Ralph Nader on our Corporatist state

On December 28, 2006, one week before Nancy Pelosi duties began as Speaker of the US House of Representatives, Ralph Nader addressed an audience at the Roxie Theatre in San Francisco’s Mission District on what’s wrong with the country, focusing chiefly on civic apathy and corporate power.

He points out the position of power Pelosi holds, saying that many progressive Democrats in Congress are waiting for Pelosi to show some progressive leadership. He also takes voters to task for “rationalizing their own futility” and instructed them to organize to overcome corporate power. The recording wraps up with his advocacy for a Constitutional amendment to subordinate corporations to people.

The talk was broadcast on Time of Useful Consciousness Radio. Thanks to TUC Radio for their recording.

Chris Hedges on Ralph Nader

Chris Hedges, author of “American Fascists: The Christian Right and the War on America” has written an essay on Ralph Nader, subject of the new documentary “An Unreasonable Man”. He addresses the 2000 election for which some still blame Nader for somehow “spoiling” and causing Bush to become president:

There is a fascinating rage””and rage is the right word””expressed by many on the left in this fine film about Nader. Todd Gitlin, Eric Alterman and Michael Moore, along with a host of former Nader’s Raiders, spit out venomous insults toward Nader, a man they profess to have once admired, the most common charge being that Nader is a victim of his oversized ego.

This anger is the anger of the betrayed. But they were not betrayed by Nader. They betrayed themselves. They allowed themselves to buy into the facile argument of “the least worse” and ignore the deeper, subterranean assault on our democracy that Nader has always addressed.

It was an incompetent, corporatized Democratic Party, along with the orchestrated fraud by the Republican Party, that threw the 2000 election to Bush, not Ralph Nader. Nader received only 2.7 percent of the vote in 2000 and got less than one-half of 1 percent in 2004. All of the third-party candidates who ran in 2000 in Florida””there were about half a dozen of them””got more votes than the 537-vote difference between Bush and Gore. Why not go after the other third-party candidates? And what about the 10 million Democrats who voted in 2000 for Bush? What about Gore, whose campaign was so timid and empty””he never mentioned global warming””that he could not carry his home state of Tennessee? And what about the 2004 cartoon-like candidate, John Kerry, who got up like a Boy Scout and told us he was reporting for duty and would bring us “victory” in Iraq?

Interesting to hear what people have to say about it now that that race is behind us and the emotions can somewhat more easily be put aside. Interesting also how people who see nothing to like in the media-favorite Democrats (the ones selected for us to pay attention to) can more calmly assess the candidacy of any third party or independent candidate.

But I remain wary of the fickle “Left”: I see no end to the self-defeating argument of a “viable” candidate; I remember them championing a corporate Democrat just three years ago; I wonder why the big marches against the war aren’t scheduled to conflict with campaigning; I miss the strident demand for all representatives to do everything in their power to end the war in Iraq, bring the troops and corporations home, and discontinue US incursions into Iran (which, Seymour Hirsch says have already begun).

You can hear Hedges’ argument about the Christian right””what Hedges calls “the most dangerous mass movement in American history”””and its links to corporate America in his recent interview on Democracy Now! (audio, video, transcript). Also there you can see a recent interview with Ralph Nader and Henriette Mantel, one of the two filmmakers behind “An Unreasonable Man” (audio, video, transcript).

The Free Software Foundation calls for hardware vendor help

Two FSFFSF logo sysadmins, Justin Baugh and Ward Vandewege, have written a straightforward list of points on “How hardware vendors can help the free software community” (text file, PDF, LaTeX).

It’s short and very easy to read; each entry in the list has three sections:

  • A description of the issue,
  • how hardware vendors can help,
  • and how will this improve the situation for the vendor?

Copies of the paper are licensed to us under a simple verbatim copying and distribution license: Verbatim copying and distribution of this entire article are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Slide, glide, slippety-slide; when your rights are at stake, you’ve got to fight.

TheCopyright silences analysis and dissent Electronic Frontier Foundation is representing Kyle Machulis who is being sued by Richard Silver. The EFF explains:

EFF’s client, Kyle Machulis, shot [a] video at a concert last month. In one ten-second segment, a group of fans in the audience attempts to dance part of the Electric Slide. Machulis later uploaded the video to YouTube. Within just a few days, Richard Silver, owner of www.the-electricslidedance.com, filed a takedown demand under the Digital Millennium Copyright Act (DMCA). Silver claimed he owned the copyright to the Electric Slide and that Machulis’ video infringed his rights. The removal appears to be part of a broad campaign by Silver to misuse copyright allegations to prevent dancers from performing the dance “incorrectly.”

The EFF will argue that even if Silver has a copyright on the dance (which is doubtful), Machulis’ video would constitute fair use, not infringement. Thus, Machulis is well within his right to make and distribute the work (even commercially). Whether the dance is being performed “incorrectly” simply doesn’t enter into the situation.

Come along and ride on a fantastic voyage to defending your fair use rights.

[Press release, complaint]

Update (2007-05-22): Richard Silver settled with Kyle Machulis out of court. Part of that settlement requires Silver to license the dance under a Creative Commons license which allows everyone to perform, display, reproduce or distribute any recorded performance of the dance in any medium for non-commercial purposes. Silver’s DMCA threat against Machulis is no longer valid.

Why are C-SPAN’s recordings copyrighted?

Carl Malamud wrote an interesting letter to C-SPAN’s Brian Lamb about use of C-SPAN congressional footage (local copy). Speaker of the House Nancy Pelosi posted a snippet of C-SPAN footage to her blog and C-SPAN cried copyright infringement. Sadly, Speaker Pelosi didn’t challenge this claim (even on fair use grounds, where she had a good case).

Lamb told the New York Times

What I think a lot of people don’t understand — C-Span is a business, just like CNN is. If we don’t have a revenue stream, we wouldn’t have six crews ready to cover Congressional hearings.

But the pertinent question is: should this footage be copyrightable in the first place? The question of who pays doesn’t address this more important issue and that question is fairly easily dispensed with: Americans cover C-SPAN’s expenses. American cable subscribers and taxpayers pay for C-SPAN, so when Americans use this footage as they wish, they’re using something they’re paying for. Furthermore, C-SPAN covers people in government talking in their official capacity and therefore, as Lawrence Lessig argued about the President on NBC’s “Meet the Press” in Wired magazine, the public interest value is so great nobody should be able to restrict anyone else from having or using the footage. Malamud would seem to concur, although his argument doesn’t focus on the legalities:

C-SPAN is a publicly-supported charity. Your only shareholders are the American public. Your donors received considerable tax relief in making donations to you. You and your staff were well paid for your excellent work. Congressional hearings are of strikingly important public value, and aggressive moves to prevent any fair use of the material is double-dipping on your part. For C-SPAN and for the American public record, the right thing to do is to release all of that material back into the public domain where it belongs.

BoingBoing.net has more commentary on this issue.

Give a corporation a commons, and watch the commons go away.

Michael Geist takes US copyright lobby to task

The BBC news website carries Michael Geist’s critique of American publisher’s copyright demands on the majority of the rest of the world.

There is a fair bit of propaganda language involved there:

which should prompt you to ask the timeless question “Who benefits?”. Hint: it’s not you. As the GNU Project points out, framing copyright issues with these terms means encouraging identification “with the owner and publisher who benefit from copyright, rather than with the users who are restricted by it”.

PDA board member Cindy Sheehan wants Bush impeached now

Cindy Sheehan, board member of the Progressive Democrats of AmericaCindy Sheehan, board member of the Progressive Democrats of America, a group which tries to bring progressives into the Democratic party fold, recently challenged Democrats to impeach the President (3m5s of audio; a transcript follows). Thanks to Fred Nguyen and WBAI for the audio. Today’s Democracy Now! mentioned Sheehan’s statement, but did not play the audio.

In case you don’t believe me that she’s a PDA board member, check out the head shot on this blog entry. That head shot comes from Sheehan’s entry on the PDA’s website. So as long as the picture works, she’s probably still on the board. Rep. John Conyers (D-MI) is also on the board there. If they have board meetings maybe Sheehan can convince Conyers to support impeachment now rather than another round of the Democrat delaying tactic (the same one used around election time by Democrats and their supporters which says progressives should delay their criticism until after the Democrats are elected into office. This ensures that criticism does little good).

One wonders what’s more effective at getting results progressives say they want: serving on the board of the PDA (and the commensurate connections to people in power), or speaking truth to power openly in public and on the record?

Here’s a transcript of the audio:
Continue reading

What is Free Software? Why does Free Software matter?

Richard Stallman discussed Free Software and the future of Free Software in Zagreb on March 9, 2006. The GNU logoFree Software is software that respects a user’s freedom to run, inspect, share, and modify the software for any purpose at any time. Non-free software, by contrast, denies users these freedoms. Even if you’re not a programmer (as most computer users aren’t) you can indirectly benefit from the freedom to modify computer software.

Ciarán O’Riordan has prepared a transcript of this talk, and the one year anniversary of this talk is coming up so I thought carrying the talk here would be a good thing to do.

The transcript came with this license, and typically Stallman’s recordings do as well: Verbatim copying and distribution of this entire article is permitted in any medium, provided this notice is preserved.

There are many topics in the talk that often come up during discussions of Free Software. One of the most common issues concerns distinguishing between Free Software and “freedom of choice”:

It’s a mistake to equate freedom to “the freedom of choice”. Freedom is something much bigger than having a choice between a few specific options. Freedom means having control of your own life. When people try to analyse freedom by reducing it to the freedom of choice, they’ve already thrown away nearly all of it and what’s left is such a small fraction of real freedom, that they can easily prove it doesn’t really matter very much. So that term is very often the first step in the fallacious argument that freedom is not important.

To be able to choose between proprietary software packages is to be able to choose your master. Freedom means not having a master.

Richard Stallman

Will ISPs grease the skids for RIAA litigation against their customers?

The RIAA wants to avoid court and get the accused to agree to settlements. To that end, the RIAA has sent a letter to ISPs asking for information and offering a possible discount (“opportunity for an early decreased settlement amount”) to would-be defendants (“targeted users”).

In a letter (which has the recipient information blacked out) the RIAA says that if ISPs hand over at least 180 days of logs, customer names and addresses, and pass along a fill-in-the-blank RIAA letter directly to the customer accused of copyright infringement, the accused may receive a $1,000 or more discount off a pre-litigation settlement price. Ray Beckerman hasn’t had time to examine the letter in detail, but offers this short list of some of the letter’s claims:

  • creation of a new “Pre-Doe settlement option”;
  • it will only make the “Pre-Doe settlement option” available to customers of ISP’s who agree to preserve their logs for 180 days;
  • the “Pre-Doe” option will supposedly allow settlement at a reduced amount, with a discount of $1000 or more, if they settle before a John Doe lawsuit is brought;
  • the RIAA will be launching a web site for “early settlements”, www.p2plawsuits.com;
  • the letter asks the ISP’s to notify the RIAA if they have previously “misidentified a subscriber account in response to a subpoena” or became aware of “technical information… that causes you to question the information that you provided in response to our clients’ subpoena”;
  • it requires ISP’s to notify the RIAA “as early as possible” as to whether they will enter the 180 day/”pre-Doe” plan;
  • it mentioned that there has been confusion over how ISP’s should respond to the RIAA’s subpoenas;
  • it noted that ISP’s have identified “John Does” who were not even subscribers of the ISP at the time of the infringement; and
  • it requested that ISP’s furnish their underlying log files as well as just the names and addresses.

BoingBoing.net asks:

At what point do we just abandon any pretense of making peace with these gangsters? When will it be time to declare war on them, to engage in file-sharing not because we love music, but because we hate the record companies?

EFF wins against Eli Lilly’s attempt to stop publication of leaked documents.

Congratulations to the Electronic Frontier Foundation which just won an important judgement against drug giant Eli Lilly. Eli Lilly Zyprexa Whistleblowertried to stop a number of websites from publishing leaked documents about Zyprexa, Eli Lilly’s top-selling drug. The judgement is available and the zyprexa.pbwiki.com wiki which challenges Eli Lilly is still online.

From EFF’s press release on their victory:

The Zyprexa documents were leaked from an ongoing product liability lawsuit against Eli Lilly. The internal documents allegedly show that Eli Lilly intentionally downplayed the drug’s side effects, including weight gain, high blood sugar, and diabetes, and marketed the drug for “off-label” uses not approved by the Food and Drug Administration (FDA). The documents were the basis for a front-page story in the New York Times in December of last year, and electronic copies are readily available from a variety of Internet sources. EFF’s client posted links to one set of copies on a wiki devoted to the controversy that were part of extensive, in-depth analysis from a number of citizen journalists.

More on Zyprexa case from the EFF.