It’s getting harder to defend war criminals and their intellectual bodyguards

John Stauber lays out the argument against the Democrat’s support for the bipartisan war in Iraq and Stauber doesn’t leave out their water carriers (such as MoveOn.org).

Very few Democrats are talking about impeachment and war crimes trials. Yesterday, Rep. Kucinich (D-OH) spoke on Democracy Now! on this topic (video, audio, transcript). One can only hope that memories of the war will last beyond the end of Pres. George W. Bush’s second term so that he can be brought to justice. As I’ve noted on this blog before, Americans seem to have trouble finding the time to hold high officials accountable for their crimes after they leave office, as though the resulting deaths somehow become irrelevant.

May 25, 2007: Day of action against Gonzales and DRM

DefectiveByDesign.org is mounting a day of action against Attorney General Alberto Gonzales and digital restrictions management (“DRM” framed from the point of the user) when Disney releases their new movie:

On Monday, Gonzales called on Congress to enact a sweeping new bill entitled the “Intellectual Property Protection Act of 2007” (IPPA) that would amongst other things:

  • Increase penalties for circumventing a DRM scheme
  • Criminalize “attempting” to infringe copyright
  • Permit more wiretaps for investigating copyright violations
  • Add penalties for “intended” copyright crimes

This proposed legislation is a result of Hollywood’s lobbying, serving their special interests at the expense of the public good. As we have seen, thanks to the recent events like the Digg revolt, the public have turned against DRM. The illegal hex code that can be used to remove the DRM from HD-DVD can now be found on over a million web pages.

This is Hollywood’s attempt to scare us all into accepting DRM. Now is the time to take action!

On Friday May 25th, around the world, Disney will release “Pirates of the Caribbean – At World’s End”, a movie about a diverse community coming together to fight the far reaching and oppressive East India Trading Company to preserve their freedom loving lifestyle (sound kind of familiar?)

If you’d like to get a yellow hazard suit to protest at your local theater, Defective by Design can help.

British Citizens: Tell MPs to not extend copyright term in UK

Seventy MPs have now signed an Early Day Motion calling for retrospective extension to the term of copyright. Despite much evidence to the contrary and a study which concludes that “The European Commission should retain the length of protection on sound recordings and performers’ rights at 50 years.” and the ruckus raised the last time the term of copyright was at issue (remember the Sonny Bono Copyright Term Extension Act in the US and the related US Supreme Court case Eldred v Ashcroft?), it looks like copyright term extension is going again.

Longer terms of copyright around the world are used as excuses for American copyright extensions—harmonization is the word used for this scam. It’s a scam in two respects: it’s never “harmonized” to exactly the same length and copyright term is always “harmonized” upwardly. So Americans have even more reason to help keep their friends and family from a worse copyright regime.

The Open Rights Group has more details including the 70 MPs that signed on to support copyright term extension and a pointer to a great talk and panel discussion on the topic (local copies of the Jonathan Zittrain talk and the debate that followed). I particularly enjoyed the analysis in the discussion period. I’ll see about converting the video to Ogg Vorbis+Theora.

DNC PR head is an RIAA shill

Let Boing Boing take you through a few choice quotes from Jenni Engebretsen, the RIAA’s Director of Communications who is now the head of public relations for the Democratic National Convention. Also, Boing Boing has more on the shill’s avoidance of difficult issues including:

The liberal blogosophere is united on many fronts — not just disliking US foreign policy. We also hate the RIAA — for suing our friends, for lobbying for laws that suspend due process rights of the accused (the RIAA’s favorite law, the DMCA, was used by Diebold to suppress information about failures in its voting machines), and for demanding the right to “pretext” (commit wire fraud) in order to catch “pirates.”

Worse still, the RIAA are part of the initiative to corrupt net neutrality, imposing centralized controls on the transmission of information across the network.

However I should add that I don’t agree with “liberals” on some issues, their love for proprietary software for instance.

More corporations instead of fewer?

In its latest letter, FreePress.net tells us

The controversy over Don Imus’ racist remarks goes far beyond one bigoted commentator. But getting rid of Imus won’t fix the media problem.

Most of our TV and radio stations are owned by giant corporate conglomerates. They don’t represent the views of most Americans — and they make huge profits off the public airwaves.

What we need are more diverse, independent and local media owners. Yet right now less than 10% of TV and radio stations are owned by people of color or women.

But instead of addressing this national disgrace, the Federal Communications Commission is actually trying to let the largest companies buy up even more stations!

What if more media corporations owned more radio stations and what if those media corporations were owned by people of color or women? Wouldn’t those corporations seek a profit even at the expense of the public good?

Additional corporate ownership of media won’t properly address the latest diversion from the continuing occupation of Iraq, lack of universal single-payer health care, non-living wage paying jobs, environmental exploitation, and other life-or-death social maladies. If the independence FreePress.net speaks of would include individuals sharing media bandwidth like we share the Internet now, that would be more interesting to me. But in order to get that we’d have to do away with the idea that spectrum should be auctioned off as a marketable commodity because that ensures it would go to the richest person or organization and we’re right back to locking up spectrum in the metaphorical hands of the megacorporations.

Additional ownership of media won’t necessarily give us more ownership by people of color or women. Nor am I convinced that changing the people at the top is going to effect change for the user. FreePress.net disagrees, they would have us believe that Don Imus’ latest kerfuffle should be resolved by shuffling the deck chairs of management:

The best way to stop this race to the bottom is to change who’s sitting at the top — and making the decisions about who’s behind the mic.

The Corporation shows us that the problems of corporate power are structural not personal; very nice people can become CEOs of corporations with sexist, anti-environmental, racist, and homophobic policies that have made their shareholders rich in the past. An organization built to pursue shareholder wealth above all else gives heads of corporations the power to behave in ways they wouldn’t otherwise behave. For more on this, listen to this extract of Mark Achbar’s commentary track from the excellent movie “The Corporation” (Ogg Vorbis, FLAC, Speex). In the background you can hear the soundtrack of the movie “The Corporation” including Noam Chomsky discussing this point.

What does your town and University say about protests?

Students at the University of Southern California are protesting sweatshop-made school merchandise. Boing Boing has a good take on this:

The students from SCALE — the anti-sweatshop group — tell me that the last time they protested, they were thrown out of the “free speech zone” by a security guard who told them they had “too many people for the free speech zone.”

It’s shameful for the university to buy sweatshop goods, and doubly shameful for the administration to betray the principles of free speech and free inquiry that are supposed to be uppermost in the academy. What a crummy civics lesson to impart to our students: “get in the box and shut up.”

Or, the box exists so that the University can tell people what they’re allowed to say by disallowing free speech outside the box and regulating who can enter the box.

Both major corporate-funded political parties had “free speech zones” at their national conventions.

Related links:

DRM is merely a foot in the door

I’m not convinced that any of the large publishers want to stop unauthorized copying, really. I think digital restrictions management (a far more honest expansion for DRM as it focuses on the effect for the largest group of people–the users) is merely the latest means to an end: getting more power and money from those who believe large publishers want to stop unauthorized copying.

Consider this from the venture capitalist’s perspective: if any of them are foolish enough to believe that DRM could work (if only it were implemented in the correct way), foolish enough to believe that a computer can discern intent (and thus distinguish between a copy made for an approved purpose versus a copy made for any other purpose), there’s a business willing to take that money and build a shoddy DRM system.

Congress has been quite willing to give copyright holders more power on the logic that they must do something to stop unauthorized copying; even at the expense of free speech, interoperation, and competition (see the Digital Millennium Copyright Act).

The large publishers are doing the majority of the talking when it comes to lobbying Congress for increased monopoly power.  Even if you’re a copyright holder sympathetic to the concerns about unauthorized copying, should you let them speak for you?

Who benefits from your support for “online music”?

FreePress.net claims that “[o]nline music is in danger”:

Online music is in danger. A recent ruling by an obscure regulatory board threatens to put independent and public radio on the Internet out of business.

The “Copyright Royalty Board” is dramatically increasing the royalties “webcasters” must pay every time they stream a song online. Public Internet radio like NPR is especially at risk.

The rules could shut down nonprofit and smaller commercial Internet radio outlets and force larger webcasters to play the same cookie-cutter music as Clear Channel. So much for new online alternatives.

No, online music is not in danger. FreePress.net is talking about music from members of the Recording Industry Association of America (RIAA), a lobbyist organization for corporate record labels. It might become more difficult to webcast tracks published by RIAA members due to a new fee schedule. But there are plenty of artists licensing their music to share. It’s time to work with those artists and send a clear message to the major label artists that they need us more than we need them.

More importantly there’s the question of (even indirectly) doing business with the RIAA””why lobby to play those tracks when the RIAA treats the public so badly? Answering this question can easily bring one to conclude that it’s not ethically justifiable to do business with the RIAA.

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Why is the University of Illinois stumping for the RIAA’s interests?

Nate first pointed me to the latest University of Illinois at Urbana-Champaign mass mailing. Since then, the letter has been posted online in a publicly-accessible fashion. In case you wondered why doing business with the RIAA is troublesome, check out what their supporters in the University of Illinois have sent to everyone in the University:

The University does not condone the use of peer-to-peer software for illegal file sharing. Those who engage in it violate U.S. Copyright laws as well as the campus’s own policies, including the Student Code and Policy on the Appropriate Use of the Computer Network. Additionally the University bears significant costs associated with responding to DMCA violation notices and the network capacity absorbed by file sharing reduces its availability for general research, teaching, and administrative purposes.

Since copyright infringement is civilly and criminally punishable, there’s no need for University policy to say anything about it. Such duplication raises the possibility that the University policy will inaccurately capture the complexities of copyright law and be more restrictive than copyright law is. Responding to DMCA notices properly is part of the cost of doing anything online; the only way to avoid it would be to take down one’s Internet connection. This obviously poses far more practical problems then can be accounted for by avoiding DMCA violation notices. Invalid DMCA violation notices are out there (Uri Geller, Michael Crook, NFL, Viacom with help from Google, just to name a few) and not something one can pin on “use of peer-to-peer software for illegal file sharing”. The language above suggests that file sharing is not a proper part of “general research, teaching, and administrative purposes” when just the opposite is true.

Often the software used for the purposes of illegal file sharing comes bundled with ‘spyware’ and other software that maliciously captures personal information that contributes to identity theft. You can learn more about protecting yourself from identity theft by reviewing the information at http://www.cites.uiuc.edu/security/index.html. Further, some file sharing programs, even when used for legitimate purposes, will use your computer to transfer illegally obtained material between other users. I strongly encourage you to remove software used for file sharing as well as to immediately remove any illegally obtained material such as music or movies.

BitTorrent software is the most popular peer-to-peer file sharing software: “BitTorrent accounts for an astounding 35 percent of all the traffic on the Internet — more than all other peer-to-peer programs combined — and dwarfs mainstream traffic like Web pages.“. Most BitTorrent software in use (such as the official client and Azureus) qualifies as free software””software users are free to run, share, and modify at any time for any reason. Free software, unlike proprietary software, grants everyone the freedom to inspect, improve, and share the software. Thus, free software BitTorrent programs are far less likely to include spyware and other malicious code; the community inspects free software and removes the objectionable parts. If you don’t believe they’ll do this, as would be wise, you can inspect and modify the program before you run it (or hire someone to do this for you). Compare that to a proprietary program: No matter how you get proprietary software you set yourself up for all sorts of malevolent programs. The RIAA (and now UIUC) would love for you to believe there’s a link between malevolent software and file sharing programs so that you don’t use a popular means of sharing tracks whose copyrights are held by RIAA members. It’s silly to draw a distinction between what are commonly called peer-to-peer programs (like BitTorrent) and other means of sharing files (like UIUC’s own “NetFiles” service, FTP programs, etc.) on the basis of computer safety. In order to truly understand the proper parameters of this issue, you have to understand software freedom. UIUC should teach students about software freedom for its own sake, not threatening them at the behest of the recording industry.

Calling for UIUC network users to stop using and remove file sharing software is preposterous, reveals who UIUC really works for on this issue, and poses bad consequences for the user. File sharing software is necessary for modern computer use; you would complain if your OS came with no ability to share files between computers. Many free software operating systems are distributed via BitTorrent because BitTorrent allows the community to take on some of the load in distributing data. Discouraging use of file sharing software makes it unnecessarily harder for students to install a free software operating system and enjoy software that respects their freedom.

With the announcement by RIAA, MPAA, and others of the intent to target college students with law suits, it should be noted that many of the students sued have settled out of court for amounts on the order of $4- 5000.

How many of those settlements happened because the students were too poor and scared to defend their case? Will the University legal facilities available to students help them if they are accused of copyright infringement by the RIAA?

SEIU/UNLV health care forum notes

Some notes on what I saw during the recent SEIU health care forum held at UNLV which was rebroadcast on C-SPAN:

  • The host claimed that Sen. John Edwards‘ health care plan is the only one that features details on how it will be paid for. This is not true. HR 676 has been around for a few years and has plans to raise taxes and cut the military budget to pay for universal health care. She also repeatedly complimented Edwards on how he said he would raise taxes to help pay for his health care plan.
  • Senators Barack Obama and Hillary Clinton‘s health care plan details are non-existent (Obama promises something in the next couple months). They also don’t define universal health care in terms of the government providing health care for all Americans; both Senators keep the HMOs intact by offering something that merely adds another choice alongside extant private coverage plans (Obama made reference to extant insurers not getting all the upfront money the government would likely put into a national health care plan, Clinton wants to force insurance companies to insure everyone with no exclusions for pre-existing conditions). Clinton wants employer-based health care as well—she wants employers to provide insurance to the workers or pay into a pool which will help pay for insurance. Either Senator could end up simply requiring Americans to acquire health care for themselves like how Illinois drivers must get car insurance in order to legally drive their car. This is not at all what Americans think of when they think of universal health care. It was good to see a tough question for Obama coming from an audience member; her question highlighted how little Obama had to offer a health care forum. I see I’m not the first to understand that their appearances benefited the event more than it benefited the public. The corporate media has already narrowed the race to these two candidates and their appearances gave this event a better chance of being covered in mainstream media.
  • Sen. Chris Dodd spent his time talking about things other than the particulars his health care plan. Accordingly, there’s not much to say about his plan because judging by what he brought to this forum, it doesn’t seem to exist. He wants Americans to have a health care program as good as the one he has, but disturbingly he didn’t say he’d extend the extant Congressional plan to all Americans. When asked by an audience member, Gov. Bill Richardson said he’d extend the Congressional plan he enjoys.
  • Rep. Dennis Kucinich‘s plan will make it illegal to compete with the national plan. H.R. 676 is a single-payer system you can find online. A related story from the Corporate Crime Reporter addresses why a mix of public/private health care won’t work. I said it years ago when the bill was first introduced and it’s still true today: H.R. 676 continues to be the plan to beat.
  • Sen. Mike Gravel said “employer-based plans are a non-starter” and criticized all the Democrats except Kucinich for not challenging the status quo. He endorsed a single-payer voucher plan. Vouchers are annually issued to Americans and the user pays a co-pay and a deductible. If you want more than what your voucher covers, you pay for it. You’ll have a choice of doctors, hospitals, and 5 or 6 insurance plans in the voucher system. You “might see a public plan if we don’t see the medical and pharmaceutical plans shaping up”. The size of the voucher will be the cost of your medical bill in the previous year. There are no pre-existing condition exclusions. Preventative care will come from the bully pulpit of the President somehow. He wants to phase out Medicare/Medicaid over time. Funding for his plan was unstated; he started to mention it but then didn’t.
  • Public and private health care plans covering the same thing means the rich healthy people will buy the health insurance they like and the poor will get the government plan which will suffer a “death spiral” according to Kucinich.
  • Health care tied to employers means you lose your health care when you lose your job. Some jobs won’t come with health care at all and the government will not be incentivized to help those with multiple part-time jobs.

Overall, given how many of the Democrats simply brought nothing to discuss, it was a very cynical event. Obama, Clinton, and Dodd treated the audience badly by not having a detailed plan to go over. Edwards’ and Gravel’s plans keep private insurance intact and for that reason alone neither plan will serve the public well. Kucinich brought something specific to look at and direct your representatives to endorse. On the merits of the issue, he took the event.