Quotulatiousness

January 24, 2012

SOPA Wars II: The Internet Strikes Back

Filed under: Law, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 13:14

Michael Geist on the remarkable results of the anti-SOPA protests:

Last week’s Wikipedia-led blackout in protest of U.S. copyright legislation called the Stop Online Piracy Act (SOPA) is being hailed by some as the Internet Spring, the day that millions fought back against restrictive legislative proposals that posed a serious threat to an open Internet. Derided by critics as a gimmick, my weekly technology law column [. . .] notes it is hard to see how the SOPA protest can be fairly characterized as anything other than a stunning success. Wikipedia reports that 162 million people viewed its blackout page during the 24-hour protest period. By comparison, the most-watched television program of 2011, the Super Bowl, attracted 111 million viewers.

More impressive were the number of people who took action. Eight million Wikipedia visitors looked up contact information for their elected representatives, seven million people signed a Google petition, and Engine Advocacy reported that it was completing 2,000 phone calls per second to local members of Congress.

The protest launched a political earthquake as previously supportive politicians raced for the exits. According to ProPublica, the day before the protest, 80 members of Congress supported the legislation and 31 opposed. Two days later, there were only 63 supporters and 122 opposed.

[. . .]

It may be tempting for SOPA protesters to declare victory, but history teaches that political wins are rarely absolute. The current Canadian legislation, Bill C-11, is much more balanced than the 2007 proposal, but the digital lock provisions that sparked the initial protest remain largely unchanged. In New Zealand, the government later introduced a more balanced bill with greater safeguards, but the prospect of terminating Internet access was not completely eliminated.

SOPA appears to be headed for the dustbin, but successor U.S. legislation is sure to follow. A political consensus on anti-piracy legislation will eventually emerge, but the day the Internet fought back will remain the elephant in the room for years to come.

January 23, 2012

Could OPEN address the real problems that SOPA/PIPA were supposed to fix?

Filed under: Law, Liberty, Media, USA — Tags: , , , — Nicholas @ 08:57

Christina DesMarais has a summary of the bill introduced by Congressman Darrell Issa to replace SOPA:

Rep. Darrell Issa (R-California) introduced H.R. 3782, the Online Protection and Enforcement of Digital Trade Act in the U.S. House of Representatives on Wednesday, the same day as an Internet protest when a number of high-profile websites such as Wikipedia went dark. Issa says the new bill delivers stronger intellectual property rights for American artists and innovators while protecting the openness of the Internet. Senator Ron Wyden (D-Oregon) has introduced the OPEN Act in the U.S. Senate.

OPEN would give oversight to the International Trade Commission (ITC) instead of the Justice Department, focuses on foreign-based websites, includes an appeals process, and would apply only to websites that “willfully” promote copyright violation. SOPA and PIPA, in contrast, would enable content owners to take down an entire website, even if just one page on it carried infringing content, and imposed sanctions after accusations — not requiring a conviction.

January 22, 2012

Paulo Coelho: Pirate my work!

Filed under: Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 11:48

Paulo Coelho finds himself on the opposite side of an issue from where he “should be”:

As an author, I should be defending ‘intellectual property’, but I’m not.

Pirates of the world, unite and pirate everything I’ve ever written!

The good old days, when each idea had an owner, are gone forever. First, because all anyone ever does is recycle the same four themes: a love story between two people, a love triangle, the struggle for power, and the story of a journey. Second, because all writers want what they write to be read, whether in a newspaper, blog, pamphlet, or on a wall.

The more often we hear a song on the radio, the keener we are to buy the CD. It’s the same with literature.

The more people ‘pirate’ a book, the better. If they like the beginning, they’ll buy the whole book the next day, because there’s nothing more tiring than reading long screeds of text on a computer screen.

H/T to Cory Doctorow for the link.

January 20, 2012

Julian Sanchez on SOPA/PIPA: “No matter how bad last season’s crops were, witch burnings are a poor policy response”

Filed under: Economics, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 00:08

In a posting at the Cato@Liberty blog, Julian Sanchez discusses the claims of SOPA/PIPA supporters that new legislation is necessary to fight piracy:

Earlier this month, I detailed at some length why claims about the purported economic harms of piracy, offered by supporters of the Stop Online Piracy Act (SOPA) and PROTECT-IP Act (PIPA), ought to be treated with much more skepticism than they generally get from journalists and policymakers. My own view is that this ought to be rather secondary to the policy discussion: SOPA and PIPA would be ineffective mechanisms for addressing the problem, and a terrible idea for many other reasons, even if the numbers were exactly right. No matter how bad last season’s crops were, witch burnings are a poor policy response. Fortunately, legislators finally seem to be cottoning on to this: SOPA now appears to be on ice for the time being, and PIPA’s own sponsors are having second thoughts about mucking with the Internet’s Domain Name System.

That said, I remain a bit amazed that it’s become an indisputable premise in Washington that there’s an enormous piracy problem, that it’s having a devastating impact on U.S. content industries, and that some kind of aggressive new legislation is needed tout suite to stanch the bleeding. Despite the fact that the Government Accountability Office recently concluded that it is “difficult, if not impossible, to quantify the net effect of counterfeiting and piracy on the economy as a whole,” our legislative class has somehow determined that — among all the dire challenges now facing the United States — this is an urgent priority. Obviously, there’s quite a lot of copyrighted material circulating on the Internet without authorization, and other things equal, one would like to see less of it. But does the best available evidence show that this is inflicting such catastrophic economic harm — that it is depressing so much output, and destroying so many jobs — that Congress has no option but to Do Something immediately? Bearing the GAO’s warning in mind, the data we do have doesn’t remotely seem to justify the DEFCON One rhetoric that now appears to be obligatory on the Hill.

The International Intellectual Property Alliance — a kind of meta-trade association for all the content industries, and a zealous prophet of the piracy apocalypse, released a report back in November meant to establish that copyright industries are so economically valuable that they merit more vigorous government protection. But it actually paints a picture of industries that, far from being “killed” by piracy, are already weathering a harsh economic climate better than most, and have far outperformed the overall U.S. economy through the current recession. The “core copyright industries” have, unsurprisingly, shed some jobs over the past few years, but again, compared with the rest of the economy, employment seems to have held relatively stable at a time when you might expect cash-strapped consumers to be turning to piracy to save money.

January 19, 2012

Chris Dodd would like to tell all you scummy pirates that your feeble protest is an abuse of power

Filed under: Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 08:57

Cory Doctorow reminds us that former Senator, now head of the MPAA (one of the organizations pushing hardest for the adoption of SOPA and PIPA) has already added so much to your DVD-watching enjoyment:

After all, he is the CEO of the organization responsible for inserting those unskippable FBI warnings (which are highly prejudiced and factually incorrect, advising, for example, that DVDs can’t be rented, even though the law says they can) before every commercial DVD. He’s the CEO of the organization that inserts those insulting PSAs in front of every movie chiding those of us who buy our DVDs because someone else decided to download the same movie for free.

And he’s the CEO of the organization responsible for the section of the DMCA that makes it illegal to build a DVD player that can skip these mandatory, partisan, commercially advantageous messages.

So he knows a thing or two about “abuse of power given the freedoms these companies enjoy in the marketplace today.”

You know, the kind of stuff that makes you feel like this guy:

And here’s the reason you pay for a legal copy, rather than being one of those evil pirates:

January 13, 2012

Movie and music piracy: what’s the real economic cost?

Filed under: Economics, Law, Media — Tags: , , , , — Nicholas @ 09:00

On the Freakonomics blog, Kal Raustiala and Chris Sprigman look at the actual costs of piracy compared to the ludicrous claimed costs:

Supporters of stronger intellectual property enforcement — such as those behind the proposed new Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA) bills in Congress — argue that online piracy is a huge problem, one which costs the U.S. economy between $200 and $250 billion per year, and is responsible for the loss of 750,000 American jobs.

These numbers seem truly dire: a $250 billion per year loss would be almost $800 for every man, woman, and child in America. And 750,000 jobs — that’s twice the number of those employed in the entire motion picture industry in 2010.

The good news is that the numbers are wrong — as this post by the Cato Institute’s Julian Sanchez explains. In 2010, the Government Accountability Office released a report noting that these figures “cannot be substantiated or traced back to an underlying data source or methodology,” which is polite government-speak for “these figures were made up out of thin air.”

More recently, a smaller estimate — $58 billion — was produced by the Institute for Policy Innovation (IPI). But that IPI estimate, as both Sanchez and tech journalist Tim Lee have pointed out, is replete with methodological problems, including double- and triple-counting, that swell the estimate of piracy losses considerably.

January 5, 2012

The MPAA over-cooks their numbers to support SOPA

Filed under: Economics, Law, Media, Technology, USA — Tags: , , , , — Nicholas @ 09:53

Techdirt reports on the work done by Julian Sanchez at the Cato Institute to actually scrutinize the “loss” numbers used by the MPAA:

One of the things we’ve noticed in the debate over SOPA and PIPA is just how the other side is really lying with statistics. We’ve done a thorough debunking of the stats used by the US Chamber of Commerce to support both bills, as well as highlighted the misleading-to-bogus stats used by Lamar Smith in his support of the bill.

But every day, more bogus stats are rolled out. Julian Sanchez, over at the Cato Institute, has decided to dig into one specific bogus number, the supposed claim of $58 billion in “losses,” and to show how the numbers don’t hold up to any scrutiny. In fact, using the details of where the numbers came from, Sanchez makes the case that SOPA won’t save a single net job for the US economy. Read on to find out how.

First off, the $58 billion comes from an absolutely laughable report for the Institute for Policy Innovation, done every year by Stephen Siwek at a firm called Economists Incorporated. We’ve challenged this ridiculous number in the past, but not to the level of detail that Sanchez has here. He starts out by bringing up (as we have many times), Tim Lee’s excellent debunking of the ridiculous “ripple effects” that Siwek/IPI always use, despite them being a trick to double, triple, quadruple, etc count the same dollars [. . .]

December 17, 2011

Charles Stross divines the real reason for SOPA

Filed under: Government, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 11:39

Read the whole thing, but the last few points help to explain why the push for SOPA is coming right now:

7. Modern communications technologies (including the internet) provide people with a limitless channel for self-expression (not to mention distraction — endless circuses without the bread). They also provide the police state with a limitless flow of intelligence about the people. Note also that it’s possible to not merely listen in on mobile phone calls, but to use a mobile phone as a GPS-aware bugging device, and (with a bit more smarts) to have it report on physical proximity (within bluetooth range — about 20 feet) to other suspects. The flip side of social networking is that the police state knows all your acquaintances.

8. So I infer that the purpose of SOPA is to close the loop, and allow the oligarchy to shut down hostile coordinating sites as and when the anticipated revolution kicks off. Piracy/copyright is a distraction — those folks pointing to similarities to Iranian/Chinese net censorship regimes are correct, but they’re not focussing on the real implication (which is a ham-fisted desire to be able to shut down large chunks of the internet at will, if and when it becomes expedient to do so).

December 2, 2011

European anti-piracy campaign didn’t get permission to use music

Filed under: Europe, Law, Media, Technology — Tags: , , , , — Nicholas @ 10:01

In a lovely turn-about, they’re being sued by the composer whose music was, um, pirated:

Anti-piracy group BREIN is caught up in a huge copyright scandal in the Netherlands. A musician who composed a track for use at a local film festival later found it being used without permission in an anti-piracy campaign. He is now claiming at least a million euros for the unauthorized distribution of his work on DVDs. To make matters even worse, a board member of a royalty collection agency offered to to help the composer to recoup the money, but only if he received 33% of the loot.

A story currently unfolding in the Netherlands painfully exposes the double standards and corruption that can be found in some parts of the copyright industry.

It all started back in 2006, when the Hollywood-funded anti-piracy group BREIN reportedly asked musician Melchior Rietveldt to compose music for an anti-piracy video. The video in question was to be shown at a local film festival, and under these strict conditions the composer accepted the job.

However, according to a report from Pownews the anti-piracy ad was recycled for various other purposes without the composer’s permission. When Rietveldt bought a Harry Potter DVD early 2007, he noticed that the campaign video with his music was on it. And this was no isolated incident.

The composer now claims that his work has been used on tens of millions of Dutch DVDs, without him receiving any compensation for it. According to Rietveldt’s financial advisor, the total sum in missed revenue amounts to at least a million euros ($1,300,000).

H/T to occultado for the link.

November 16, 2011

Stop the attempt to nationalize the internet (for the US government)

Filed under: Government, Liberty, Technology, USA — Tags: , , , , , , — Nicholas @ 12:17

If you don’t already associate SOPA with evil, Michael Geist explains why you should:

The U.S. Congress is currently embroiled in a heated debated over the Stop Online Piracy Act (SOPA), proposed legislation that supporters argue is needed combat online infringement, but critics fear would create the “great firewall of the United States.” SOPA’s potential impact on the Internet and development of online services is enormous as it cuts across the lifeblood of the Internet and e-commerce in the effort to target websites that are characterized as being “dedicated to the theft of U.S. property.” This represents a new standard that many experts believe could capture hundreds of legitimate websites and services.

For those caught by the definition, the law envisions requiring Internet providers to block access to the sites, search engines to remove links from search results, payment intermediaries such as credit card companies and Paypal to cut off financial support, and Internet advertising companies to cease placing advertisements. While these measures have unsurprisingly raised concern among Internet companies and civil society groups (letters of concern from Internet companies, members of the US Congress, international civil liberties groups, and law professors), [. . .] the jurisdictional implications demand far more attention. The U.S. approach is breathtakingly broad, effectively treating millions of websites and IP addresses as “domestic” for U.S. law purposes.

The long-arm of U.S. law manifests itself in at least five ways in the proposed legislation.

June 15, 2011

Daily link roundup

Filed under: Cancon, History, Media, Military — Tags: , , , , , — Nicholas @ 00:16

More links that don’t quite make it as separate blog entries.

  • North Carolina shipwreck officially recognized as being Queen Ann’s Revenge, the flagship of the infamous pirate Blackbeard. “The Queen Anne’s Revenge, a captured French slave ship, was part of a four-vessel pirate flotilla when it ran aground in 1718 beside the inlet leading to Beaufort and was abandoned. The wreck was found a little more than a mile off the beach in 1996 by Intersal, a private salvage company. The location precisely matched historical accounts of the grounding, and the ship appeared to be the right vintage and size and was armed to an unusual degree. And from the first, the artifacts brought up fit the origins of the ship, the crew and the places it was known to have visited.”
  • If more reporters (and bloggers) followed John Rentoul’s list of forbidden words and phrases the internet would be only a few megabytes in size (really, those phrases seem to appear in every article and blog post lately). “The original Banned List was, of course, George Orwell’s in 1946: dying metaphors (“Examples are: Ring the changes on, take up the cudgel for, toe the line, ride roughshod over, stand shoulder to shoulder with, play into the hands of, no axe to grind, grist to the mill, fishing in troubled waters, on the order of the day, Achilles’ heel, swan song, hotbed”); verbal false limbs (“Characteristic phrases are render inoperative, militate against, make contact with, be subjected to, give rise to, give grounds for, have the effect of, play a leading part (role) in, make itself felt, take effect, exhibit a tendency to, serve the purpose of”); pretentious diction (“Words like phenomenon, element, individual (as noun), objective, categorical, effective, virtual, basic, primary, promote, constitute, exhibit, exploit, utilise, eliminate, liquidate”); and meaningless words (his examples included “class, totalitarian, science, progressive, reactionary, bourgeois, equality”).”
  • Significantly different approaches by Canadian and British militaries to dealing with “operational security” over Libyan operations. “It is interesting to contrast the amount of information the Canadian Forces releases on its missions in Libya. It talks about the war in general terms but CF spokesman Brig. Gen. Richard Blanchette claims that detailing the type or numbers of bombs dropped on targets (or even naming specific targets) would violate operational security.” The British, in contrast, are eager to tell how many bombs (and of what type) were dropped from which aircraft and which Royal Navy vessels were involved in combat operations.
  • I was happy to see that Rogier van Bakel is now working with some co-bloggers at a new URL. Here’s the round-up of who, what, and where.

April 23, 2011

A neat way to address software piracy

Filed under: Gaming, Humour, Technology — Tags: , , , , — Nicholas @ 12:52

I still find it hard to believe that Cracked, of all the media entities from the pre-internet era, is worth visiting (and linking to). However, this is good stuff:

The [Arkham Asylum] developers included a little bit of extra code to detect when the game has been pirated, a common tactic used to track a company’s losses or simply mess with cheap people. The game is mostly unchanged when hacked, with one seemingly minor exception: Batman’s glider cape is hilariously unusable and has the aerodynamics of a piece of cardboard riddled with bullet holes.

It’s not that the cape is faulty, apparently; it’s simply that your version of Batman doesn’t know how to use it. Instead of gliding from one surface to another, Batman simply opens his wings over and over like a total ass-clown, causing him to lose altitude and fall down. It’s like you’re being forced to play with the pudgy Batman copycat from the beginning of The Dark Knight.

All the other gadgets still work, so you can always fight your way across the level on foot, right? Well, yeah, except that without the glider cape you’ll be completely stranded in a certain room — you know, the one filled with poisonous gas. That’s right, in the pirated version of Arkham Asylum, the always-prepared Dark Knight is such an useless idiot that he gets himself killed due to his shitty cape.

This trick gets misconstrued a lot as a simple game glitch, so you have people like this guy asking what’s wrong with his game at the official Eidos message board … only for the forum administrator to explain the situation and tell him: “It’s not a bug in the game’s code, it’s a bug in your moral code [punk].“

April 4, 2011

Totally underground band loses millions to illegal downloads…or do they?

Filed under: Cancon, Economics, Media, Technology — Tags: , , , — Nicholas @ 09:39

An interesting article looks at a claim by an obscure band that their debut CD had been pirated over 100,000 times:

Late last week, TorrentFreak was contacted by a guy called Wayne Borean who alerted to us to a somewhat heated debate he’d been participating in on the ‘Balanced Copyright For Canada’ Facebook page.

“There’s a Rock Band called One Soul Thrust. They have a debut album, which I like (bought it off iTunes). However the first I heard of the band was when there were complaints that the band had gone Platinum — because of illegal Torrent downloads!” Borean explained.

Indeed, according to a press release from the band’s manager, Cameron Tilbury, the situation is very serious.

“The Canadian Recording Industry Association (CRIA) states that, to achieve Platinum status, an album must achieve sales of 100,000 copies/downloads of an album. Sales…that’s the key. A random polling of several torrent site’s downloads — ILLEGAL downloads — has shown that 1ST, the debut cd by ONE SOUL THRUST has been downloaded over 100,000 times,” he wrote.

That’s really terrible, isn’t it? An obscure band, hoping to make it big by selling their CD have an illegal audience more than 300 times their number of Facebook fans? How did all these illegal downloaders even find out about the band? Well, perhaps they didn’t:

At this point, since we couldn’t find any torrents on any site (Borean tried everywhere too), we have to admit we were beginning to wonder if this 100K download claim was some kind of publicity stunt. Furthermore, since Wayne Borean and Tilbury were starting to publicly tear each other apart (and getting pretty personal at times) it seemed sensible to get to the bottom of this, particularly since the band’s manager claimed that the all-powerful CRIA is supporting the band’s stance.

[. . .]

As many readers will now be aware, there is a huge problem. These results are completely fake and are generated from user input to draw traffic to site advertisers. You can type anything in the search boxes on some of these torrent sites (these apparently came from LimeTorrents) and anyone can appear to be pirated into oblivion [. . .]

We wrote back to Tilbury and explained our findings. We also asked him to comment on how he feels now that he realizes that people aren’t downloading the band’s music at all. He hasn’t responded to that question which is a real shame, because personally I think this is the most important part of the whole story.

I’m absolutely confident that there was no attempt to mislead with the band’s ‘piracy problem’ press release and that the band and their manager sincerely believed that 100K people had downloaded their album without paying for it. However, it would be intriguing to know what happened, when emotions of supposedly being ripped off by 100,000 pirates were replaced by other, perhaps more confused feelings.

Update, 5 April: Apparently you have two choices in a situation like this. 1) Own up to being mistaken and apologize for making a stink about a non-issue. 2) Double-down on stupid:

A day after One Soul Thrust’s manager had the entire Internet explain to him that his band’s music wasn’t being downloaded 100,000 times on BitTorrent sites, he’s still in deep denial. Today’s post is all about how the pirates attacked him “[b]ecause a debut album by an independent Canadian band is listed on torrent sites around the world and we had the audacity to point that out.” Um, no it’s not. It’s not listed on any torrent sites. As far as anyone can tell, not one human being on this planet has torrented this band’s CD. Dude, you made a mistake, you freaked out, you looked a little naive. Now you’re looking like an ass. Quit while you’re ahead, maybe?

Creative comments to that last post include 1) someone, somewhere actually upload the album to a torrent site, just so the band doesn’t look quite as pathetic, and 2) replace each track with varying length versions of a certain Rick Astley tune.

February 17, 2011

The Pirates of Oz

Filed under: Media, Technology — Tags: , , , , , — Nicholas @ 07:15

According to a recent study, piracy in Australia has become the biggest industry: one third of all Australians are accused of piracy in the last twelve months.

The study, released by the Australian Federation Against Copyright Theft, claims that piracy sucks $A1.37bn out of the Australian economy.

Direct effects claimed by AFACT amounted to $A575m, the study claims — including $A225m attributed to “secondary piracy”, in which an individual either “views or borrows” pirated material (presumably whether or not the viewer knows the full legal status of what they’re watching).

[. . .]

The economic multiplier effects, for those willing to get past the press release, include reduced spending on recreation, clothing, housing and household goods. So, freetards, hang your heads in shame: not only were more than 6,000 jobs lost due to piracy, but the victims of your crime are now homeless, naked, hungry and bored.

January 22, 2011

The increasing cost of fighting pirates

Filed under: Africa, Middle East, Military — Tags: , , , — Nicholas @ 11:51

Far from solving the problem of piracy in the Indian Ocean, the costs have increased dramatically:

The Somali piracy problem is not going away, despite years of efforts by an every-growing international anti-piracy patrol off the East African coast and the Indian Ocean. Since 2005, the average ship (and crew) ransom has increased over ten times (from $150,000). Thus overall cost of Somali piracy has increased to more than $5 billion a year. Most of the cost is from addition expenses for ships staying at sea longer as they avoid going anywhere near Somalia. This has cost Egypt over 20 percent of the traffic through the Suez canal, which amounts to over a billion dollars a year in lost revenue. The anti-piracy patrol costs nearly a billion dollars a year, but most of the extra costs hit the shipping companies, and their customers, who pay more for ships spending more time at sea, or the expense of additional security measures.

The problem is that piracy is a gamble, but a better gamble than anything else on offer for would-be pirates. A small vessel, a crew willing to fight, and some inexpensive weapons can be translated into a multi-million dollar jackpot. International navies on patrol rarely do more than scare off attempts, so the risk to the pirates is still low even when a patrol is in the area. Given the situation on land, it is logical for pirates to continue attacking ships passing the Somali coastline.

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