Stand up against bullies: Stop doing business with the RIAA

The Recording Industry Association of America (RIAA) is a proxy for its members—mostly corporate record labels. The RIAA has launched more lawsuits against everyday people than I can count. They aim their lawsuits at people like your neighbor and your neighbor’s children. The defendant is encouraged to settle out of court and pay the RIAA well before any investigation occurs, so the RIAA hasn’t actually done their homework by the time your neighbors get sued. Who are these defendants? Ray Beckerman explains:

As to the defendants, since no investigation is made to ascertain that the defendant is actually someone who engaged in peer to peer file sharing of copyrighted music without authorization, there are many defendants who have no idea why they are being sued and who did nothing even arguably violative of anyone’s copyright. Defendants have included people who have never even used a computer, and many people who although they have used a computer, have never engaged in any peer to peer file sharing.

Sometimes the cases are misleadingly referred to as cases against ‘downloaders’; in fact the RIAA knows nothing of any downloading when it commences suit, and in many instances no downloading ever took place.

It is more accurate to refer to the cases as cases against persons who paid for internet access which the RIAA has reason to believe was used by some person — possibly the defendant, possibly someone else — to engage in peer to peer file sharing.

Beckerman would know because he and his partner Ty Rogers defend people against the RIAA. They also blog about their work. Beckerman also posts to Slashdot from time to time.

In a recent Slashdot thread discussing a defendant’s lawyer who stood up to the RIAA, Beckerman has some choice words about the RIAA:

The RIAA is absolutely a schoolyard bully.

I disagree with your outlook.

Here is mine.

Rule Number 1: All bullies are also cowards.

Rule Number 2: The only way to stop bullies is to beat them.

Rule Number 3: When you draw blood they run away because of Rule Number 1.

It’s time to stop doing business with the RIAA.

Why would you give them your vote or your time?

On Sunday, 25 March 2007, actor Sean Penn said

Let’s unite not only in stopping this war, but in holding this administration accountable.

Stopping the war

Before the invasion and occupation of Iraq, there was a very well-organized and well-publicized march across many countries. Of course, the mainstream media did their best to misrepresent the protesters, but the protesters’ message was clear: Don’t invade Iraq.

In 2004, Sen. John Kerry (D-MA) campaigned for president and argued that he would manage the Iraq occupation better than Pres. George W. Bush. The American anti-war movement stopped their campaigning and supported his pro-war candidacy while simultaneously discouraging third party and independent anti-war voices from participating in the presidential race.

In 2006 the US grew more displeased with the ongoing occupation. In the mid-term elections, Americans shuffled the deck chairs of the Titanic by putting Democrats in power in both houses of Congress. In mid-May 2006 House Speaker Nancy Pelosi’s spokesman Brendan Daly said that impeachment would be “off the table” for Pelosi. Why? Pelosi told the Washington Post “You never know where it leads to.”.

The Democrats’ first order of Congressional business included a few non-binding time-wasters which left the occupation intact: the US is still in Iraq with no signs of leaving any time soon.

In March 2007 the Democrats voted to give Bush $124 billion to continue the war (more than he asked for) and a timetable to end the war that is so far off in the future the timetable can easily be redrafted or canceled.

Holding this administration accountable

By late March 2007 no serious organized opposition to Pres. Bush has mounted. At the rate the Democrats get around to putting up a real challenge to Bush, Bush won’t have much of his term left. Impeachment is a first step; consider this excerpt from Democracy Now! on Monday, February 23rd, 2004 (audio, video, transcript)

Amy Goodman: We interviewed Dennis Kucinich. He said that he thought this would be the stupidest thing to try to impeach him because after all it’s a Republican Congress, they wouldn’t do it, and it would gain sympathy for Bush that the highest — the way to — in a sense to impeach him is to vote him out of office for the people to impeach him.

Ralph Nader: Well, impeachment is not conviction. Impeachment basically is a very fair public hearing in the House of Representatives to determine whether he should be charged with high crimes and misdemeanor, and if he is, it goes over to the Senate for a trial. But I think that our founding fathers put this in the Constitution to hold presidents accountable between elections, and it certainly would highlight the issue, and isn’t this the president who campaigned in 2000 on responsibility and accountability, and that actions should have consequences? So, I favor the use of the impeachment powers.

It’s unlikely that Pres. Bush will face a war crimes trial after he leaves office. I don’t recall anyone caring about, say, Bill Clinton bombing the Al-Shifa pharmaceutical factory in Khartoum, Sudan after his second term expired.

So how long will it take to get most people to see that neither major corporate American political party wants to end the occupation of Iraq? There are objectors in both of these parties, to be sure, but not enough to make a difference.

For example, Democratic Party anti-war Rep. Dennis Kucinich is virtually alone in asking if it’s time to impeach (local copy).

More on recent developments:

How’s your McJob treating you?

McDonalds wants “McJob” taken out of the Oxford English Dictionary.

Boing Boing’s rebuttal is worth reading, not just for reasserting the point about McJobs—”an unstimulating, low-paid job with few prospects, esp. one created by the expansion of the service sector”—but why you shouldn’t fear trademark law stopping you from using “McJob”.

A mild example of one way you can help curtail corporate power; as we’re reminded in the movie The Corporation, you can still get to them.

Who benefits when challengers give into the establishment?

Gervase Markham’s blog has a post about OpenOffice.org and OpenDocument format which I found interesting.

A few of the respondants make points I tried to rebut, but my response (below) doesn’t appear in the list of followups there.

“My least favourite feature is that you can’t open a word document without it bugging you to save it when you close it, even when you never made any edits!”

I can’t reproduce this. I had a friend of mine with access to Microsoft Word 2003 make me a .doc file. I opened it in OpenOffice.org (OOo) 2.1 and then I closed that document; I made no edits. OOo didn’t prompt me at all, it just closed.

“Also, every time you try to save a file in word format it bugs you that your ‘losing some formatting’… why don’t they just give it up and make .doc the default format?? (Okay maybe thats taking it a bit too far)”

I wouldn’t want to use the latest .doc format (there are more than one of them and not even Microsoft’s software does the right thing with all of them) instead of ODF. I can edit ODF outside of an ODF program (such as a text editor) and that’s a big benefit to me because OOo’s find/replace needs some enhancement (finding paragraph breaks within a specific style and replacing them with line breaks, for example). I recently had to do this for a large ODF document. Large documents in Microsoft Word don’t work well. For whatever reason, Microsoft Word exhibits odd behavior in large documents.

But if you want to use .doc all the time by default, and if you don’t want to be warned, OOo has two preferences you can set to make this so. See Tools -> Options… and then go to the Load/Save section and pick “General”. There you can turn off the warning about not using OpenDocument format (ODF) and you can set the file type you want as the default for various document types. I think it would be going too far to make these settings the default, as well as being remarkably one-sided: nobody says Microsoft Word should make ODF the default filetype, even though ODF predated Office Open XML (OOXML) by months (or was it years?) and is more accessible for both implementors and users. It simply isn’t wise to let corporate fealty or wishful popularity push us into a non-standard that hasn’t stood the test of time (let alone cleared the hurdles of those who have read some of the OOXML spec).

“Is that “there is” or “there was”? People are already moving to the new MS Word […]”

Most people I know are not using the new Microsoft Office (nor are they using Microsoft Windows Vista). But more importantly, asking if “‘there is’ or ‘there was'” puts aside recent history. Microsoft Word .doc formats predate OOo by many years and OOo still manages to get a wide audience. So even if OOXML support doesn’t appear in OOo or some other free software programs for a while, there remains a big opportunity for free software. We know we can get people to switch; it’s not easy, but it can be done. And we have a format that is more widely deployable—ODF, so that’s one thing we can currently help propagate by use.

Footnote: By “wishful popularity” I mean the popularity others say will be the case someday but hasn’t been the case up to now and isn’t the case now. Since OOXML isn’t popular now, now is a good time to work for increased use of ODF instead. Considering this more now, it’s clearer to me that the best reason to avoid .doc isn’t properly technical—as .doc reverse engineering has proven, one could use this file format and accept the difficulties with document interchange. The best reason for avoiding .doc centers on working against anti-social mechanisms (like secret proprietary formats) that deny us our freedom and (as this poignant essay says) “buttress the Microsoft monopoly”.

Slow down and look at the implications, work for democratic control of your economy.

Ultra-groovy Lizzie pointed me to the BBC article on RFID’s march through Europe. It is a rather one-sided article; it reads more like an advertisement for RFID. If you haven’t already thought of the social consequences of increased tracking, you might benefit from a piece which educates readers on multiple frames of debate or one which warns readers of what they’ll lose in exchange for increased RFID proliferation.

First, we should ask if RFID has any role to play at all. But the article starts by framing the issue from a proponent’s perspective:

The European Commission is setting up a group made up of citizens, scientists, data protection experts and businesses to discuss how the tags should be used.

Why jump past the question of whether to use them at all? How about restricting their use to prevent any contact with a consumer, leaving RFID as an industrial tracking mechanism?

Shouldn’t any discussion of RFID require proponents to justify why anyone outside the shipping dock needs RFID (if indeed shipping docks need this at all), and not how they are to be used?

As RFID tags become smaller and less easily detected by the naked eye, countries want to put them into more things in order to track more of your interactions. One ought to be concerned about RFIDs implanted into cash and product packaging. So if you want anonymous cash, what effect would uniquely identifying every bill and coin have? What if cash registers were fitted with RFID scanners that could read RFID tags no larger than a couple of ridges on a human finger (0.05mm²) (which should be on the market soon), and those registers wirelessly conveyed the scanned information to a database somewhere on the Internet? Is this the world you want?

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EFF unveils American Studios’ Secret Plan to Lock Down European TV Devices

EFF has the scoop:

The Electronic Frontier FoundationElectronic Frontier Foundation logo (EFF) is the only public interest group to have gained entrance into the secretive meetings of the Digital Video Broadcasting Project (DVB), a group that creates the television and video specifications used in Europe, Australia, and much of Asia and Africa. In a report released today, EFF shows how U.S. movie and television companies have convinced DVB to create new technical specifications that would build digital rights management technologies into televisions. These specifications are likely to take away consumers’ rights, which will subsequently be sold back to them piecemeal — so entertainment fans will have to pay again and again for legitimate uses of lawfully acquired digital television content.

I maintain restrictions like these are what HDTV (and digital television in general) is really about (HDTV is typically broadcast digitally). The increased quality is merely a minor selling point to get people to buy into it without knowing what restrictions they’re buying right along with HDTV. Americans will be pushed into HDTV really hard about a year from now.

Digital booksellers were unable to convince people to do this because they didn’t have the force of law TV broadcasters have, and because booksellers didn’t get their argument straight when they tried to bamboozle people out of their rights. Electronic books (sometimes called “eBooks”) were initially distributed with poor displays and licensing restrictions so onerous even non-technical mainstream press reacted badly to them (some years ago Harper’s magazine reprinted the license for the Adobe eBook version of Alice in Wonderland. One of the restrictions tried to disallow reading the book aloud). So long as the public complains chiefly on technical merit (the screen isn’t big enough, the screen doesn’t work well in sunlight, the device is too heavy/expensive, etc.) they believe they’re setting up an effective argument against eBooks. But once these technical problems are fixed, the public will have no reason to reject eBooks because they never argued against the loss of rights that (unnecessarily) goes along with these eBooks. eBook publishers would love to get their audience into a position where people rely on eBooks for daily use and can’t easily remember a time before eBooks. This way publishers can take away rights you enjoy with paper books—rights you won’t have with eBooks such as right of first sale, which lets you resell your books; fair use, to copy a snippet of your own choosing rather than letting the publisher dictate what snippets you can copy, when, and for what purpose.

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Free speech isn’t free at USC: it’s $1 per poster.

The University of Southern California Free Culture group held an event where students were invited to speak their mind. This event was called the “Free Speech Zone” like the caged areas in which people are allowed to speak freely outside major political party rallies and other corporate-sponsored events around the world.

Students spoke about the environment, politics, art, their peers, their haircuts, what they ate for breakfast — anything that came to mind. Even more students brought sidewalk chalk with which they wrote words and drew pictures within the “Free Speech Zone” boundaries.

Usually these “zones” are well outside any route where the invited guests would be likely to see them and hear their objections.

The USC fined the Free Culture group for posting unauthorized posters ($1/poster) and charged the group an undisclosed amount for removal of sidewalk chalk.

The irony, oh the irony.

The posters read “This is Not A Free Speech Zone” because the Free Culture group was protesting USC’s policy on free expression and dissent which appears to be in opposition to “the development of human beings and society as a whole through the cultivation and enrichment of the human mind and spirit“.

What we get vs. what we deserve—C-SPAN responds to Carl Malamud

C-SPAN has promised to relicense the Congressional and federal agency footage under a more amenable license: (emphasis theirs)

C-SPAN is introducing a liberalized copyright policy for current, future, and past coverage of any official events sponsored by Congress and any federal agency– about half of all programming offered on the C-SPAN television networks–which will allow non-commercial copying, sharing, and posting of C-SPAN video on the Internet, with attribution.

So many of the salient details are left out, I’ll hold my thanks to C-SPAN until I learn precisely what they’re distributing and under what license. License choice, quality of source material, reliability of footage stamping (it’s routine for C-SPAN to stick an “All Rights Reserved” at the end of their footage), and more will all have to be addressed. It’s not clear if they’ll make high-quality footage available through their website, through a willing carrier (like The Internet Archive), or leave it up to the public to digitize a relatively poor signal and upload it to others.

They say Creative Commons somehow inspired them to do this (The new C-SPAN policy borrows from the approach to copyright known in the online community as “Creative Commons.”). But I suspect something else is going on. Carl Malamud recently put pointed questions to C-SPAN essentially asking them to justify their restrictions when the American cable-subscribing public covers most if not all of C-SPAN’s bills.

Therefore I have to wonder: if we’re covering their costs (at least), why aren’t we getting completely unfettered access to all of C-SPAN’s works even for commercial use?

C-SPAN’s announcement gives examples of what we will and won’t get increased access to:

Examples of events included under C-SPAN’s new expanded policy include all congressional hearings and press briefings, federal agency hearings, and presidential events at the White House. C-SPAN’s copyright policy will not change for the network’s studio productions, all non-federal events, campaign and political event coverage, and the network’s feature programming, such as Book TV and original history series.

Why are these works copyrightable at all? I’m bothered by this because it means that this situation could change; later on this copyright license can be discontinued or altered to take away the freedoms we are being promised in these works. Thus works licensed under the revised license are less advantageous to us. I’m also curious why we’re not getting the freedom to distribute derivative works. A practical side-effect of this is that C-SPAN can challenge our fair use by calling it copyright infringement.

All your words are belong to us.

BoingBoing.net has the scoop: (I’ve added some links to the relevant material)

Canadian Industry Minister Maxime Bernier recently introduced Bill C-47, the Olympic and Paralympic Marks Act, through which the Vancouver Olympics are guaranteed exclusive public use of the following words: winter, gold, silver, bronze, sponsor, Vancouver, Whistler, 2010, tenth, medals, and games.

It’s amazing how the Olympics have come to symbolize bullying corporate greed; overreaching, violent “security measures;” drug abuse and destruction of public facilities and low-income housing.

Other countries have done similar things for the Olympic Committee but those countries dropped their nonsense after the Olympics ended in their country. Canada plans to drop some of the powers described after 2010. Michael Geist argues that the new powers described in the bill are unnecessary and harmful: trademark law is at the Olympic Committee’s disposal so it’s not clear why C-47 is needed at all, C-47 is potentially harmful to free speech because it provides insufficient and unclear exceptions for criticism, and it is inappropriate to create this form of special power at all. Geist uses the term “protection” instead of “power” as I do here. I think power more accurately describes what’s going on; as Geist points out, last week it was okay to set up a business called “Olympic Pizza” but under C-47 that would not be allowed. Also, Geist explains that C-47’s state seizure power is very broad:

For example, a court can order all goods using the marks to be seized by Minister of Public Safety and Emergency Preparedness, as if public exposure to non-authorized Olympic goods were a public safety issue.

New fee schedule for webstreaming RIAA tracks

According to Kurt Hanson, webstreaming audio tracks whose copyright is held by clients of the Recording Industry Association of America (what I’ll call “RIAA tracks”) just became a lot more expensive.

In a new fee schedule (effective retroactively to the start of 2006), online radio stations playing RIAA tracks now have to pay $0.0011 per song-per listener (also known as a “performance”). This means that the RIAA track webcaster has to figure out how many downloads of the song there were and pay that times $0.0011 every month this year. Next year and every year through 2010 this fee will go up, according to the current fee schedule:

2006 $.0008 per performance
2007 $.0011 per performance
2008 $.0014 per performance
2009 $.0018 per performance
2010 $.0019 per performance

And no RIAA track webcaster pays less than $500/month; that’s the new minimum payment in this scheme.

I’m not sure if this is in addition to or a replacement for the content restrictions which prevent playing songs from the same artist more than a certain number of times in a row, or in a 3-hour period, and so on. But perhaps that doesn’t matter—it’s not hard to see how the new fee schedule makes webcasting RIAA tracks completely unaffordable. Just run some sample calculations out to 1 year and watch the fees add up beyond what small stations (individuals and small volunteer outfits) can afford to pay.

And then there’s the question raised any time webcasting with the RIAA comes up: Webcasters should take on all of this complexity, cost, and hassle so they can do business with an organization that treats people so shabbily?

I know that many artists don’t see the harm in signing with an RIAA client. They think it will be their path to riches even though it’s far more likely they’ll have to make albums just to pay off the label/loan shark. This fee schedule, written at the behest of the RIAA, does not benefit artists. Read the definition of “performance” closely and you’ll see the incentive to play fewer RIAA tracks and webcast to fewer people. I suggest that artists record and distribute their own work online, and retain the copyright to their songs as well as their recordings. Artists are often less popular than they’d like to be, so it’s better to retain copyright power than to sign it over to a label. Artists who still want to work with the RIAA through their label should advocate for a small uniform fee anyone can pay the RIAA in exchange for distribution rights in any medium. If the fee is small it will encourage compliance and more fees will be paid to the RIAA (I’ll be surprised if a dime of this money goes to any but the most popular artists who need the money the least, but more exposure is an indirect benefit). I’m guessing this is where things are headed and once again we’ll (as Cory Doctorow once put it) drag the RIAA “kicking and screaming to the money tree”.