

No Usage Based BillingYou could have knocked me over with a feather.

The Canadian Government actually listened to Canadians

On Friday Industry Minister Tony Clement overturned the CRTC decision to deny Wind Mobile the use of the spectrum they purchased. Instead, Globalive’s WindMobile now has the opportunity to roll out their new cel phone service.

Canadian Cel Phone Service

Canadian cel phone costs… ooof.   And have you noticed how every Canadian seems to have at least one cel phone horror story.   I haven’t heard anything good about the state of Canadian cel phone service– except from those who are profiting from the cel phone incumbents.

The Canadian government looked at Canadian Cel Phone service and realized that Canadians were paying through the nose. Our government decided to attempt to remedy the situation by auctioning some cel spectrum on which the incumbents would not be allowed to bid. The point was to introduce new players. The hope was to trigger competition.
Canada Flag
Which could only be good for Canadian consumers.

Vetted by Industry Canada, Globalive’s Wind Mobile was allowed to bid in the spectrum auction— because they had been approved.   They paid their money then went on to lay out piles of cash to set up operations and hire staff and create advertising; they were gearing up to go.

Even before Wind Mobile opened for business strange things began happening in the world of Canadian cel phone service.   Some of the incumbents began changing some of their worst policies.   After all, they were about to be faced with actual competition in the cel phone market.   What a concept!

Canadian consumers were happy…

Of course, the incumbent Cel providers were not.   They complained to their friends at the CRTC.   They said that Wind Mobile is not Canadian enough.

CRTC listened to the complaint, and decided that Wind Mobile was not Canadian enough.   Even though as near as I can tell, Wind Mobile is a Canadian company run by Canadians. They have foreign investment capital. Most businesses require investment capital. Just as most people need financing to buy a home. Just becasue a bank starts out holding the mortgage doesn’t make it the banks’s house.

Even though Wind Mobile had paid the Canadian government millions for the cel spectrum they had won in the auction, as well as spending plenty more for the business start up, suddenly Wind Mobile was in limbo.   Talk began to float around about how the incumbents would now be able to buy the Wind Mobile spectrum   —   at bankruptcy prices.

…thoughts of competition had danced in our heads

Canadian consumers were not happy to have the competition we wanted snatched away.   There was grumbling.   And muttering. Many voices were raised in opposition to this CRTC decision.   Many voices.   For instance, I muttered and grumbled in this very blog.   And I was not the only one.   One of the things I read and heard over and over again were complaints about the lack of “Canadianess” of our Canadian Cel phone providers. (Although some of them operate under more than one name, which may be confusing the CRTC into thinking that there is lots of competition, there are really only 3 Canadian cel providers, the “incumbents”… Bell, Rogers and Telus.
Bell Canada Logo
Although these companies are “Canadian”, Bell Canada, for instance, has shut down much of their operations on Canadian soil in order to set up operations overseas so they don’t need to spend as much money.   (Not that they passed any of this savings along to consumers, you understand.)

Wind Mobile’s head honcho Tony Lacavera fought the CRTC decision.   He gave interviews in the mainstream media so Canadians knew what was happening.   He appealed to Industry Canada. They had after all given him the go ahead, and all the costs Globalive had incurred to start up Wind Mobile were done in good faith.   He took it to the Canadian Cabinet.

[We’re in a recession!   Here are Canadian entrepreneurs bringing a huge investment into Canada.   And the CRTC is telling them to go away?   Do they not live in the same world you and I do?]

Most amazingly of all, our government listened.   Industry Minister Tony Clement overturned the CRTC ruling Friday December 11th, 2009.

Globalive Welcomes Gov’t of Canada Decision and Prepares to Bring WIND Mobile to Market in time for Christmas.

BRAVO!

Imagine my surprise to read this diatribe Telco decision violates Telecommunications Act: Union from Canada’s “largest telecom and media union” criticizing the Canadian Government’s decision.   I would have thought that a union of telecom and media workers would support new investment in Canada’s telecom industry.   Instead they are parroting the Incumbent Cel phone companies.

Am I naive in thinking that a union representing telecom workers would welcome a company that could offer jobs to the many telecom workers who lost their jobs due to downsizing or when Bell moved so much of their operations overseas?   If I was a member of this union I would be wondering whose side CEP is on.

Critics of Mr. Clement’s decision are citing foreign ownership as the problem.

Is foreign ownership bad for Canadian culture?

I have a hard time believing foreign ownership of a phone company could have much impact on Canadian culture.   The only change in our culture I can envision is that griping about our cel phone providers may no longer be a national pastime.

If you want to know about culture, let’s just take a quick peek at the “Canadian Music Industry”. The four primary members of the Canadian Recording Industry Association are: Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada. Please note that all four have “Canada” appended to their names to differentiate them from the non-Canadian mother companies, Warner Music Group, Sony Music, EMI Music, and Universal Music. For decades the Canadian music industry has been dominated by “branch plants” of foreign companies.

Foreign domination of our music industry has been the reality accepted by Canadians since the mid twentieth century.

And let’s not forget that once upon a time the Canadian Parliament passed a special law incorporating a largely foreign owned company– Bell Canada — as a Canadian Corporation.   Isn’t it about time our telecommunication industry got some new blood?

Wind Mobile could hardly do worse than the incumbents.


I don’t know about you, but I still believe one of the best things for Canada would be the dissolution of the CRTC, so
If you haven’t yet: Sign the Petition, check it out at:

http://dissolvethecrtc.ca/
10316 signatures

and if you have, tell everyone who will be affected by increased internet costs

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errata: A.C.T.A. is BAD

Posted by Laurel L. Russwurm on December 8, 2009

er⋅ra⋅ta
  /ɪˈrɑtə, ɪˈreɪ-, ɪˈrætə/ Show Spelled Pronunciation [i-rah-tuh, i-rey-, i-rat-uh]
–noun
1. pl. of erratum.
2. a list of errors and their corrections inserted, usually on a separate page or slip of paper, in a book or other publication; corrigenda.
Origin:
1625–35

Usage note:
Errata is originally the plural of the singular Latin noun erratum. Like many such borrowed nouns (agenda; candelabra), it came by the mid-17th century to be used as a singular noun, meaning “a list of errors or corrections to be made (in a book).”

–dictionary.com

analogy revision

It has been impressed upon me that it is better to create an additional blog post than to edit one which has already been published. So here are the (is the?) errata for A.C.T.A. is Bad.

I’ve had a few verbal comments about the two analogies I presented in respect of the Chicago woman arrested for trying to record “Twilight” on digital camera. The point I was initially trying to make was that the wrongheaded copyright laws are causing minor infractions to be unjustly treated as very large and serious crimes.

However it’s been pointed out to me that this woman wasn’t even committing an infraction so much as being a byproduct of daily life, a happenstance. Looked at in that light, she wasn’t in the wrong at all. At worst, she broke a theatre rule, which at most should have gotten her kicked out, not sent to jail.   So it was an error on my part to even suggest that she was legally in the wrong at all, as in the case of a teenager with a joint. Although smoking pot is only considered a minor crime, it is still clearly illegal in Canada. So, I needed to craft a more accurate analogy (as follows):

This is the equivalent of charging a teenager who has walked through a cloud of marijuana smoke as a drug dealer.

a second correction due to imprecision

A lack of clarity is more to blame for the problems with the second analogy than error. But the point is to communicate an idea, and if done too broadly it can result in a spectacular failure. The problem was with this:

“the child who swiped a tempting lollipop from the grocery store.”

In my mind I was picturing an innocent toddler in a stroller passing the lollipops (fiendishly placed at stroller height) and naturally the angelic baby reaches out for the temptation. The intent was to produce an illustration of a guileless infraction, entered into without any awareness of wrongdoing.

However it has been brought to my attention that “child” can just as easily bring to mind a practiced semi-professional young offender, so if that’s how you read it you’ll go away with a rather different idea than I intended, so that analogy doesn’t achieve the desired result.   (It is also an excellent argument for beta-readers.)

From a purely common sense point of view, there is no way that the product of this “infringing” recording would be commercially marketable to even the most die hard Twilight fan, so clearly there can be no demonstrable intent to bootleg the film, making the very charges a gross miscarriage of justice.

accidental recording

When I was writing the original I didn’t get into another area which will certainly lead to trouble for innocent citizens, because these absurdly punitive laws also criminalize accidental recording.

Since video cameras first appeared on the market it has always been extraordinarily easy to record accidental footage. I can’t tell you how many hours of video I have inadvertently recorded over the years of feet, floors, sky, or, my personal favorite, more than an hour of the zippered interior of the camera bag.

This is accidental footage, and it may very well contain inadvertent copyright infringement. When you are not aware that the camera is recording you could easily be playing a music CD.

One of my saddest moments as a videographer was when my son was spontaneously invited on stage to perform with an amazing local musical group at a Canada Day celebration. Although I stood on a picnic table (quite likely annoying the people sitting there) to record my child’s 15 minutes of fame, I was SURE I was recording. However, looking at the tape at home although there is an entire inadvertent documentary on the doings of the ants in the grass, the one thing that was NOT recorded was my child’s stage debut. (Fortunately the local paper took a picture, but still.)

Because it is as easy to not record when you want to as it is to record when you don’t want to.

Digital cameras are doing video so well now, but sometimes it is even easier to accidentally record on them.

What we need to realize is that the companies who are creating this technology we are using to record our daily lives are quite often the very same ones who want to send us to jail for what they call copyright infringement.

At this point, it is looking more and more dangerous for us to go to the movies. It will certainly be much safer to not buy or play commercial DVDs in our homes. After all, we might end up in jail as a result.

It is certainly safer to alter our habits and watch movies and listen to music produced by companies who do not want to put us in jail.

Movies like Nina Paley’s Sita Sings the Blues or legal free music downloads available from the Pirate Party of Canada’s Canadian Pirate Tracker

Because 3 Strikes Laws & secret ACTA treaties are nothing more than a declaration of war on consumers.

chocolate frog*

With all of the bad copyright things going on, today Michael Geist’s blog provided Canadians with a most amazing chocolate frog:

Canadian Recording Industry Faces $6 Billion Copyright Infringement Lawsuit:

“ The defendants in the case are Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada, the four primary members of the Canadian Recording Industry Association.”

Like many of the people who commented on Mr. Geist’s home page, my attitude is that it looks good on them, and I for one expect the court to NOT go easy on them. As a cynic I expect the defense they will drag out is the “we can’t afford to pay what we owe or we’ll have to go out of business” plea. And sadly the judge/jury will probably fall for that.

Yet every one of those corporations are Canadian “branch offices” so there is no reason the mother companies couldn’t be convinced to contribute. Since these guys give no quarter to non-commercial infringement, as deliberate systemic commercial infringement they should get none, otherwise our government is condoning bootlegging which should be illegal and prosecuted.

Personally, I would rather see these corporations put into receivership if necessary. All the copyrights they hold could revert to living creators, the assets can be sold off, perhaps at fire sale prices to the technicians who actually did the hard work of pressing disks and distribution.

Maybe this is just what we need to jump start the digital music industry. Artists who have established a following can enter equitable agreements with the music distribution companies who will not own the soul (or copyright) of the creators in the manner of a “company store”. Because after all its better for our talented musicians and songwriters to do the work they are suited for. This could be the beginnings of a GOOD music industry, and a celebration of Canadian musical culture not seen in this country since the 1930’s. Bravo.

[*Chocolate Frog:   Sorry, no actual chocolate here, or frogs either for that matter. My family watches the end credits of movies all the way to the end, and are sometimes rewarded for doing this by way of a bonus scene at the end, usually something to make me smile. After reading the Harry Potter books we started calling this a “Chocolate Frog” because it was an unexpected extra.]

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