interweb freedom

(formerly Stop Usage Based Billing)

Posts Tagged ‘pirate party of canada’

Talk Like A Pirate Day marred by DDoS Attacks

Posted by Laurel L. Russwurm on September 20, 2010

Boy in pirate gear looks through a spyglass

Avast mateys! Sunday September 19th was Talk Like A Pirate Day.  It’s always the 19th of September.

Kids (of all ages) around the world revel in a whole day in which they can “Talk Like A Pirate”.    Arrr.   Be a pirate.   Sing and play pirate songs like the Arrogant Worms classic pirate tune Last Saskatchewan Pirate.  Dress up in pirate gear.  There is even an online Pirate Translator for assistance with pirate talking.  It is nothing to do with politics, or copyright. The point of “Talk Like A Pirate Day” is fun. Yo ho ho.

This year, not so much.

The MPAA has been unsuccessfully trying to convince people that sharing is a bad thing by spending vast sums of money on ‘anti-piracy’ advertising. Of course it doesn’t help that they what they call piracy is not just commercial bootlegging, but includes personal use sharing and any number of things that users feel justified in doing. (Some copyright “reformers” say that we need to purchase copies of the same book for every member of the family.) Or format shifting. (Some copyright “reformers” say we should purchase copies of the same song for every device we would play it on.)

Although this campaign to make people think that piracy is terrible has been largely unsuccessful with citizen consumers, in combination with massive lobbying efforts it seems to have worked with governments. The USA passed the Digital Millenium Copyright Act (DMCA), the UK passed the Digital Economy Act (DEAct), and the Canadian government continues to push ahead in the face of almost universal opposition to it’s Canadian DMCA Bill C-32. The MPAA /RIAA has also been pushing the secret Anti-Counterfeiting Trade Agreement (ACTA) in an attempt to make an end run around WIPO, previously the way to achieve international copyright treaties. Although not perfect, at least the WIPO process was transparent. Even so, none of these laws are easy to uphold in the face of such widespread citizen dissatisfaction. The DMCA has been repeatedly amended in response to court challenges to various anti-democratic aspects over the 12+ years of its operation.

So the MPAA hired Aiplex Software to go beyond the law, and use what is called a “Distributed Denial of Service (DDoS) attack” to take down websites they allege infringe copyright. I believe this is done by overwhelming the site with traffic. I think that’s a bad thing. And apparently I’m not alone.

“Girish Kumar, managing director of Aiplex Software, a firm in India, told this website that his company, which works for the film industry, was being hired – effectively as hitmen – to launch cyber attacks on sites hosting pirated movies that don’t respond to copyright infringement notices sent to them by the film industry.”

Sydney Morning Herald: Film industry hires cyber hitmen to take down internet pirates

White Pirate Ship silhouette on one and A casette tape making the skull above crossbones for the other
Word went out that Aiplex used this tactic to take down the Pirate Bay website, which led to retaliation by the anonymous membership of the 4chan Message Boards. According to Torrent Freak,

“Following a call to arms yesterday, the masses inhabiting the anonymous 4chan boards have carried out a huge assault on a pair of anti-piracy enemies. The website of Aiplex Software, the anti-piracy outfit which has been DDoSing torrent sites recently, is currently down having been DDoS’d. They are joined in the Internet wasteland by the MPAA’s website, also currently under huge and sustained attack.”

TorrentFreak: 4chan DDoS Takes Down MPAA and Anti-Piracy Websites

I don’t know about the MPAA but I did see that the Aiplex site was indeed down yesterday. Today both are back up, as is the Pirate Bay site.

When the MPAA employs Aiplex to attack other sites, it makes the MPAA look very bad.

And the urge to retaliate is a natural human instinct. But striking back at your attacker isn’t always the best course of action. In this case, it doesn’t really help. In fact, replying in kind makes ‘pirates’ look bad.

Logo made of a purple letter P formed by a pirate sail enclosed in a circle surrounded by gold laurel leaves

Instead of talking about the great Software Freedom Day we had yesterday, people online were talking about DDoS attacks.

And suddenly it wasn’t any fun to talk like a pirate.

That’s too bad. Because raising awareness among those who might fall prey to misleading ‘piracy’ propaganda is important.

One constructive way to fight against bad law is to get involved politically. The European Union currently has two elected Pirate Party members. At this point pretty nearly every country in the world has a Pirate Party at some stage of development. (The United States has two. Coincidence? I think not.)

I believe that The Pirate Party of Canada is gearing up to register candidate(s) for the impending Federal Election, which is the last step in achieving ‘official party status’. Just the name “Pirate Party” draws attention to the issue. The point is not to engender lawlessness, but rather to fight for sane copyright reform.

Woman in Orange smoking text encircling her reads A TPB WORLD PREMIERE Die Beauty

When I went to check if Pirate Bay was down yesterday, I got a glimpse of one of the best ways to fight against the negative propaganda being peddled by the MPAA.

A new movie Die Beauty is being released on The Pirate Bay. You can check out the Die Beauty movie trailer on FaceBook (you don’t even have to log in to see this) and it looks quite interesting.

This is of course is the real reason the MPAA is so eager to shut down p2p sites like The Pirate Bay. The MPAA needs to kill or control this new distribution medium because it means that film makers don’t need a Hollywood monopoly to distribute their movies. Making effective use of this distribution channel to legally distribute movies is a far more effective way of fighting the MPAA.



[If you’re aware of any movies, videos, music, books and art that make use of or plan to use Internet p2p distribution and/or creative commons licensing please let me know so I can add them to the list I’m compiling of of the new media. Thanks! —laurel]

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

#digicon

Posted by Laurel L. Russwurm on May 21, 2010

was #copycon futile?

No Usage Based Billing
Last year the Canadian Government held a Copyright Consultation to ask Canadians what we thought was important for Canadian copyright law. More than 8,000 Canadians from all across Canada made #copycon submissions. We have yet to see if we were heard, although rumour has it that the legislature will be seeing a new Canadian Copyright bill soon… possibly for June 2010. Many of us have serious concerns about whether it was an exercise in futility or not.

No.

From my perspective, even if the government does not listen and learn from the #copycon, I know I have learned an enormous amount about copyright and how we think from other Canadians who made submissions. From things I’ve read and learned from the #copycon, if I were to make a copyright submission today it would be very different. But that’s another post.

Canadians are talking about copyright, and understanding the forces at play much better. The conversation is far from over, and we need to get a handle on things and come to a consensus about before law is made.

What was said by Canadians in the formal Copyright Consultation submissions has laid the foundation of a valuable resource for all Canadians. A reference primer of “What Canadians Want”.

we don’t want bad law

But the law may be made anyway. Rumours that the government will try to push through a Canadian DMCA (a Bill C61 clone) have many citizens worried. But sometimes that happens, bad laws get passed.

Probably one of the biggest exercises in lawmaking futility was the American 1919 Volstead Act which we know more familiarly as Prohibition. God fearing law abiding solid citizens— people who wouldn’t have so much as dreamt of jay walking before Prohibition— instantly transformed into criminals frequenting speakeasies when the American law outlawing alcoholic beverages went into effect. The roaring twenties came and went before Prohibition was repealed in 1933.

Because prohibition favored the goals of a special interest group over society’s mores it just couldn’t work. Aside from fostering near universal flagrant contempt for the law among citizens, a serious byproduct was the support this bad law gave to the growth of organized crime. Before American Prohibition, the mafia was just some petty disorganized criminals. After Prohibition gangsters became rock stars. How many books, articles, movies and even musicals have grown up out of the gangster mystique. Canada’s own gangster wannabes in The Boyd Gang seem to have hatched out of the gangster mythology. Folk heroes even.

Friar Tuck and Robin Hood in Sherwood Forest, Robin In The Hood Festival

Hundreds of years later we still idolize Robin Hood

What I know of history has shown that when bad laws are passed the populace initially chafes and suffers. Although the government passing the bad law hopes that people will put up with it, one thing that they never seem to expect is that bad laws provide their opponents with points of commonality.

Often people who are ideologically incapable of co-operating are galvanized into finding a way to work together when a bad law is passed. The bad law itself becomes a visible rallying point, a specific dragon to slay.

But one of the most compelling things that any bad law provides to its detractors are the martyrs.

Although I talked about this story as an example of what to expect if the secret A.C.T.A. treaty is passed, it is a real life demonstration of what is happening right now in the US under the existing American DMCA. A young woman went to jail for the crime of recording her sister’s birthday party.

And although history shows that bad laws tend to be overturned in time, I still think it’s better not to have bad laws in the first place.

In the case of copyright, the people who will be most harmed by bad copyright law are the younger generation, many of whom have not attained voting age. As a mother, this special interest group is important to me, because I don’t want to see bad things happen to our best and brightest.

As a student of history I do know that there will very soon be a time when this generation will not only be able to vote but, may well be able to form a government. When I was a teenager we thought running for student council was a big deal. Today Canada’s newest political party has been formed largely by people barely old enough to vote.

Digital Economy Consultation

In the meantime the Canadian government has again asked us for our input.

This time it is for a Digital Economy Consultation. How the Canadian Government reacts to the changes caused by the digital world will have a huge impact on our future. Our economy.

A long time ago Canada had climbed to the forefront of the world of technology with the Avro Arrow. Yet an incredibly short sighted government pulled the plug on that and well and truly killed the project. Naturally it triggered a “brain drain”, as many of Canada’s best and brightest migrated to the United States to work at NASA. Surely we don’t want to go that route again.

Acryllic on Illustration board painting by Aviation Artist Lance Russwurm

Once Canada led the world in technology...

We certainly don’t want to end up in a legislative shambles the way the United Kingdom has. Their ill advised Digital Economy Bill (know to Twitterati as #DEBill) which was rushed through the legislative procedure without proper scrutiny resulted in a hung parliament and the fall of a Prime Minister. Surely Canada doesn’t want to go that route either.

All Canadians should try to participate…

…even if we say what we think and what we want, and they choose not to hear, the ideas will still be out there floating in the ether.

Judging by the quantity and passion of the comments I’ve been reading in online articles to do with weighty issues like UBB and copyright, many of us have thought about this and have a lot of good ideas. This is a good place to put them. And what better time to be heard than when we are lucky enough to have a minority government. At times like this, governments at least try to give the appearance of listening.

Maybe that doesn’t sound like much, but as a mom I can tell you, when you ask your kid to pretend to go to sleep, before long he really is asleep. Maybe if our government starts out by appearing to listen to our submissions they will accidentally find themselves actually listening.

It’s worth a shot.

#digicon

I think that the #digicon will be just as valuable for Canadians as the #copycon was. The process isn’t quite the same as the earlier consultation. As I understand it, off topic comments (such as talking about copyright reform) are likely to be moderated out of the forums.

Read the #digicon Consultation Paper
Participate in the digicon forums – see what other people have to say
DENT about #digicon
tweet about #digicon.
Talk about it on your wall.
Then write your own submission.
**Note: They want a 250 – 500 word summary of the submission as well. I assume to make it easier to sort the piles.

the process

It seems that although the 40 page Submission Guidelines can be downloaded as a PDF, they are also available in clear HTML on the website. Yay! I love that they are asking for submissions in

“text-only format or as a document upload (e.g., Word, RTF or WordPerfect formats”

http://de-en.gc.ca/submissions/

Sounds like they’d rather not get stuck in the PDF morass they had for copycon. Deconstructing all the PDF submissions is probably the chief reason why it took so long for all the submissions to be posted online.
(I hate PDFs!)

time limit

As of today, there are 49 days to make a submission. But there’s a lot to think about, so don’t leave it until the last minute (as so many of us did with #copycon)

Things you might say today may help someone else develop a brilliant strategy that would benefit us all. (Hint: that’s why re:mixing is such a good idea)

back-up

I read a comment yesterday from someone who was concerned that the comment or link they’d posted to the #digicon page had been subsequently removed (or moved somewhere else).

If you’re concerned that may happen to your comments or links, or if you’ve something you want to say about the Canadian Digital Economy Consultation that you feel may not survive their moderation, feel free to put it in the #digicon links & comments
My only rules: no spam, no personal attacks/hate mongering.

Similarly, if you have pertinent links you think may help answer questions or examine the issues, feel free to include them. If they start to pile up, when I have a minute I’ll list them under #digicon links in the sidebar.

insurance

Because some Canadians are a bit cynical, we not only submitted our formal #copycon submission to the government, we also posted it on our blogs or websites as (ahem) insurance.

As any emerging artist knows, the wider you can disseminate your art the more people will have the opportunity to become a fan. Or in this case, the more people who can see and read the argument, the more can understand the argument.

to blog or not to blog

If you don’t have one, you can get a free blog from various sources; personally I’d recommend WordPress.
If you don’t want a blog, but want to be heard, I’m willing to post submissions on the Oh! Canada blog as a guest post.

Consultation Questions

Innovation Using Digital Technologies

  • Should Canada focus on increasing innovation in some key sectors or focus on providing the foundation for innovation across the economy?
  • Which conditions best incent and promote adoption of ICT by Canadian business?
  • What would a successful digital strategy look like for your firm or sector? What are the barriers to implementation?
  • Once copyright, anti-spam and data breach/privacy amendments are in place, are their other legislative or policy changes needed to deal with emerging issues?
  • How can Canada use its regulatory and policy regime to promote Canada as a favourable environment for e-commerce?

Digital Infrastructure

  • What speeds and other service characteristics are needed by users (e.g., consumers, businesses, public sector bodies) and how should Canada set goals for next generation networks?
  • What steps must be taken to meet these goals? Are the current regulatory and legislative frameworks conducive to incenting investment and competition? What are the appropriate roles of stakeholders in the public and private sectors?
  • What steps should be taken to ensure there is sufficient radio spectrum available to support advanced infrastructure development?
  • How best can we ensure that rural and remote communities are not left behind in terms of access to advanced networks and what are the priority areas for attention in these regions?

Growing the ICT Industry

  • Do our current investments in R&D effectively lead to innovation, and the creation of new businesses, products and services? Should we promote investments in small start-ups to expand our innovation capacity?
  • What is needed to innovate and grow the size of the ICT industry including the number of large ICT firms headquartered in Canada?
  • What would best position Canada as a destination of choice for venture capital and investments in global research and development mandates?
  • What efforts are needed to address the talent needs in the coming years?

Canada’s Digital Content

  • What does creating Canada’s digital content advantage mean to you?
  • What elements do you want to see in Canada’s marketplace framework for digital media and content?
  • How do you see digital content contributing to Canada’s prosperity?
  • What kinds of infrastructure investments do you foresee making in the future? What kinds of infrastructure will you need in the future to be successful at home and abroad?
  • How can stakeholders encourage investment, particularly early stage investment, in the development of innovative digital media and content?

Building Digital Skills

  • What do you see as the most critical challenges in skills development for a digital economy?
  • What is the best way to address these challenges?
  • What can we do to ensure that labour market entrants have digital skills?
  • What is the best way to ensure the current workforce gets the continuous upskilling required to remain competitive in the digital economy? Are different tactics required for SMEs versus large enterprises?
  • How will the digital economy impact the learning system in Canada? How we teach? How we learn?
  • What strategies could be employed to address the digital divide?

Improving Canada’s Digital Advantage

  • Should we set targets for our made-in-Canada digital strategy? And if so, what should those targets be?
  • What should the timelines be to reach these targets?

a horizontal border of red graphic maple leaves


There are a lot of questions. After reading the material, listening and/or participating in the forum discussions, chatting with co-workers around the water cooler or the oil rig, or the kids in your youth group, or with your e-friends on Identi,ca, Twitter or Facebook…

Say what you think.

Our government is asking us for input. Let’s give it to them.

a horizontal border of red graphic maple leaves

[Digital Economy Simulpost: Since this will affect all Canadians, I’m posting the same post in all three of my blogs, Oh! Canada, StopUBB, and in the wind]



If you haven’t already, sign the petition. There are only 10796 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: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 8 Comments »

Write Letters to Stop UBB

Posted by Laurel L. Russwurm on May 18, 2010

No Usage Based Billing

Living in a democracy means that citizens are free to communicate with our government.

Opinion expressed in one letter from one constituent has long been weighted with a great deal of importance. The presumption is that if one person invests time and effort in writing a letter and posting it, there are very likely a whole bunch of people out there grumbling about the issue who simply haven’t invested the time and effort in writing. After all, not everyone is comfortable writing a letter.
envelopes and fancy stationary

the formula

I don’t know what the actual formula is, nor even where to look for it. (If anyone knows, I’d love a link.) But people who have studied this stuff have worked it out that:

X number of petition signers = Y number of letter writers = Z number of email writers

So even though 100 people might sign a petition, and another 100 people might send a letter and a third hundred people may send email, the concerns of these three different groups of people will be treated differently. Doesn’t sound very democratic, does it?

Canada Post canceled Royal Canadian Military College stamp

petitions

The thinking goes something like this: it takes only a few seconds to sign your name to a petition.
Therefore the idea presented by the petition may mean little or nothing to those signing it.
Maybe it is something you agree with passionately.
But maybe you just signed it as the easiest way to get the person with the petition off your back.
A petition signed by 100 people would therefore have less authority– much less– than individual letters from those same 100 people.

Canada Post Mary Pickford Stamp

form letters

A form letter is going to be given less weight than an original letter, probably because the sender did not craft the letter themselves. The thinking seems to be that the sender put less work into it personally, so therefore it wasn’t important to them.

I think that is a serious error of logic. Just because some people simply aren’t letter writers, or comfortable putting their ideas down does not make their opinion less valid, it simply means that they have a different skill set than someone like me who writes endlessly.

If someone provides the words in a form letter that expresses what you think, it should be perfectly valid. As an expression of your views it should have just as much weight as an original letter. After all, FINDING the right form letter might even take even more work than writing your own. Not everyone is a writer. Your ability to participate in Canada’s democratic process should not be jeopardized by whether or not you are a confident letter writer.

Canada Post canceled Yousuf Karsh stamp

postal mail

In actual fact, it does not directly cost a citizen anything to mail a letter to our elected representatives. That’s a right that Canadians have based on the fact that our government is supposed to be a democracy. We are allowed to post our thoughts and ideas to our government without having to pay postage.

But if I send a physical letter, known to many in today’s world as “snail mail” because it is not as nearly instantaneous as email, the physical letter has to be collected from the pick-up point, transported to the sorting station, sorted, transported to the destination post office, sorted, and then delivered. When constituent mail arrives at the Parliament Buildings, it has to be sorted for delivery within to the office of our MP, or the Minister of Industry, or the Prime Minister, wherever it is supposed to go. The reality is of course that all of this physical handling is in fact paid for out of government coffers which come from– you guessed it– our tax dollars. So although we are not paying directly out of our pockets, we are paying indirectly out of our tax dollars for sending physical mail to our government.

email

Canada Post Permanent Stamp

Politicians also seem to put a lot less value on email letters, giving them substantially less importance than a physical letter delivered by Canada Post.

Yet writing an effective email letter is just as difficult as writing a physical letter. It takes the same amount of effort as writing a physical letter.

So why do politicians routinely devalue our email and count it as less than a physical letter? I think this differentiation is purely financial. It probably came from market research that says if a customer invests in a stamp in order to mail a letter, although small it is a financial commitment. And in today’s world we also have to figure out where we can even mail a physical letter since there are fewer post offices and mailboxes available.

When we send email to our representatives, the routing is all done electronically, but in this scenario no Canada Post physical presence is required. In fact there is no physical human labour until the last lap when presumably the email arrives at the office of the recipient. Depending on their computer skills, the letter might in fact be printed or possibly read off a screen by the person we have addressed.

But in reality, if I send an email to my elected representatives, no letter carrier has to carry it. Canada Post does not have to expend any energy in delivering my letter.

Canada Post Permanent Stamp

email is free (for now)

At the moment, email is pretty well free in Canada. Any Canadian who is hooked up to the Internet gets at least one free email address. But you don’t even need that anymore. Even if you don’t have an internet account, you can log onto the internet for free at a public library, or perhaps on a friend’s connection and get a free email account of your very own from hotmail or Yahoo or any one of dozens of free email providers.

The fact that email is free is is a big part of why spam is so prevalent; spam can be automatically sent to hundreds of thousands of recipients at virtually no cost. So long as one person falls for the scam or purchases the product spam will never ever go away.

Except Usage Based Billing means that everything we do online will cost money. Including email. In many cases we won’t be paying the email provider but we will be paying Bell Canada. So those of us who chose to use email will in fact be paying for the privilege of emailing our elected representatives.

Right now though, until UBB is implemented, email is still free. So it does not cost us directly OR indirectly.

politicians

My email is set up to request a delivery confirmation when I send email. That way, I get a notification that the email I have sent has been received. This is very handy in a lot of situations. Last year when I emailed politicians about an issue, some of them weren’t tech savvy enough to turn off the email confirmations. Of those, about half confirmed that my email was deleted without being read.

That’s unsettling on more than one level. The whole point of a democracy is that constituents are supposed to have access to their government. Government officials who delete constituent email without reading it are hardly behaving in a democratic manner. Although I do not reside in the electoral ridings of these MPs, in their capacity as members of the Canadians Government, they were serving on a committee deliberating about issues that will affect me. So it wasn’t simply impolite, it was a clear case of deliberately not even giving a hearing to a citizen.

What is even worse was that these same politicians who don’t understand a simple email function like automatic confirmations are making laws about Canadian access to technology. That doesn’t bode well for Canadian access to technology in the 21st century.

Canada Post Permanent Stamp

fiscally responsible government

Since physical mail costs the Canadian Government far more than email, they ought to be encouraging citizen email use, regardless of marketing formulas.

what goes around comes around

When we send our elected representatives email, they respond with email. When we send them physical letters they respond with physical letters.

In my experience, there is always an awfully long time before I get a response. I wonder if the intent is to wait a really long time to answer because by then I will have forgotten what I have written? Like most Canadians I keep copies of my correspondence so it doesn’t matter how long the reply takes, I can always refer back to my original letter. And the response doesn’t ever seem to actually answer my letter.

Canada Post 160 stamp - orange flower

But even if we are not going to get a prompt or good response from our elected representatives, and in fact all members of our government, we still have the right to be heard. Which is why I think we should write letters to our government to tell them why Usage Based Billing is not a good thing for us. And if we send paper letter s through the mail, someone in the office has to at least open it before throwing it out. If it is email, apparently it can be deleted without being read.

Because right or wrong, politicians attach far more weight to paper letters than email.

why write?

Are you struggling to pay for the Internet now? Tell them that.

Canada Post Oscar Peterson cancelled Stamp

Are you making a blog or do you have a web page that you are trying out as a way to promote a home business?

Are you a creator, do you have books, music or movies that you want to distribute online?
Do you have school kids who need to access the Internet to be able to participate fully in their own education?
Are you a shut-in who can access the world through the Internet?
Are you a researcher who needs to be able to access information?
Are you one of the many Canadians who is getting their news exclusively online? Do you use Internet banking? Are you looking for work? Are you selling or are you buying? Do you download public domain ebooks from Project Gutenberg? Or FLOSS? Are you a Facebook denizen or a Twitterer?
Tell them.

what to write?

If you need help with wording, I have written thousands of words in this blog I have been writing since I first heard about UBB. And I’ve put every word I’ve written in this blog directly into the public domain. That gives you the right to pick and choose anything I have said to create your own letter to tell them why you think UBB should be stopped. Because I’ve been trying to make this a work of reference, I’ve listed all the blog articles in the left hand sidebar, so I hope that should help you find any appropriate bits.

Canada Post Red flowers 50 cent cancelled stamp

Since the Minister of Industry, Tony Clement was able to overturn the bad CRTC Windmobile decision, he should also be able to overturn this bad UBB decision.

And for the same reason: it will be bad for Canada’s technological future.

write to your mp

Even if our MPs might not be very tech savvy, the Canadian Government has in fact invested oodles of money in setting up excellent internet access to all aspects of our government. Of course, when Usage Based Billing starts, it will make Canadians hesitate before using these excellent online governmental resources because we may not be able to afford them come UBB.

This excellent link will allow you to find your MP even if you don’t know who it is. This will find the MP for your riding based on your home postal code.
Find your MP

cancelled Canada Post 51 cent stamp with 2 red flowers

write to our government

This is an issue that will affect all of Canada, so all of our government should be aware of it. Because there is so much on the go, however, it is reasonable to assume that many of them are just as much in the dark about UBB as the rest of Canada. So it certainly wouldn’t hurt to write to all of the leaders. Should a Federal Election come to pass in the near future this could be an important issue.

Conservative Party of Canada logo

Prime Minister
The Right Hon. Stephen Harper, P.C., B.A., M.A.
House of Commons
Ottawa, Ontario
K1A 0A6

Minister of Industry
The Hon. Tony Clement, P.C., B.A., LL.B.
House of Commons
Ottawa, Ontario
K1A 0A6

Minister of Heritage
The Hon. James Moore, P.C., B.A.
House of Commons
Ottawa, Ontario
K1A 0A6

Liberal Leader
Michael Ignatieff, B.A., M.A., Ph.D.
House of Commons
Ottawa, Ontario
K1A 0A6

Bloc Quebecois Leader
Gilles Duceppe
House of Commons
Ottawa, Ontario
K1A 0A6
[*M. Duceppe would prefer communication in French, but I’ve heard that he’s classy enough to respond to mono-lingual English speakers in English
(in other words, English would be better than a bad Google translation]

NDP Party of Canada

NDP Leader
The Hon. Jack Layton, P.C., B.A., M.A., Ph.D.
House of Commons
Ottawa, Ontario
K1A 0A6

NDP Technology Critic
Charlie Angus
House of Commons
Ottawa, Ontario
K1A 0A6

Even though the Green Party got nearly a million votes across Canada in the last election, the green party still has not elected a single member, due to our unfair and antiquated “first past the post” electoral system. If you’re interested in working to change that issue, you might want to contact your local chapter of Fairvote Canada and participate in effecting change so that all Canadians will have a voice in our government.

In the meantime, although unelected, the Green Party Leader Elizabeth May does in fact have a larger constituency than many who hold office, so it certainly would not hurt to contact her about your UBB concerns.

Green Party LogoUnelected leader of the Green Party
Elizabeth May
The Green Party of Canada

Contact the green party of canada

The Pirate Party of Canada is brand new, but since they have come to exist in defense of copyright law and the Internet, it makes sense that they would be interested in fighting Usage Based Billing because it too will impede citizen access. Because they have not yet stood in an election and have no elected representatives, I’m pretty sure that postal mail to the Pirate Party of Canada is not free. However, you can mail them your concerns if you spring for a stamp, or head to their website and leave comments there.
The Unelected Leader of the Pirate Party of Canadapirate party of canada
Jake Daynes
Pirate Party of Canada
43 Samson Blvd #165
Laval QC H7X 3R8

A graphic of fireworks on a Canada Post Permanent Stamp

It certainly wouldn’t hurt to ferret out any smaller political parties that may exist in your riding. According to Wikipedia, there are a great many, so check it out to see a list of canadian political parties which would be an excellent starting point. The more people we have talking about Usage Based Billing the greater the possibility to stop it.

It is also possible to mail a letter to every single Member of Parliament. I would caution you about doing this by email. One person I spoke with in a Facebook CAPP forum told me that she had sent email to all of the Members of parliament during the Premature Prorogation, and had her Yahoo email account frozen because of it– because she was sending the same letter to hundreds of people, her her account flagged it as a spammer.

I suggest if you want to do something like that by email, do it in smaller increments. I’m contemplating sending them all postal mail letters. Wonder how many replies I’d get…

Canadians need to know about Usage Based Billing.



If you haven’t already, sign the petition. There are only 10787 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: , , , , , , , , , , , , , , , , , , , , , , , , , , | 8 Comments »

Cat Joke: Making Light of A.C.T.A.

Posted by Laurel L. Russwurm on March 12, 2010

No Usage Based BillingThe following cautionary cat tale was found in one of the Pirate Party of Canada’s forums.

Pirate Party of Canada logo

Hindgrinder
Re: ACTA Task Force

3 Canadians and 1 American were sitting together watching the Mens Gold Medal Game in Vancouver bragging about how smart their cats were.

The first man was an Internet Service Provider,
the second man was a Copyright Law Professor,
the third man was a New Democrat Member of Parliment, and
the fourth man was a US Corporate Lobbyist.

To show off, the Internet Service Provider called his cat, “Broadband”, do your stuff.”

Broadband pranced over to the computer, logged in as admin and started downloading the entire internet.

Everyone agreed that was pretty smart.

But the Copyright Law Professor said his cat could do better. He called his cat and said, “Public Domain, do your stuff.”

Public Domain went over to the computer, instantly sorted all of what Broadband was downloading and printed off a fair copyright royalties due spreadsheet.

Everyone agreed that was good.

But the New Democrat M.P. said his cat could do better. He called his cat and said, “Parlimentarian, do your stuff.”

“Parlimentarian got up slowly to the computer, created a Facebook page, linked it to Broadband and Public Domain, drafted a dozen emails and bill 398, made a YouTube video meowing for transparency from ACTA cat and meowed an indian war dance song.
Everyone agreed that was pretty good.

Then the three men turned to the US Corporate Lobbyist and said, “What can your cat do?”

The US Corporate Lobbyist called his cat and said, “ACTA, do your stuff.”

ACTA jumped to his feet…….

Throttled Broadband’s torrents to a crawl and initiated a lawsuit for copyright infringement against both Broadband and Internet Service Provider……..
Scrambled Public Domains online excel sorting rules and shit on the fair royalties due spreadsheet……..
filed an inflated grievance lawsuit for RIAA lost revenue…….
bypassed due process to convict 90% of humans under 40 years old of copyright infringement……
screwed the other three cats and claimed he hurt his back while doing so…….
put in for Corporate Compensation for injury on the job in a foreign country……………and
went home for the rest of the day on paid sick leave…………

Internet Service Provider, Copyright Law Professor and N.D.P. M.P. where last seen pooling their money to buy a dog.

Geist

Angus

Of course, I’m wondering who everyone is…

Copyright Law Professor would have to be Michael Geist.

And it’s more than reasonable to assume that the N.D.P. M.P. would be the most vocal Canadian MP opponent of A.C.T.A. Charlie Angus, but who could the Internet Service Provider be?

talktalk logoIf this was the U.K., it would be talktalk, the brave ISP waging war with the dread Digital Economy Bill (the U.K.’s opening act for A.C.T.A.)

Within the joke, “ISP” couldn’t possibly be Bell Canada or Rogers, since their use of consumer monitoring tools like DPI to help run their empires clearly place them in the pro-A.C.T.A. camp.

MTSallstream logo

So if we’re going to extrapolate the casting for this joke, for Canada the ISP would have to be one of our endangered Independent ISP’s like MTS Allstream or Tek Savvy (you can find a comprehensive listing of Independent Canadian ISPs here).

pseudo FBI Warning

And the U.S. Corporate Lobbyist, well, lobbyists are faceless representatives of the business, or in this case group of businesses in back of a piece of legislation, or in this case a whole body of international legislation.

These businesses have been trying to convince the citizens of the world that we don’t own what we’ve purchased for years. They started by placing supposed FBI warnings on videotapes threatening huge fines for non-commercial infringement. Then the earliest attempts at copy protection (DRM/TPM). Followed by aggressive marketing campaigns directed at the media customer base, in attempts to demonize personal use copying.

Now, in the face of these failed attempts to change global attitudes about copyright and ownership through advertising/propaganda, the copyright lobby seeks to change the laws to force the world to follow their rules.

They’ve been pursuing this war actively on two fronts. First, by lobbying individual countries to criminalize copyright infringement. But lately, this group (dubbed by Michael Geist “The Copyright Lobby”) has gone much further, by convincing the U.S. Government to push the “Anti-Counterfeiting Trade Agreement” which seeks to force the world to change copyright law through this secret treaty on a global scale.

The “Copyright Lobby” is made up of the American led Movie and Music Corporations along with their Interested Associations and Copyright Collectives. Of course this lobby group is attempting to remain faceless. because the real victim in their nefarious activities is their customer base. This is why they are attempting to get governments to do their dirty work, particularly through secret treaties like ACTA. They have the vain belief that they won’t alienate their customers.

The copyright lobby doesn’t have a logo, precisely because the companies they represent are attempting to stay out of the public eye. It’s a thinly veiled secret that the corporation unofficially leading the fight for terrible copyright “reforms” is the same company that once had to be legally compelled to give credit to the animators, actors, writers, musicians, technicians etc. who actually created their movies. Though he hadn’t actually picked up a pencil himself in years, the corporate founder felt that the only name attached to movies made by his corporation should be his own. In those days the law disagreed.

Nearly a century later this same corporation seeks to change the laws of all the world so they can maintain control of a mouse cartoon. Which is why interested parties have created this logo (right) for A.C.T.A.

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

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.]

STOP Usage Based Billing

Posted in Changing the World | Tagged: , , , , , , , , , , , , , , | 6 Comments »

D: BitTorrent

Posted by Laurel L. Russwurm on November 24, 2009

No Usage Based Billing
No Usage Based Billing

[The First Part of this series was <<A: Open Source. The second installment of the Stop Usage Based Billing alphabet series was <<B: Packets and the Internet. The third installment was <a href=”<<C: Deep Packet Inspection, and the final installment will be E: Open Source Deep Packet Inspection]

What is BitTorrent Anyway??

“BitTorrent is a peer-to-peer file sharing protocol used for distributing large amounts of data. BitTorrent is one of the most common protocols for transferring large files, and it has been estimated that it accounts for approximately 27-55% of all Internet traffic (depending on geographical location) as of February 2009.”

Wikipedia on BitTorrent

BitTorrent is an extremely fast and efficient means of uploading and downloading. BitTorrent is an excellent way to distribute large materials to many people via the internet.

Radical Ideas

Like so many of the radical new ways to do things that technology and the internet have made possible, BitTorrent can only work through co-operation. BitTorrent requires a network of “peers”, or other people’s computers who are willing to share the file. This is referred to as “peer to peer” or “p2p.

If I have a large file I want to transfer, the first step is to “seed” the file, transferring portions of the file to multiple members of the p2p network.

BitTorrent begins seeding portions of the file for transfer

Diagram 1: Seeding

It only takes a small fraction of the file to be passed along before the process speeds up enormously.

Seeding continues, but peers have begun exchanging data

Diagram 2: Seeding and Sharing

Once I have a small portion, i pass it along at the same time as I’m receiving new bits of the same file, either from the original seed source of another peer.

uploading and downloading

Diagram 3: Upload + Download = Speed

With many participants (peers) uploading and downloading at the same time, large files can be distributed very quickly indeed.

Diagram 4: Finish Fast

Bell Canada “Throttles” BitTorrent

Bell Canada

When Bell Canada was first caught “throttling” internet traffic to the Independent ISP customers, Bell Canada’s justification to the CRTC was that the internet was too crowded, and that it was necessary to “manage” the traffic. Bell claimed that they needed to employ Deep Packet Inspection to identify BitTorrent Traffic so that they can “throttle” it.

Mandate:
“The CRTC’s mandate is to ensure that both the broadcasting and telecommunications systems serve the Canadian public. ”

CRTC Role, CRTC Website

Amazingly, the CRTC had nothing to say about Bell Canada’s plans to discriminate against particular Canadian internet users.

The CRTC has accepted Bell’s unsubstantiated contention that this discrimination was necessary, and in approving it they have allowed Bell Canada to think that this discrimination is acceptable. In no way does this serve the Canadian public.

You might almost think that the CRTC mandate was to suppress Canadian creativity and the creation of Canadian movies and music. The availability of the technologies that exist to make it easy to create our own movies and music should be welcomed as an opportunity to add to and help grow our Canadian Culture.

Why single out BitTorrent traffic for throttling if it is an efficient use of the available bandwidth?

One of Bell Canada’s arguments for implementation of Usage Based Billing is that Canadian internet bandwidth is in short supply, making it necessary for them to “manage” bandwidth by penalizing heavy users.

So how could anything as efficient as BitTorrent possibly be seen as a bad thing if the Internet is so crowded?

It doesn’t make sense to discriminate against BitTorrent use. There is nothing inherently bad about BitTorrent use or BitTorrent internet traffic. But Bell Canada’s contention is that BitTorrent is bad because people use it to download movies and music.

Which begs the question: how does that make BitTorrent bad?

The Copyright Red Herring

The “Copyright Lobby”, which consists of large media producers and distributors (like Disney), and corporations and organizations (like MPAA), who distribute commercial movies and music, want us to believe that this is a bad thing.

This corporate special interest group has spent a great deal of time, energy and cash trying to promote the “pravda” that any digital copying of copyright works is bad. Making no distinction between commercial bootleggers who distribute illegal copies for profit and legal purchasers who seek to make a back-up copy or digital format shift for personal use, the Copyright Lobby has been pressuring governments the world over to criminalize personal use copying.

The problem for ordinary citizens is that these corporate interests have vast quantities of money to spend and a great deal of media power. This makes it incredibly difficult for governments to stand up to their onslaught. In some parts of the world this persistent advocacy has paid off for the Copyright Lobby, as lawmakers knuckle under and legislate to the detriment of their own citizens by making it illegal even to copy or download movies or music for personal use.

Here in Canada the Copyright Lobby is seeking to influence our lawmakers to criminalize personal use copying. They are trying to make Canadians think that people who make copies for personal use are performing criminal acts, and should be penalized the same as a a bootlegger who films the latest theatrical release off a theatre screen and proceeds to sell hundreds of thousands of bootleg DVDs.

Once again, Channel Four’s hilarious I.T. Crowd puts this question in perspective with this send-up of a video piracy commercial I found on YouTube.

Strong and free?

Strong and free?

Canadian Law says

RIGHT NOW, in Canada, personal use copying is simply not illegal.

RIGHT NOW, in Canada, use of the BitTorrent file transfer protocol is also perfectly legal.

RIGHT NOW, in Canada, peer to peer (p2p) file sharing is legal; Canadians break no laws simply by joining in a p2p network.

The Copyright Lobby’s smear tactics have gone a long way toward making the world believe that BitTorrent is inherently bad.

Bell Canada has convinced the CRTC that it is acceptable to “throttle” BitTorrent, because of BitTorrent’s reputed connection with possible copyright infringement. So although BitTorrent is perfectly legal, Canadian internet users are paying the price for the success of this Copyright Lobby propaganda.

Myth: All BitTorrent/p2p internet traffic consists of copyright movies and music

The Corporate world doesn’t understand radical ideas like Open Source software and p2p file sharing because these concepts are so different from anything appearing in the old business models. Even more incomprehensible to the outdated business models is the fact that it may or may not generate a direct monetary profit.

International Business Machines

The classic example of corporate myopia is:

“I think there is a world market for maybe five computers. ”

—attributed to Thomas J. Watson, president of International Business Machines, circa 1943

IBM For many years IBM has taken the rap for this quote whether or not Mr. Watson really did say it. (Most likely not.) Maybe proving it wrong is part of why IBM is such a going concern in the 21st Century. Having weathered the storms of fortune today’s IBM is a world leader by continuing to innovate and adapt alongside evolving attitudes and technologies. IBM has been steadily increasing their participation and involvement with Open Source software in this new century.

The reality is that IBM not only understands the importance of open source, the corporation has actively supported and promoted adoption of Linux and Open Office in the corporate world. And naturally BitTorrent is a part of the equation because it is such an efficient means to distribute large files (like for instance, Canonical’s Ubuntu.)

“Think.”

—Thomas J. Watson, president of International Business Machines

Seems IBM actually does heed their most enduring slogan (which definitely was coined by Mr. Watson). Sadly, this type of foresight is uncommon. Because BitTorrent is such a radical idea, most entrenched corporations simply aren’t capable of understanding it.

There are other uses for BitTorrent that are not only legal, but even perfectly acceptable in polite society.

The Nightingale and the Rose
Probably my favorite use of BitTorrent is the amazing Project Gutenberg. This organization has been digitizing books in the public domain and distributing them freely… via BitTorrent, since this is such an efficient method of digital distribution. After all, BitTorrent is used for transferring very large files like music and movies because it is very efficient.
firefox logo

BitTorrent file sharing is not all movies and music. Like IBM, many people actually use p2p to help distribute open source software like OpenOffice via p2p. There is a growing body of open source software available, for instance my favorite web browser is Mozilla’s Firefox.

In fact, there the awesome SourceForge website which provides a place to find all manner of open source software, or where you can release your own.

When a new distribution of Ubuntu is released, people around the world gather together and have Ubuntu Release Parties making more good use of BitTorrent

And of course the Pirate Party of Canada has established Captain: the Canadian Pirate Tracker, their own BitTorrent site where Recording Artists and Filmmakers (and I imagine novelists, and software creators as well would be welcome to utilize this) to freely distribute their work.

Every bit of music and every movie transferred is not a copyright infringement. If I get to the point where my home made movies may prove marketable, I would certainly be looking at BitTorrent Distribution. In fact it would probably be easier to distribute home movies to family via BitTorrent than it would be to try to burn DVDs. (DRM makes the two commercial movie making software packages I’ve purchased almost unusable. Of course it doesn’t slow down the bootleggers.) If YouTube is an indicator, I’m not the only person who wants to transfer music and movies freely … not as copyright infringements. I have paid levies to the music industry for home movies I have made and burrned to CD for distribution to friends and family. If I choose to transfer them via BitTorrent now I can avoid the levy but instead suffer the added expense of Bell Canada’s deliberate throttling inflation?

Another really good legal use of BitTorrents are the actual commercial websites where people can go to to purchase downloads of music. So far no one seems to have found anything wrong with this practice.

But that’s not all. Canada’s own CBC Television Network tried their own experiment by releasing an episode of their program Canada’s Next Great Prime Minister via BitTorrent. Unfortunately the BitTorrent didn’t work so well because of Bell Canada’s CRTC approved BitTorrent “throttling”.

Geist tweets about the Norwegian Broadcasting Corporation

Which is not to say it wasn’t a good idea. Not too long ago Michael Geist tweeted about the Norwegian Broadcasting Corporation‘s foray into BitTorrent use. All accounts indicate that their experiment was very successful indeed, which is having a big impact in the way they do business.

Ink Poster

The sad tale of a pirated Independent film can be found in this TorrentFreak article Indie Movie Explodes on BitTorrent, Makers Bless Piracy.

I guess it isn’t such a sad story after all.  

Thanks to piracy this Indie film called INK was has been achieving a distribution level that the filmmakers had never dreamed of.  They are of course extraordinarily pleased.

I think what is being called piracy here is BitTorrent p2p personal use sharing. Friends sharing with friends is one of the most effective ways to achieve recognition. They used to call it a “grass roots” movement. This is one of the major issues for the large movie studios. This is the place where they complain of being ripped off. What they don’t seem to realize is that this is a good thing. Exposure garners fans, makes a “name”. Fans buy stuff.

BitTorrent Traffic is not the only thing Bell Canada is Throttling

keys
Rumour has it that there are people who actually work from home.

Time was the government encouraged the idea of people working from home. There are all sorts of advantages to society, like reduced congestion on actual highways, less wear and tear on our roads, a decrease in commuting based pollutants in our environment, a reduction of human depletion of fossil fuels.

But if you work from home, you are probably going to have to transfer files back and forth between your home and workplace. Chances are good that you are going to encrypt this type of traffic for security reasons. Although Bell Canada says they are only “throttling” BitTorrent traffic, in fact there have been instances of Bell throttling encrypted internet traffic on the assumption that if it’s encrypted, it must be BitTorrent traffic.

Bell places the onus on the customer to prove their “innocence” before they will consider stopping throttling.

Since the CRTC gave Bell Canada permission to use Deep Packet Inspection to inspect our packets, the only way to ensure that our private information remains private is through encryption. And in Canada any encrypted internet traffic will most likely to be throttled.

Canadian Copyright Consultation

The Canadian Government is looking at updating Canadian copyright law. They held a copyright consultation process this year, traveling around Canada soliciting opinions of stakeholders. Even better, they set up a website where they accepted submissions from any Canadian who wished to contribute. This website was flooded with thousands of submissions. Some are simply a few lines, some are extensive essays covering all sorts of topics, but all I’ve read are heartfelt. Because of the overwhelming response it took a long time to get all the submissions posted. (My own submission finally made online.)

This process led a lot of Canadians, including me, to believe that the copycon process might actually mean that our elected representatives were listening to us.

Unfortunately there is currently a lot of pressure on our government to make copying movies, software and music for personal use illegal. The secret ACTA meetings have caused a feeling of dread to settle over most Canadians. There has been deprecating talk about weak Canadian copyright law.

Except it isn’t true.canadian copyright

If anything, Canadian copyright law is probably more robust than is good for us.

The essential problem that the copyright lobby is attempting to overcome the problem of suing their own customers for what they imagine are infringements. They have noticed that fighting personal use copying garners bad publicity. This problem can be neatly solved by passing the responsibility for finding and prosecuting copyright infringement to governments. And of course the only was to get government to take ob the responsibility is to convince them that the copyright infringement is a criminal offense.

Regardless, currently copyright law is imprecise as regards personal use copying. So we’ll just have to wait for an actual law to be passed before it becomes illegal. (This pressure is actually largely from foreign owned interests– like Disney. It will be interesting to see if our government caves to this outside pressure.)

mixed messages


The government mandated levy we pay every time we purchase a blank CD is a tacit governmental admission that it is legal to burn CDs of our own music.

In the pre-Tivo era, Canadian cable networks actively encouraged Canadians to videotape the movies that they showed so we could watch them when it was convenient. They called it “time shifting” in their massive advertising campaigns. But no media giants took our cable companies to court back then. For the same reason artists will lend or give away their work for free when they’re starting out (because they need to build and audience– exactly like the INK producers mentioned above), back then even Disney didn’t have a channel in Canada. So Disney didn’t kick up a fuss even though they had to have known this was happening. They let it go because it was in their best interests to allow time shifting (i.e personal use copying). Disney knew this was in their best interests because it would help the Canadian cable companies build their market.

Of course now Disney doesn’t want us to record their movies for personal use. Disney would be happy if our government decided personal use copying was illegal. They would be happier still if our government spent time and energy searching out and charging people who download Disney movies.

Disney would be happy they no longer had to expend time and energy chasing down copyright infringements. They would be ecstatic if our Mounties were to do it for them. Gratis.

But this precedent indicates copying movies for personal use is also legal in Canada

So even though p2p networks or copying movies and music are not actually illegal in Canada, our friends the CRTC gave Bell Canada permission to “throttle” anyone using BitTorrent transfers. Because the assumption is that even if you’re not technically performing criminal acts, per se, anyone who uses BitTorrent can’t be very nice.

The CRTC, the government body that is supposed to safeguard Canadian telecommunication consumers, gave Bell Canada legal permission to mess with BitTorrent traffic. Its discriminatory for one thing. If there are copyright infringements happening, there are laws to handle them. It isn’t any of Bell Canada’s business. Or the CRTC’s.

[More on copyright in my other blog– in the wind: Personal Use Copying vs. Bootlegging]

Dudley Do-Right?

Eirik Solheim's metaphorical image of the internet is the best I've seen: The internet is a series of tubes

Even if it were true that Canadian consumers were downloading music or movies, and even if it had been made illegal under Canadian Law, it should not make a whit of difference.

Because Internet Service Providers or Internet Carriers are NOT branches of Canadian law enforcement. They have not been deputized to enforce the law by the RCMP. If Bell Canada was in fact a Law Enforcement entity they would not be allowed to peek in any citizen’s packets without first acquiring a search warrant. Corporations don’t exist to uphold laws, they exist to make money.

The internet has been called dumb pipes, or a series of tubes, or a highway. It doesn’t really matter what you call it, what is most important is access for all.  
The people who control the pipes should not be allowed to discriminate against particular users for ANY reason. Net Neutrality is so important: the internet should be accessible to all.

revolutionary ideas

In the United Kingdom The Times Online Do music artists fare better in a world with illegal file-sharing? article looked at the benefits of personal use copying applied as peer to peer file sharing with some dramatic results.

Canada’s own ThisMagazine presented this thought provoking article Pay indie artists and break the music monopoly — Legalize Music Piracy which advocates making the law serve the artists and consumers rather than just the corporations.

Further rumblings about changing the way we look at this issue were reported recently by the The Globe and Mail blogs article NDP, Billy Bragg make case for free music


http://dissolvethecrtc.ca/
sign the petition!
10227 signatures

 

STOP Usage Based Billing

Posted in Changing the World, Uncategorized | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 10 Comments »