Another Apple copyright infringement

Apple got caught infringing copyright again. Whether it’s GNU Go, GCC, or distributing VideoLAN Client in ways they deny themselves, Apple (or in the case of GCC, NeXT later owned by Apple) has quite a history of commercial copyright infringement.

China Daily reports that Apple has lost a copyright infringement case in China and told to pay $118,000 for commercially distributing copies of books in their store without permission from the copyright holders.

Judge Feng Gang said Apple should take responsibility since, as a big online downloading platform, it has the duty of checking whether books uploaded by third parties are in line with current laws.

“The writers involved this time include Mai Jia, whose books are often on best-seller lists across the country,” he said. “In this way, Apple has the capability to know the uploaded books on its online store violated the writer’s copyright.”

If you needed a complete list of reasons why you shouldn’t do business with Apple, look no further.

Remembering Aaron Swartz

Aaron Swartz worked hard for our mutual benefit through sharing and he also introduced people to free software. Aaron kindly granted me an interview some years ago for my old radio show. Facing a prison sentence and what Lawrence Lessig rightly calls a bully of a prosecutor, Swartz hanged himself on January 11, 2013. Swartz will be missed.

Reaction from around the web:

What makes digital inclusion good or bad?

As Google and area projects aim to bring high-speed Internet access to more people through new networks, society should ask the question Richard Stallman poses in this talk: What makes digital inclusion good or bad?

Quoting the description provided by the Free Software Foundation’s Audio-Video archive:

Activities directed at “including” more people in the use of digital technology are predicated on the assumption that such inclusion is invariably a good thing. It appears so, when judged solely by immediate practical convenience. However, if we also judge in terms of human rights, whether digital inclusion is good or bad depends on what kind of digital world we are to be included in. If we wish to work towards digital inclusion as a goal, it behooves us to make sure it is the good kind.

Here’s a recording of a talk he gave on this subject on October 19, 2011 at Sciences Po in Paris, France. This recording is licensed under the CreativeCommons Attribution-No Derivative Works 3.0 license.

More deep wisdom from Eben Moglen

Some years ago, I went to the Free Software Foundation’s annual member meeting. It was well worth the trip, but Eben Moglen’s talk was worth the price of admission.

I have become interested in his talks over the years, and I intend to bring them to a wider audience. Here’s one recent talk from the HOPE 2012 conference (and the transcript is available as welllocal copy). This recording is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license.

Undercut the CRB, broadcast liberated music instead

One area of copyright licensing I’ve found a lot of copyright reports get wrong is music licensing. Consider this quote from techdirt.com’s “Senator Wyden Introduces Bill To Bring Some Sanity To Webcasting Royalty Rates“:

We were just talking about how incredibly broken the system is for establishing webcasting rates, in part because the law itself explicitly says that the Copyright Royalty Board (CRB) Judges should look to prevent disruptive innovation and preserve “prevailing industry practices.” In practice this has meant that basic webcasting rates, established by CRB judges, are usually somewhat insane and impossibly out of touch with reality. It’s only gotten worse over time — and the last round ended up being so crazy that everyone basically agreed to ignore those rates and set their own. And while those rates were lower than what the judges wanted to set, they’re still ridiculously high, significantly limiting the amount of webcasting available today. Even the leaders in the field, like Pandora, admit that with current rates, it’s basically impossible for the company to ever make a profit.

You’d think that this statement covers all webcasting of all music; one just can’t set up their own broadcasting station and avoid paying for major label tracks.

techdirt.com’s reportage doesn’t explain organizations like Magnatune, a label which licenses all of their tracks to share, or Musopen which describes itself as “a non-profit dedicated to providing copyright free music content” (such as the Musopen lossless DVD). Every year there are more labels providing music in a variety of genres, all licensed to share in any medium.

The wealth of viable alternatives to major label tracks make me lose sympathy with those who want to become another corporate repeater station and complain about Copyright Royalty Board rates shutting them out. The time is now to establish something better that helps more artists struggling to be heard, artists who offer their work to you under amenable terms.

We know that this model works in the marketplace—Broadcast Music, Inc. (BMI) started in a comparable way, providing a repertoire of music for American radio stations to play under better terms than the competition from ASCAP, a competing royalty/licensing organization which had been around for 20 years. BMI undercut the competition from ASCAP at a time when ASCAP demanded “a fixed percentage of each station’s revenue, regardless of how much music the station played from ASCAP’s repertoire”.

Opus is RFC 6716!

Congratulations to the Opus team for their promising open audio codec and making a new Internet Engineering Task Force standard—RFC 6716!

Opus promises to provide a functional replacement for Speex and Vorbis because Opus can handle the jobs of both Speex (a voice codec) and Vorbis (a general-purpose audio codec). Of course, Opus support is already appearing in the free software world: GStreamer plugins, Firefox, and FFMpeg are already out with more on the way (VLC and Rockbox look particularly interesting to me).

Opus in Firefox should make it more likely to do voice over IP (VOIP) so you can chat with your friends in real-time using only a web browser you probably already have. In turn this means less need for VOIP apps and interesting integration with websites ahead.

Labor issues at Apple and Apple’s suppliers

This list was originally featured on another post.

If you needed a complete list of reasons why you shouldn’t do business with Apple, Richard Stallman tracks such reasons.

  • Apple’s Rotten Core mistreated workers from Apple’s own employees to the workers of upstream suppliers with “aggressive anti-union strategy”.
  • Blood on the Trackpads discusses Mike Daisey’s monologue “The Agony and the Ecstasy of Steve Jobs” wherein Daisey poses as an investor, travels to the “Special Economic Zone” of Shenzhen, China, and gains access to Foxconn workers who are eager to share their stories. One story was about an “employee [who] mangled his hand in a factory accident and was fired instead of compensated” and another where “[s]everal workers speak of an employee who died after working a 32-hour shift”. Daisey had exaggerated some of the points in his stories. Sadly for human rights sake, not everything Daisey said was an exaggeration. It is telling that many Westerners are so concerned with Daisey’s exaggerations than with the suffering of Chinese laborers.
  • Three Strikes Against Apple about Apple’s response circa the time of the multiple Foxconn suicides of 2011.
  • On 2012-06-29, Democracy Now! reported

    A labor rights group says it has uncovered “deplorable” conditions at plants in China that supply products to tech company Apple. The New York-based group China Labor Watch says a four-month investigation of 10 Apple suppliers revealed widespread abuses, including harmful working conditions and excessive overtime. The report found conditions in factories that produce cases for Apple products appeared particularly bad, with workers being exposed to loud noise and toxic chemicals. While the uproar over Apple’s suppliers has focused largely on factories owned by the manufacturer Foxconn, the group said it found violations in virtually all of Apple’s suppliers and said some companies mistreated workers more severely than Foxconn.
    Democracy Now! 2012-06-29

    China Labor Watch‘s report is available in English in HTML or as a PDF (local copy), and in Chinese as a PDF (local copy). The press release for the report is also online. There is coverage of China Labor Watch’s report in the mainstream news (1, 2, 3).

  • Apple’s American Workforce and the Service Economy by Matt Vidal

    Last year [2011], the article (Local copy) reports, “each Apple store employee — that includes non-sales staff like technicians and people stocking shelves — brought in $473,000.” Yet, many of these employees are paid just $25,000 per year.
    Matt Vidal
    link to referenced article added

  • Richard Stallman’s reasons not to do business with Apple
  • Transcript of Democracy Now! episode where some of the discussion had to do with the human cost of Apple’s computers

    AMY GOODMAN: I wanted to talk about specifics and also go general. Jim Steele, the story of corporations tell a very major story about the United States, corporations like Apple and Boeing. Apple doesn’t manufacture one product in the United States?

    JAMES STEELE: That’s correct. That’s correct. I think some of the parts—some of the parts are made here, but basically the essential products aren’t. And we made the point in the book [The Betrayal of the American Dream]—we actually wrote about this before a lot of the news surfaced this year—that what was significant about what Apple has done is not just their working conditions in China, which were horrendous by the subcontractors over there, but what they did, they completely closed down manufacturing in this country after really less than a generation. The historic pattern in this country was a product would be invented here, a company would go into business, they would start making it. Up and down the line, you had a broad-based workforce for that product, from folks on the factory floor to the designers, to the salesmen, so on, to the stockholders who might be part of that company. But ultimately, you had this broad-based situation. Apple originally had some manufacturing in this country but very quickly, in less than a generation, just closed that down and shipped most things to China and other countries. And it’s just part of that pattern where jobs that once middle-class people had in this country are now gone.

Another reason not to do business with any proprietor—you don’t really control your computer. On September 11, 2012 TorrentFreak reported that Apple called Craig Donnelly, developer of a program that lets users more conveniently control a proprietary file-sharing application, to tell him that Apple accidentally approved his program for distribution on their app store. This wasn’t surprising because Apple has a history of rejecting file-sharing programs for distribution from their app store. Apple told Donnelly that they would later pull Donnelly’s application. TorrentFreak predicts users who bought the application, “will soon have it wiped from their iOS devices.”.

The lack of control over which programs you can keep on your computer is one reason why I don’t recommend using proprietary programs at all: Apple’s mistaken approval of a program for their app store should have no effect on users who installed the application from that app store. Computer owners should control their computers and decide which apps stay installed.

Obama personally oversees “kill list”

By way of DemocracyNow.org’s headlines: (link to referenced article added; local copy)

The New York Times is reporting President Obama personally oversees a “kill list” containing the names and photos of individuals targeted for assassination in the secret U.S. drone war. According to the Times, Obama signs off on every targeted killing in Yemen and Somalia and the more complex or risky strikes in Pakistan. National Security Adviser Thomas Donilon said, “He is determined that he will make these decisions about how far and wide these operations will go.” Obama is also said to personally approve every addition to the expanding “kill list.” Individuals on the list include U.S. citizens, as well teenage girls as young as 17 years old. The Times quotes former White House Chief of Staff William Daley about Obama’s decision to assassinate Anwar al-Awlaki, a U.S. citizen, in Yemen. According to Daley, Obama called the decision to strike the U.S.-born cleric “an easy one.” Since April, the United States has carried out at least 14 drone strikes in Yemen and six in Pakistan. Over the weekend, a U.S. drone strike in Yemen killed at least five people.

How many more US citizens will Obama assassinate without due process? How many more will he kill because someone related to them said something uncomfortable?

How many more innocents will die in “signature strikes”? Marcy Wheeler of EmptyWheel.net in her recent Democracy Now! interview reminds us that a signature strike “means we’re shooting drones at people whose identity we don’t actually know. We’re shooting at them because they look like terrorists from the sky, because they seem to have certain levels of security. In other words, Brennan was not telling the full truth when he said that these are targeted killings. What they are, in fact, are not targeted. We don’t know who we’re shooting at.”.

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