interweb freedom

(formerly Stop Usage Based Billing)

Posts Tagged ‘twitter’

Citizen Journalism: Sharing What Happened In Texas

Posted by Laurel L. Russwurm on June 27, 2013

Nothing better illustrates the truth of Jay Rosen‘s pronouncement that “the watchdog press is dead” than the events on the evening of Tuesday, June 25th, in the Texas State Senate.  The Republican majority planned to push though the anti-abortion Senate Bill No. 5. While CNN considered baked goods, the reportage from Texas was accomplished by citizen journalists, and global distribution was achieved various social media feeds.

This is a perfect example of why we need a free and open Internet.


Senator Wendy Davis vs. #SB5

by Karsten School

Posted on Twitter: @KarstenSchool  If the Texas Senate gets away with breaking the law in front of 170,000 people, the building should be razed to the ground #NoJusticeNoPeaceLast night something very important happened down in Texas, something that if you weren’t following as it happened, you’re probably not going to hear the whole truth about. I was one of the people who was in the right place to watch, and so I’m now going to try to pass on the word as best I can.

The Texas senate voted yesterday on a bill that essentially would have closed nearly every abortion clinic in the state. To try to counter the bill (which was heavily supported by the Republican majority, senator Wendy Davis attempted a one-woman day-long filibuster, during which time she spoke on the subject while going without food, water, bathroom breaks or being allowed to sit down or even lean on her table for support. She lasted nearly eleven hours before being ruled off topic on a technicality. A second female senator then stepped up and tried to continue the filibuster by asking for salient points to be repeated to her, as she missed part of the session that day to attend her father’s funeral.

But here’s where things get interesting. With fifteen minutes before the midnight deadline, the lieutenant governor ordered the senate to proceed, and actually had the democrats’ microphones cut off. The spectators in the assembly responded by cheering, chanting and generally causing a ruckus, in order to drown out attempts at a vote. The midnight deadline passed without a vote being taken, but the chair held a vote after midnight, as the spectators were forced out of the assembly. During all of this, there was no coverage on MSNBC, CNN or any other major news network, with the only coverage coming from a livestream set up by the Teas Tribune.

At 12:15, the Associated Press ran a story saying the bill had passed, which CBS picked up. This was based on a sole source, which the AP later admitted was a republican senator. Meanwhile in the chambers, the senators stood around, both sides confused if the vote had even happened, if they had even voted on the correct issue. The chair had left with the lieutenant governor without ending the session. The Tribune’s feed was cut at 12:20 with 70,000 people watching. CNN at this point was talking about the deliciousness of muffins.

Texas Senator Wendy Davis

Outside in the halls of the senate building, thousands of people were packed wall to wall, chanting “shame, shame”, while thousands more were outside.

State police had formed a barricade around the entrance hall, and were making sporadic arrests (50 or so by night’s end) and confiscating cameras.

In the thick of it was a guy named Christopher Dido, who used his cell phone and a live stream to report on what was happening. He was the only journalist in America who was filming at the senate, with as many as 30,000 people watching the stream at one time, and over 200,000 viewers by night’s end.

He did this while the state police surrounded the protesters in the building, some of them with nightsticks drawn. The police at this time refused to let through food or water that people tried to send in, instead eating and drinking it themselves. They also barricaded access to vending machines and water fountains within the building, and were said to have blocked off access to the washrooms for at least a period of time.

Meanwhile, journalists still inside the chambers tweeted out news updates, which were disseminated and retweeted by people like Matt Fraction, Felicia Day and Will Wheaton, reaching an audience that would otherwise have probably not seen or heard what happened next.

The senate was recalled 90 minutes after its midnight end point, to determine whether or not the vote was valid- behind closed doors with no microphones, and only the Senate’s own muted camera. Then something disturbing happened. The senate website carries the official record of the caucus. It listed the vote as happening past midnight, on June 26th. Until suddenly it didn’t.  The date was quietly manually changed to 6/25, the minutes altered to say the vote happened at 11:59, despite almost 200,000 people watching live who saw differently. Suddenly twitter and other social media sites blew up with before-and-after screen shots.

Inside the closed sessions, the democrats were made aware of the alterations and brought them up- without social media, almost no one would have known, and never in time. Ultimately, based on the fraudulent alterations, the GOP conceded defeat, admitting the vote had taken place at 12:03, and declaring the bill to be dead. When this happened, the AP and CBS said the vote was overturned, never admitting to shoddy journalism. CNN ignored the story until this morning, because muffins take priority.

Yesterday, I witnessed women’s rights under fire, a crippled legal system that didn’t represent its people, a corrupt government body attempting to commit a crime in front of hundreds of thousands of witnesses, and the complete failure of the main stream media. I also witnessed a woman performing a nearly superhuman act to do what was right, the power of the people making themselves heard both in person and online, and the extraordinary value of one young man with a cellphone making sure people saw and heard the truth about what was going on.

Anyone reading the papers or watching network news today won’t get the full story. Hopefully enough people saw it unfold live, that the lessons from last night won’t be forgotten.


“To make this clear, I was not in Texas yesterday, I’m on the far side of the continent. Wendy and her fellow senators made history yesterday. Christopher DiDo made history. The other protesters and supporters made history. I followed along from the comfort of my home.

“I wrote this because I wanted to get their message out to people who wouldn’t otherwise hear it. I didn’t want the truth of what happened to be list in a sea of more palatable lies and omissions. But I wasn’t a part of any of this. I did nothing but watch other people taking risks, speak to people who were making change, and type up a neat summary of history.”

Karsten School

This article was originally published on Facebook.


Image Credits
Karsten School Twitter Screen Capture used under Fair Dealing
Senator Wendy Davis by Equity Texas released under a Creative Commons Attribution-NonCommercial-NoDerivs 2.0 Generic (CC BY-NC-ND 2.0) License

Senator Wendy Davis vs. #SB5 by Karsten School is published under a
Creative Commons Attribution 3.0 Unported (CC BY 3.0) License.

Creative Commons  Attribution 3.0 Unported  License button

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ACTA remix: What is the Trans Pacific Partnership ?

Posted by Laurel L. Russwurm on August 23, 2012

ACTA logo

I’ve fought against ACTA for a long time in this very blog.

Often it seemed futile, as much as anything because no one outside a very small group of people even knew it was happening.

The secrecy was such that Canada’s elected representatives — our Members of Parliament — were not allowed to know anything about what was being negotiated. It was most certainly a very secret treaty. An indication of how abysmal ACTA was is that even under the threat of draconian penalties, the various drafts were too scary not to leak — all the way through the process.

In the Polish Parliament members of the libertarian ‘Ruch Palikota’ donning Guy Fawkes masks

With source material in hand, legal scholars like Michael Geist were able to study various ACTA drafts, and explain the legal language online so that people could understand the ramifications of this treaty that would change our lives. Concerned citizens formed organizations like the excellent La Quadrature du Net which served as a European clearing house for ACTA news. There was an Identica group where I learned about the latest ACTA news and I posted whatever I found there. Like many other ordinary people, I talked to people in my real life as well as sharing ACTA drafts and information on websites and blogs.

And so, over time, many of the worst bits were cut out of ACTA in the face of the negative opinion and outcry. Even so, after the last negotiation, there remained a few irreconcilable differences, and so it went unsigned.

Reasonable people might expect that to have been the end of it, but some months later, after what had to be a good deal of truly secret negotiations, some countries — including Canada — quietly signed the ACTA agreement. But it wasn’t over yet, it still required Europe.

Fortunately for the rest of the world, the European Union did not follow suit. Unlike North America — where most politicians had been kept entirely in the dark with the secrecy provisions in the heavy duty non-disclosure agreement — some EU politicans had been paying attention to ACTA, and enough awareness had been raised to generate an amazing outcry led by Poland.

“A demonstration was to be held there against a secret attempt to sign the ‘ACTA treaty’ by the Polish government, ostensibly to prevent piracy on the web, but in reality, to enable the introduction of the kind of censorship we had in the communist era, and now have in China, (the reading of private e-mails, the tracking of correspondence, the registration of visited web pages visited and network surveillance). Whilst these earlier forms of censorship were designed to perpetuate Communist ideology, those that ACTA would impose have been designed in the U.S. to allow the gradual takeover of states and governments by global corporations.”

— Paweł Łyszczyk, Szczecinian: Opinion: ‘Szczecin says ‘No’ to ACTA’

And amazingly, all the information sharing and Anti-Acta hullabaloo ultimately led the European Union to decline ACTA. Again, this should have been the end of the story, except that the special interests behind these oppressive laws are not about to give up so easily.

What makes the onslaught even worse is that many people are complacent, believing that ACTA—like the US SOPA— has been defeated.

But SOPA was remixed into CISPA and speedily passed into American law. And now, much of the ACTA language is coming back into the shape of other trade agreements, like CETA and the TPP.

The Ghost of ACTA?

Screen Shot : @laurelrusswurm  @majoleink Much ACTA language is being reused - parcelled out in other agreements... look at CETA, TPP

When I said that on Identi.ca the other day I was surprised to be challenged by a Twitter user called @ACTAwebcare:

@ACTAwebcare said:  @laurelrusswurm It's not true. Can you please remove this tweet?

Although I knew it was true, @ACTAwebcare may well have gone to Twitter with a complaint against me to get the Tweet removed. Since I always feel the best way to counter misinformation is with the truth, I responded with some back-up links, quoting reputable sources like:

TechDirt: Son Of ACTA (But Worse): Meet TPP, The Trans-Pacific Partnership Agreement

Michael Geist: U.S. Intellectual Property Demands for TPP Leak: Everything it Wanted in ACTA But Didn’t Get

But the best was this line by line comparison of ACTA and TPP language done by infojustice.org TPP vs. ACTA – Line by Line

Setting up a Twitter account in an attempt to rehabilitate ACTA (and spread misinformation about it) is quite telling. Although ACTA may be officially gone, it is anything but forgotten. And we need to understand and fight  the dangers of its new incarnations.

The EFF (Electronic Frontier Foundation) has created the following Infographic to explain just what is wrong with the TPP.  It’s from an American perspective, but the consequences will be just as dire for the rest of the world.   Canada is clamoring to jump on this bandwagon, so we Canadians can write letters to our MPs too.

EFF infographic

In conclusion, I’d like to leave you with Member of European Parliament Marietje Schaake’s final words on ACTA


What is the Trans Pacific Partnership Infographic by Electronic Frontier Foundation and Lumin Consulting released under a Creative Commons Attribution 3.0 United States (CC BY 3.0) license

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Overturn the CRTC Ruling

Posted by Laurel L. Russwurm on October 29, 2010

No Usage Based Billing

This ruling means that Canadian Internet rates will rise dramatically.

Funny thing is, since I’ve been with TekSavvy for a long time, the grandfather clause it may very well make UBB a non-issue for my family. At least at first.

Canadian Flag CC-BY lothlaurien.ca

Even so, Usage Based Billing will impact on all of Canada.

It doesn’t matter if you can afford it or not. It will affect Canada’s use of the Internet.

Usage Based Billing will change how Canadians use the Internet.

Canada is composed of a wildly dispersed and diverse group of citizens. Our country has maintained a mosaic culture in spite of the fact that our American Cousins opted for a melting pot approach.

Instead of one large shared American Dream, Canadians have as many dreams as we need. That may well be a big part of why Canadians have so enthusiastically embraced the Internet. The ease of Internet access has allowed Canadians to share, celebrate and embrace our differences. The past decade has brought us the beginnings of a golden age of Canadian culture undreamt of in the era when I grew up. Back in those dark days Canadians were searching in vain for the “Canadian Identity”. The fact that it no longer even comes up is a sign of cultural health. The Internet allows Canadian artists to distribute their work both at home and abroad with an ease never before possible. This is a priceless benefit to all Canadians, rich, poor, strong, weak, new immigrants, old immigrants, and first nations… we’re all in this together.

Right now, at this moment, Canada is uniquely placed to continue as we have been, leading the world in making use of the Internet to the great benefit of Canadian Culture and Economy.

This isn’t to say there aren’t problems. There are.

The backbone Internet carriers have chosen not to reinvest much if any in the infrastructure, so what was once cutting edge technology fifteen years ago is now 15 year old technology. Canadians are faced with mediocre Internet service. Our premium priced fastest speeds are laughable in most of the rest of the world. The prices Canadians pay for connectivity are cutting edge, but what we get in return is mediocre service.

And that’s BEFORE implementation of Usage Based Billing.

Usage Based Billing will make the price Canadians pay for Internet access unquestionably the highest in the world.

This is unacceptable.

The CRTC reports to Parliament through the Minister of Canadian Heritage.

Mandate

The CRTC’s mandate is to ensure that both the broadcasting and telecommunications systems serve the Canadian public. The CRTC uses the objectives in the Broadcasting Act and the Telecommunications Act to guide its policy decisions.

CRTC Role in Regulating Broadcasting and Telecommunications Systems

More than a year ago I wrote letters to the Prime Minister and The Honourables Moore and Clement. The eventual response I received from the PMO was:

“We have taken the liberty of forwarding a copy of your correspondence to the office of the Hon. Tony Clement, Minister of Industry. His office is in the best position to respond to the issues you have raised. ”

The response that took the PMO five months to craft:

The CRTC is supposed to regulate according to laws under the purview of Industry Canada, placing it back in Industry Minister Tony Clement’s hands. And we have seen Tony Clement show that bad CRTC decisions can be overturned by the Government, as he demonstrated when he had Cabinet overule the CRTC so WindMobile could set up shop in Canada.

The response I got from Tony Clement in respect of Usage Based Billing was quite promising:

Under the Telecommunications Act, Cabinet can decide to take action in response to a petition by varying (changing) the decision, referring it back to the CRTC for reconsideration or rescinding the decision. Cabinet can also decide not to intervene and let the CRTC decision remain in place. The government’s powers to intervene expire one year from the date of the decision in question. Given that the matter is still under consideration by Cabinet, it would not be appropriate for me to comment at this time.

—Tony Clement, email excerpt We Interrupt this Prorogue…. January 2010

@TonyClement_MP Tony Clement Thx for the input, but as there is a 90 day appeal period it would be inappropriate for me to comment further. Be well.

They can do it again.

Tell Tony Clement that UBB will be bad for Canada. Postal mail, phone, write, email, tweet… Mr. Clement can be reached in a variety of ways. Tell him what you think about UBB. Tell him this bad ruling needs to be overturned.

It seems many Canadians have been asking Tony Clement about this on Twitter today.

It sounds as though the Honourable Tony Clement was saying that the Indie ISPs have another 90 day appeal period, after which time Bell would have to give 90 day notice to customers. I’ll try to confirm that.

For more information on how and who to write to, this article has a guidelines, tips and addresses for wrote a whole lot of letter writing: Write Letters to Stop UBB The time to write is now.



 

If you haven’t already, sign the petition. There are only 11075 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

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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Celebrate Software Freedom Day

Posted by Laurel L. Russwurm on September 17, 2010

Saturday September 18th is

a graphic sun rises over a green hill

All around the world people will be celebrating Software Freedom Day on Saturday. The idea is of course to both celebrate and raise awareness of Free Open Source Software issues.

I believe the first software freeing license was the GNU General Public License

Free Software Foundation is probably the heart of the Free Software movement which is defined by Richard Stallman’s Four Freedoms.

Free Software Foundations line drawing of the GNU mascott/logo

Free software is a matter of the users’ freedom to run, copy, distribute, study, change and improve the software. More precisely, it means that the program’s users have the four essential freedoms:

  • The freedom to run the program, for any purpose (freedom 0).
  • The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this.
  • The freedom to redistribute copies so you can help your neighbor (freedom 2).
  • The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.

A program is free software if users have all of these freedoms. Thus, you should be free to redistribute copies, either with or without modifications, either gratis or charging a fee for distribution, to anyone anywhere. Being free to do these things means (among other things) that you do not have to ask or pay for permission to do so.

GNU: Richard Stallman’s The Free Software Definition

Saturday september 18 2010 softwarefreedomDOTorg Celebrate the day Software Freedom Day
These revolutionary concepts, like any good idea, have crossed over into other areas, such as copyright. As corporations work to lock creative works under increasingly restrictive copyright law, creators of art and music, like creators of software before them, have been offered the chance to achieve freedom from the chilling effects of the repressive copyright through Creative Commons licensing.

Creative Commons licensing is growing. There are branches around the world, like our Creative Commons Canada, which allow creators to license their creations in the way that they want in conjunction with their own country’s copyright law.

Tomorrow I’m hoping to attend the Software Freedom Celebration being put on by KWLUG and Kitchener-Waterloo Chapter of Ubuntu Canada and the the Working Centre being held in Kitchener’s Kwartzlab hackerspace.

Visit the Software Freedom Day website to find out what cool Software Freedom Celebration is happening in your neck of the woods.



Other Important free software links:
Tux the Penguin is the Linux Mascot

operating systems

We’ve all joked about how evil Windows is for years. And now Apple seems to be striving to be the Big Brother their ads used to decry. Is it any wonder that more and more people are switching to GNU-Linux operating systems?

I’m in the process of switching to Ubuntu, which is currently the most popular distribution. But there are scads of them out there. The ones I can name off the top of my head are Debian, KDE, Fedora, Linux Mint, Red Hat and Arch. Naturally Wikipedia can give you a more comprehensive list of GNU-Linux distributions. The safest bet is to select the distro that whoever gives you computer support knows best.

balloons

microblogging

Identi.ca is a free software microblogging service, based on the StatusNet software. It is possible to connect Identi.ca with the proprietary Twitter service and the data flows into Twitter, but, being proprietary, Twitter does not share well. (For this reason people like me who use both services tend to post from Identi.ca, simply broadcasting to Twitter. The problem for me has been that replies from Twitter don’t reach me, although switching from Windows into the Ubuntu free software operating system allows me to use Gwibber to connect the two services. Because the software is open, people can set up their own StatusNet servers to precisely serve their needs.

In a world of 140 character limites, URL shortening is important too. You can’t go wrong with ur1 generator. The cool thing is that even when your URL is shortened, hovering over it in Identi.ca allows you to see where the shortened URL will take you.

preservation, advocacy & reporting

TechRights is an excellent resource on breaking free software issues. Following Dr. Roy Schestowitz on Identi.ca or on Twitter keeps me up with the latest.

UK Tech Journalist Glyn Moody is one of my best resources for open tech issues. His blog Open … clarifies important issues like ACTA and the UK legislative fiasco known as the Digital Economy Act. I’ve learned about a few Canadian issues first from Glyn Moody, who I follow on Identi.ca and on Twitter

A few other groups advocating for Internet Freedom worth mentioning are:

And since special interest groups are trying to use copyright law to suppress Internet freedom, these are some excellent Canadian copyright resources as well:
NO Canadian DMCA

Anyway, that should do for starters. 😀

Happy Software Freedom Day!



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UBB vs. Small Business

Posted by Laurel L. Russwurm on June 8, 2010

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

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

Red Maple Leaf graphic

New Business

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

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

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

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

Red Maple Leaf graphic

Old Business

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

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

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

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

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

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

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

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

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

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

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

Red Maple Leaf graphic

Computer Business

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

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

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

The Starry Night by Vincent Van Gogh

Red Maple Leaf graphic

Cultural Business

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

“Why music?” “Why breathing?”

Allison Crowe website

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

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

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

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

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

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

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

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

canadian paper money - photo by laurelrusswurm

Coming and Going

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

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

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

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

What does that mean exactly?

Canadian paper money, photo by laurelrusswurm

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

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

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

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

The Flip Side

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

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

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

The first time we met Cody.

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

Bell Canada’s Bandwidth Estimator?

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

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

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

Or pay for it?

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

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

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

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

All photos are not created equal.

Cody in a Field original size 141KB

#2 Cody in a Field original size 141KB

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

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

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

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

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

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

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

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

The largest of my images is Cody at Soccer.

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

Cody at the Beach original size 1918KB

#3 Cody at the Beach original size 1918KB

What is Bandwidth?

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

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

Usage Based Billing: A Glossary

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

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

Cody at Soccer Original size 4241KB

#4. Cody at Soccer Original size 4241KB

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

That’s quite a size range.

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

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

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

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

Red Maple Leaf graphic

Cut to the Chase

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

This will be bad for all Canadian business.

Bell Canada Logo

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

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

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

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



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

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

That’s easy: anyone who uses the Internet.

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

http://dissolvethecrtc.ca/

STOP Usage Based Billing

STOP Usage Based Billing



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#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 »

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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