Tasting History with Max Miller
Published 1 Nov 2022
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November 2, 2022
Feeding King Tut
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Bill C-18’s scheme to force payment for online links threatens freedom of expression
Michael Geist considers the ways that the federal government’s Bill C-18 will suppress online freedom of expression in Canada:
“Automotive Social Media Marketing” by socialautomotive is licensed under CC BY 2.0
The study into the Online News Act continues this week as the government and Bill C-18 supporters continue to insist that the bill does not involve payment for links. These claims are deceptive and plainly wrong from even a cursory reading of the bill. Simply put, there is no bigger concern with this bill. This post explains why link payments are in, why the government knows they are in, and why the approach creates serious risks to the free flow of information online and freedom of expression in Canada.
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Why is the government suspending the fair dealing rights of Internet platforms in the bill? Because it knows that the platforms don’t typically use the news in a manner that would be compensable. For example, the platforms may link to the news, feature a headline with the link or sometimes offer a one-or-two sentence summary or quote from the article. These uses are generally permitted under Canada’s fair dealing copyright law rules and do not require a licence or compensation. In other words, claiming that links might qualify for compensation requires setting aside the platforms’ copyright rights which places Canada in breach of its obligations under the Berne Convention, the international treaty that governs copyright law.
The government’s intervention into the final arbitration process is further evidence that it recognizes the weakness of the argument for payments for links. Bill C-18 mandates final offer arbitration, which encourages the parties to provide their very best final offer as part of the process since the arbitrator must select one or the other. Yet Section 39 gives the arbitration panel the right to reject an offer on several policy grounds. Why would such a provision be necessary in a final arbitration system that encourages submitting your best offer? It is only necessary if you fear one side will examine the evidence and proffer a low offer on the grounds that it does not believe that there has been a demonstration of compensable value. That is a real possibility in this case given that there should be no need to compensate for links and there is little else of value. In light of that risk, the government gives the arbitration panel the power to reject offers that do not meet the government’s policy objectives.
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Aside from the obvious unfairness, the broader implications of this policy are even more troubling. Once government decides that some platforms must pay to permit their users to engage in certain expression, the same principle can be applied to other policy objectives. For example, the Canadian organization Journalists for Human Rights has argued that misinformation is akin to information pollution and that platforms should pay a fee for hosting such expression much like the Bill C-18 model. The same policies can also be expanded to other areas deemed worthy of government support. Think health information or educational materials are important and that those sectors could use some additional support? Why not require payments for those links from platforms. Indeed, once the principle is established that links may require payment, the entire foundation for sharing information online is placed at risk and the essential equality of freedom of expression compromised.
To be clear, supporting journalism is important. But Bill C-18’s dangerous approach ascribes value to links where there isn’t any, regulates which platforms must pay in order to permit expression from their users, and dictates which sources are entitled to compensation. This is an unprecedented government intervention into the media and freedom of expression. If the government believes that Facebook and Google should be paying more into Canada, tax them and use the funds for journalism support. If that isn’t enough, create a fund for participation in the news system with mandated contributions similar to the Cancon broadcast world. That may not be ideal, but it would at least keep the system arms length, remove the qualification issues, and reduce the market intervention.
I suspect the government fears that Canadians would easily recognize the risks associated with mandated payments for links and fundamental unfairness with the system envisioned by Bill C-18. It is why it has misled on the inclusion of link payments, rejected the Parliamentary Budget Officer’s estimates on who benefits, and sought to frame Facebook’s concerns as a threat, when the real threat lies in the bill itself. But despite those efforts, make no mistake: Bill C-18 is a law about forcing some platforms to pay for links. It gives the government the power to regulate who pays and which expression is worthy of payment. In doing so, it creates a threat to freedom of expression for all Canadians.
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Essential Wood Finishes | Paul Sellers
Paul Sellers
Published 1 Jul 2022When it comes to wood finishes, for most, it is like watching paint dry, but we woodworkers must come up with something that makes our work look good, has durability, and is generally easy to apply. Over the years, I have tried most, and the two I lean on the most are shellac and water-based clear varnishes.
Chemicals as solvents used in paints have harmful effects, and we have become more conscious of the problems they cause. I wanted to let people know what I use in the day-to-day.
These two are the ones I rely on the most, but I do use other finishes from time to time.
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QotD: Being “the world’s policeman”
The British spent most of the 19th and the first half of the 20th centuries as the world’s policeman, responsible for keeping the peace, and for maintaining a balance of power. They were usually pilloried by all about them for this role, particularly by up and coming powers who wanted a “place in the sun” — Germany and the United States being the stand-out examples (though there is a lot of whinging from old allies like Russia). For the last half of that period, the British voter was having serious second thoughts about the whole concept.
The United States took on the mantle of world’s policeman in the post-Second World War world. They have spent much of the last 60 years trying to keep the peace, and, interestingly, to maintain the balance of power. (Do not be fooled by the concept of the overwhelming superpower. Britain was a lot closer to being able to take on the rest of the world in the 19th century, when it really could defeat every other navy in the world combined; than the US is now, where it could perhaps face Iran, Russia and India simultaneously, as long as the European Union is friendly. Whoops, forgot China, the Balkans, Palestine, Syria, North Korea, Iraq, Afghanistan, Somalia and other little blips on the US horizon. Well let’s be honest, no one has ever been able to take on more than a few of the other powers simultaneously. NO one.)
For their troubles, they are usually pilloried by those all about them, particularly by up and coming powers who want their “place in the sun” – the Soviet Union and China being the stand-out examples. (Though there is a lot of whinging from old allies like France). For the last forty years (since Vietnam, and certainly since Gulf War One), there have been signs that the US voter is having serious second thoughts about the whole concept.
Britain was quite reluctant to take over later imperial dependencies, particularly leftover states of defeated Empires like Turkey, such as Iraq and Palestine: but also parts of Africa and Asia “of interest to no bugger”. They were never part of the British ideal of commercial empire, and were almost impossible to govern. They were abandoned as soon as possible.
The United States is currently experiencing the joys of taking over, or being responsible for unwanted bits of empire. Strangely the names Iraq and Palestine are occurring on that list, as well as Afghanistan and possibly other commitments to come. (The US has interfered in these areas far longer than Britain had before she was stuck with them). They cannot be considered part of a logical geopolitical empire (not even for oil conspiracy nuts), and will be abandoned as soon as possible.
The British voter responded to the world wars by wanting out of empire. Now. Some of the states thus “released” were well-developed societies with decent infrastructure and good literacy and rule of law concepts. India, Malta, Ceylon, Bermuda and Singapore spring to mind. Others were abandoned prematurely: without literacy, rule of law, good infrastructure, a developed civil service, practice of voting, or any of the other minor necessities for establishing a democratic state. See any list of African dictatorships.
The US voter is responding to current events by wanting out of the Middle East ASAP. They are intent on abandoning states to “democracy”, regardless of a lack of literacy, rule of law, good infrastructure, a developed civil service, practice of voting, or any of the other minor necessities for establishing a democratic state. Whoops.
Britain suffered from an immense artificial economic high after the Napoleonic war. This left the British economy extremely artificially inflated for eighty years, and still well above its realistic weight in the world for another fifty (and only really brought back to the field by the immense economic losses of two world wars). In the last twenty years Britain has held a more realistic place in the world economy for its population and industrial level (though still relatively inflated by an immense backlog of prestige and sometimes reluctant respect.).
The US suffered from an immense artificial economic high after WWII. This left the US economy artificially inflated for the rest of the century, and still well above its realistic weight in the world to the present. … Sometime in the next few decades, the US will probably return to a more realistic place in the world economy for its population and industrial level. (Minor variables like World War III may make this projection uncertain as to actual timing, but it will happen: simply because the US will not be able to largely sit out most of the next world wars and profiteer from everyone else’s ruin the way she could in the last two).
Nigel Davies, “The Empires of Britain and the United States – Toying with Historical Analogy”, rethinking history, 2009-01-10.
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