Quotulatiousness

November 26, 2009

WoW considered harmful, sued for damages

Filed under: Gaming, Law — Tags: , , — Nicholas @ 08:41

It must be a slow news week: a gamer in California claims that World of Warcraft is harmful, seeks damages in a law suit:

Depeche Mode’s Martin Gore subpoenaed in World of Warcraft lawsuit
What do you do when a videogame makes you miserable? You take its makers to court and get the Depeche Mode guitarist to testify on the nature of melancholy, of course

In one of this year’s loonier lawsuits, Depeche Mode’s Martin Gore has been subpoenaed by an American videogamer and asked to testify on the subject of “alienation”. Erik Estavillo is suing the makers of World of Warcraft, alleging that the game has alienated him from the real, orc-less world.

According to the San Jose, California resident, World of Warcraft is a “harmful virtual environment” and its developers follow “sneaky and deceitful practices”. Despite this, Estavillo admits he “relies on videogames heavily for the little ongoing happiness he can achieve in this life”. He just wants World of Warcraft to cost less money. And to stop making him so sad.

Which brings us to Depeche Mode, those purveyors of angst and sorrow. Estavillo’s court filings put forward multi-instrumentalist songwriter Martin Gore as an expert witness on melancholy. Gore should be called to Santa Clara county superior court, Estavillio suggests, “since he himself has been known to be sad, lonely, and alienated, as can be seen in the songs he writes”.

November 25, 2009

I thought Obama was going to be better than Bush on privacy issues

Filed under: Government, Law, Technology, USA — Tags: , , , — Nicholas @ 13:04

Perhaps I was misinformed:

The Obama administration is seeking to reverse a federal appeals court decision that dramatically narrows the government’s search-and-seizure powers in the digital age.

Solicitor General Elena Kagan and Justice Department officials are asking the 9th U.S. Circuit Court of Appeals to reconsider its August ruling that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10.

The 9th U.S. Circuit Court of Appeals’ 9-2 decision offered Miranda-style guidelines to prosecutors and judges on how to protect Fourth Amendment privacy rights while conducting computer searches.

Kagan, appointed solicitor general by President Barack Obama, joined several U.S. attorneys in telling the San Francisco-based court Monday that the guidelines are complicating federal prosecutions in the West. The circuit, the nation’s largest, covers nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.

November 24, 2009

Friendly reminder to UK readers: you do not have a right to remain silent

Filed under: Britain, Law, Technology — Tags: , , , , , — Nicholas @ 07:28

A fascinating story about a case in Britain where the government’s shiny new powers under Regulation of Investigatory Powers Act (RIPA) have been used to jail a schizophrenic man for refusing to divulge the passwords to access his files:

The first person jailed under draconian UK police powers that Ministers said were vital to battle terrorism and serious crime has been identified by The Register as a schizophrenic science hobbyist with no previous criminal record.

His crime was a persistent refusal to give counter-terrorism police the keys to decrypt his computer files.

The 33-year-old man, originally from London, is currently held at a secure mental health unit after being sectioned while serving his sentence at Winchester Prison.

In June the man, JFL, who spoke on condition we do not publish his full name, was sentenced to nine months imprisonment under Part III of the Regulation of Investigatory Powers Act (RIPA). The powers came into force at the beginning of October 2007.

[. . .]

Throughout several hours of questioning, JFL maintained silence. With a deep-seated wariness of authorities, he did not trust his interviewers. He also claims a belief in the right to silence — a belief which would later allow him to be prosecuted under RIPA Part III.

November 23, 2009

Digital Economy Bill should be called Digital Disenfranchisement Bill

Filed under: Britain, Bureaucracy, Law, Technology — Tags: , , , , — Nicholas @ 08:16

The proposed British legislation called the “Digital Economy Bill” is going to be very bad news, says Charles Stross:

I’m a self-employed media professional working in the entertainment industry, who earns his living by creating intellectual property and licensing it to publishers. You might think I’d be one of the beneficiaries of this proposed law: but you’d be dead wrong. This is going to cripple the long tail of the creative sector — it plays entirely to the interests of large corporate media organizations and shits on the plate of us ordinary working artists.

Want to write a casual game for the iPhone and sell it for 99 pence? Good luck with that — first you’ll have to cough up £50,000 to get it certified as child-friendly by the BBFC. (It’s not clear whether this applies to Open Source games projects, but I’m not optimistic that it doesn’t.)

Want to publish a piece of shareware over BitTorrent? You’re fucked, mate: all it takes is a malicious accusation and your ISP (who are required to snitch on p2p users on pain of heavy fines) will be ordered to cut off the internet connection to you and everyone else in your household. (A really draconian punishment in an age where it’s increasingly normal to conduct business correspondence via email and to manage bank accounts and gas or electricity bills or tax returns via the web.) Oh, you don’t get the right to confront your accuser in court, either: this is merely an administrative process, no lawyers involved. It’s unlikely that p2p access will survive this bill in any form — even for innocent purposes (distributing Linux .iso images, for example).

As I’ve said before, we’re rapidly moving to a world where it will be difficult to have a normal life without network access . . . this bill will create a new underclass of non-persons, all to benefit the dinosaurs of the media conglomerates. And introduced by a _Labour_ government, no less.

We are already at the point where it is a reasonable and sensible thing to say that access to the internet is a human right (at least in the west). Mandelson’s three strikes provision will deny innocent people access to the internet (for all it will take is accusations that do not need to have proof), which for more and more people will be the practical equivalent of being exiled from the country. No internet access would mean children can’t get access to school work, parents can’t get access to their bank accounts, and everyone will be cut off from large parts of their social circle (more and more people depend on email, Twitter, Facebook, and other social media to stay in touch).

Due process? That seems to have been lost in the rush. Proportionality? That’s been gone for years.

November 13, 2009

Red light cameras are great . . . for increasing traffic fine revenues

Filed under: Government, Law, Liberty, Technology — Tags: , — Nicholas @ 01:09

For driver safety, not so much:

In Los Angeles the LAPD claims accidents are down after they installed cameras, but are they telling the whole truth or just trying to make money off motorists?

We crunched the numbers and the results may surprise you.

“Your data is shocking to me,” Sherman Ellison said.

Ellison is a ticket attorney and part time judge, who believes the cameras are there for one reason.

“No question. Purely a revenue generating device,” Ellison said.

Is it money or safety? We wanted to know actual numbers of accidents at red light camera intersections to see if they really went down.

When we asked, the LAPD became very defensive. The sergeant in charge told me in an e-mail, “The city would hope that it is the goal of KCBS/KCAL to discuss the positive aspects of the photo red light program.”

So we filed a public records request. The department charged us more than $500 for a computer run. When we got the numbers back, they told a different story.

We looked at every accident at every red light camera intersection for six months of data before the cameras were installed and six months after.

The final figures? Twenty of the 32 intersections show accidents up after the cameras were installed! Three remained the same and only nine intersections showed accidents decreasing.

If the reason for installing red light cameras was to increase public safety, they’re a failure. If, however, the real reason for installing them is to increase municipal revenue streams, they’re a slam-dunk success.

Virginia to privatize their state-run liquor stores?

Filed under: Bureaucracy, Economics, Law, Wine — Tags: , , , , — Nicholas @ 00:35

Katherine Mangu-Ward on the prospect of Virginia selling off their state-owned liquor stores:

Virginia is one of 18 states where the government is the monopoly rumrunner. Supermarkets, gourmet shops, and corner stores are all forbidden to sell liquor. But Bob McDonnell, the newly-elected Republican governor, has promised to end the monopoly on liquor sales in the Old Dominion.

This bold gesture isn’t because McDonnell is an especially thoroughgoing libertarian; there are plenty of other areas where he’d like to see more state involvement in the private lives of citizens, not less. This isn’t a 12-step program to help the commonwealth go cold turkey on alcohol money either. McDonnell has no intention of letting Virginia’s bottle-based income fall below its current levels of more than $100 million a year. In fact, part of the reason McDonnell is considering privatization at all is that he is looking for cash to spend on transportation infrastructure. He predicts that selling off the state’s 334 liquor stores to private players and gathering licensing fees from more private sellers will bring in $500 million in the short run, while leaving long-run income intact. (The Washington Post remains unconvinced, noting that McDonnell’s figures may be too optimistic.)

But no matter what the political and budgetary machinations, Virginians are unlikely to wind up paying more for their rotgut, and they are very likely to wind up with a better selection and a relatively skeeze-free shopping experience. Commonwealth officials can focus on governing a large landmass without having to fuss with the details of running a liquor empire. And the move may even represent a net gain for the state budget in the future when the state sheds responsibility for ABC employee benefits and pensions, and starts bringing in real estate and other tax revenue from the privatized stores.

I’ve written about Ontario’s LCBO and the (dim) hopes of privatization at the old blog. In 2004, there was a brief flurry of discussion on privatizing the LCBO:

For those of you who don’t live in Ontario, the LCBO is the government-run monopoly provider of almost all alcoholic beverages except beer and wine, which are sold through the Brewers Retail, now operating under the name “The Beer Store” and through individual winery-owned wine stores, respectively. Both the LCBO and the Brewers Retail were set up after the repeal of prohibition in Ontario to control the sale and distribution of alcohol in the province. The LCBO is government-owned, while the Brewers Retail is owned by the major breweries (Labatt, Molson, & Sleeman).

A few elections ago, the Ontario government under Premier Mike Harris started talking about getting the government out of the liquor business. The LCBO, which up until that point had operated like a sluggish version of the Post Office, suddenly had plenty of incentive to try appealing to their customers. Until the threat of privatization, the LCBO was notorious for poor service, lousy retail practices, and surly staff. Until the 1980’s, many LCBO outlets were run exactly like a warehouse: you didn’t actually get to see what was for sale, you only had a grubby list of current stock from which to write down your selections on pick tickets, which were then (eventually) filled by the staff.

If the intent was to make buying a bottle of wine feel grubby, seamy, and uncomfortable, they were masters of the craft. No shopper freshly arrived from behind the Iron Curtain would fail to recognize the atmosphere in an old LCBO outlet.

During the 1980’s, most LCBO stores finally became self-service, which required some attempt by the staff to stock shelves, mop the floors, and generally behave a bit more like a normal retail operation. It took quite some time for the atmosphere to become any more congenial or welcoming, as the staff were all unionized and most had worked there for years under the old regime — you might almost say that they had to die off and be replaced by younger employees who didn’t remember the “good old days”.

To return to the early 1990’s, the LCBO had gone through massive changes (from their own point of view), but were still far behind the times. The threat of being sold to the private sector seems to have operated as a massive injection of adrenalin to the corporate heart: the LCBO suddenly became serious about serving the customer, expanding their services, making themselves more customer-friendly and providing their staff with proper training.

In the end, the Tory government decided that they preferred the direct stream of profits from the LCBO monopoly and backed away from their privatization plans. To my amazement (and probably that of most impartial observers), the LCBO did not immediately fall back into their bad old habits: they continued the modernization that had already taken them so far from their roots.

Today, the LCBO is almost unrecognizable as the Stalinist bureaucracy of the 1960s and 70s. Their staff are generally friendly, helpful, and (mirabile dictu) know far more about their products than ever before.

All that being said, I still am happy to hear that the current government is talking about privatization again. The LCBO is better than it used to be, and continues to improve, but they are still a monopoly provider with little real competition. I don’t pretend that a badly run sale might well end up (in the short-to-medium term) reducing the variety of alcoholic products for sale in Ontario, but having competing retailing channels would (in the long term) produce a healthier market with the competitors striving to attract more customers by better service, wider selection or even (dare we say it) lower prices.

Of course, 2005 came and went, with no movement in the direction of privatization, and it won’t happen under the current provincial government. The revenue stream is still too good for the province to give up.

Fedex vs. UPS

Filed under: Bureaucracy, Economics, Government, Law, USA — Tags: — Nicholas @ 00:15

November 12, 2009

Hoping for a rational decision from the Wine Council of Ontario

Filed under: Cancon, Law, Wine — Tags: , , , — Nicholas @ 08:46

Michael Pinkus thinks there’s going to be a good chance that the bait-and-switch mechanism known as “Cellared in Canada” wine will be forced to adopt accurate labelling:

There’s a new chair over at the Wine Council, and while I don’t want to pat him on the back quite yet, or give him all the credit, he is making some sense. Why should the Wine Council of ONTARIO be lobbying for wines that aren’t 100% Ontario product? The answer is as plain and simple as you believe it is: they shouldn’t; and that’s why it’s nice to see the Wine Council finally putting 2 and 2 together and coming up with the right number (for those on the wine council reading this, and still not getting it, the right number is 4; as in the Wine Council should stand 4 Ontario wines only). Now this is only a “proposal” and one that will be voted on November 17 (which, if approved, does not take effect until April 1, 2010). I strongly urge the Wine Council of Ontario to adopt this proposal, and let the makers of Cellared product fight their own battles, instead of lumping their interests in with the other 70+ wineries you represent who can’t make ANY Cellared product. For the record, the only 7 wineries (by my count) making CiC wines are Jackson-Triggs, Peller, Pillitteri, Colio, Pelee Island, Kittling Ridge and Magnotta, and if they were smart they’d take a page out of the Gabe Magnotta book of labeling. You might have noticed that Magnotta has faired pretty well through this whole Cellared in Canada issue, in fact they’ve come out unscathed in this whole mess. That’s because they have their labeling done right. Need a refresher on their labels? Visit a Magnotta retail outlet near you. Those big bold letters that spell out other countries tells the consumer exactly where the grapes/wines comes from — so simple it’s ingenious, and honest.

Might I also offer the Wine Council another little piece of advice: the idea floated recently about including fruit wineries and those that make 100% Ontario wine, but not necessarily VQA wines, is also a good one. You are the Wine Council of ONTARIO, you should speak for all the wineries of Ontario. Speaking as one voice is much better and more productive than the cacophony of many and maybe, just maybe, more can be accomplished and achieved as an all encompassing unit. The right track for Ontario’s wineries starts on November 17 . . . will the Wine Council finally take on the role of an Ontario wine group — we’ll have to wait and see, I for one remain hopeful.

November 10, 2009

QotD: “It’s not that the FBI is merely incompetent”

Filed under: Bureaucracy, Law, Quotations, Religion — Tags: , , , , , , — Nicholas @ 14:11

You know the scariest thing about this? It’s not that the FBI is merely incompetent. It is that, apparently, so many American Muslims in sensitive positions make contact with Al Qaeda that the FBI is forced to conduct investigatory triage and evaluate whether, in their minds, the emails are merely innocent-for-now banter or something demanding a more urgent response.

Otherwise, why the blow-off? I don’t understand how the FBI could possibly deem any chatter with Al Qaeda harmless and not worth investigating unless so much of this was going on that they had decide which illegal chatter with a hot-war enemy was worth their limited let’s-take-a-looksie-at-this resources.

Ace, “FBI: Hassan’s Al Qaeda Emails Were Probably Just Some Research and Social Chatter and Stuff”, Ace of Spades, 2009-11-10

November 5, 2009

Background on those “Cellared in Canada” wines

Filed under: Cancon, Economics, Law, Wine — Tags: , , , , — Nicholas @ 09:03

In his November Frugal Oenophile newsletter, Richard Best looks at the evolution of that blight on the Ontario wine industry, the “Cellared in Canada” designation:

For some time (since 1973 in fact), Ontario wineries have been allowed to import juice or wine from other countries and then bottle it as their own. Bottles containing mostly foreign wine were originally labeled Product of Canada. Then in 1993 Product of Canada was replaced by Cellared in Canada (CIC). So, what you’ve been reading and hearing about lately is that people don’t get it, and that in an effort to support the local wine industry, they’ve been buying CIC wines and unknowingly underwriting wine factories in California, Chile and elsewhere.

Why Did This Come About

In the beginning, Niagara had thousands of hectares of north American Labrusca grapes the likes of Concord and Niagara and even one called President (“President Champagne” anyone?) When better grapes came along, the Ontario government encouraged growers to grub up their Labrusca vines and replant with French-American hybrids, mostly Vidal, Seyval Blanc, Marechal Foch, and Baco Noir. Then in 1989 the government launched another grubbing up program when some die-hard wineries started planting European Vinifera grapes: Chardonnay, the Cabernets, and especially Riesling. (It’s interesting to note that government experts insisted for decades that Vinifera vines could never succeed in Ontario.)

So, what do you do when you’ve ripped out your vineyard and now must wait 3-5 years to harvest grapes? The simplest solution is to allow wineries to import even more wine with which to “extend” their remaining harvest. Now, the original plan was to phase out the imported wine, with a “sunset” in the year 2000. But by then a few large wineries had shifted their business plan from Canadian fine wine to cheap and cheerful jug wines (but without the jug, at least). It’s pretty hard to change a law that has allowed a few companies to grow rich and dominate the market, so the plan was carved in stone . . . soapstone, as it turns out.

In 1993, when Canada signed the Free Trade Agreement, Ontario put a cap on the entire wine business. Only wineries establish before NAFTA would be allowed to import wine for blending. Moreover, only these wineries could own multiple site licenses. So we now have a two-tiered system: wineries that can do pretty much what they want, and those that can do little more than pay the bills.

It’s hard to pretend that it’s a level playing field for the domestic wine producers when there clearly are two distinct classes enshrined in law.

To subscribe to Richard’s newsletter, send him an email at frugalwine@sympatico.ca with the word SUBSCRIBE in the subject line.

November 4, 2009

No wonder it had to be kept a secret

Filed under: Bureaucracy, Law — Tags: , — Nicholas @ 01:10

Cory Doctorow looks at the “too sensitive to expose to public view” Anti-Counterfeiting Trade Agreement and finds it awful:

ISPs have to proactively police copyright on user-contributed material. This means that it will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn’t infringing will exceed any hope of profitability.

ISPs have to cut off the Internet access of accused copyright infringers or face liability. This means that your entire family could be denied to the internet — and hence to civic participation, health information, education, communications, and their means of earning a living — if one member is accused of copyright infringement, without access to a trial or counsel.

Clueless, but powerful . . . meet powerless, but distributed. Combatants, take your corners.

Update: Your kids could go to jail for non-commercial file sharing.

November 3, 2009

Challenge to human gene patents allowed to proceed

Filed under: Law, Science — Tags: , , , , — Nicholas @ 08:25

A judge has allowed an ACLU challenge to two human gene patents to go to court:

The first-of-its-kind lawsuit by the American Civil Liberties Union and the Public Patent Foundation at the Benjamin Cardozo School of Law claims that the patents violate free speech by restricting research.

U.S. District Judge Robert W. Sweet of New York, in ruling that the case may proceed to trial, noted that the litigation might open the door to challenges of a host of other patented genes. About one-fifth of the human genome is covered under patent applications and claims.

Sweet wrote:

The challenges to the patents-in-suit raise questions of difficult legal dimensions concerning constitutional protections over the information that serves as our genetic identities and the need to adopt policies that promote scientific innovation and biomedical research. The widespread use of gene sequence information as the foundation for biomedical research means that resolution of these issues will have far-reaching implications, not only for gene-based health care and the health of millions of women facing the specter of breast cancer, but also for the future course of biomedical research.

The case against the patent office and patent-holder Myriad Genetics of Salt Lake City is the first to challenge a patented gene under a civil rights allegation — in this case the First Amendment.

October 30, 2009

Cory Doctorow on Britain’s ill-advised ‘3 strikes’ move

Filed under: Britain, Law, Technology — Tags: , , , , — Nicholas @ 12:39

Cory Doctorow would have the British government do something other than their idiotic ill-advised move to enforce the “three strikes” rule:

Peter Mandelson’s proposal to disconnect the families of internet users who have been accused of file sharing will do great violence to British justice without delivering any reduction in copyright infringement. We’ve had 15 years of dotty entertainment industry proposals designed to make computers worse at copying. It’s time that we stopped listening to big content and started listening to reason.

Since 1995 — the year of the WIPO copyright treaties — the entertainment industry has won extrajudicial powers to enforce its rights without the need to prove a case in court. “Notice and takedown”, as the system was called, was supposed to stop copyright infringement on the web. It gave rights holders the power to compel internet service providers to take down material simply by stating that it infringed their rights, and obliged those providers to act or face liability.

A decade and a half later there is no indication that this has reduced copyright infringement online (certainly there is more today than there was in 1995). And, predictably, a system that allows for legalised censorship without penalties for abuse has itself been abused.

We are already at the point where it is a reasonable and sensible thing to say that access to the internet is a human right (at least in the west). Mandelson’s three strikes provision will deny innocent people access to the internet (for all it will take is accusations that do not need to have proof), which for more and more people will be the practical equivalent of being exiled from the country. No internet access would mean children can’t get access to school work, parents can’t get access to their bank accounts, and everyone will be cut off from large parts of their social circle (more and more people depend on email, Twitter, Facebook, and other social media to stay in touch).

Due process? That seems to have been lost in the rush. Proportionality? That’s been gone for years.

Justice is (belatedly) served

Filed under: Law, USA — Tags: , , — Nicholas @ 12:07

A short summary from The Guardian:

The Pennsylvania supreme court has dismissed thousands of juvenile convictions issued by a judge charged in a corruption scandal.

The high court today threw out more than five years worth of cases heard by former Luzerne County Judge Mark Ciavarella. He is charged with accepting millions of dollars in kickbacks to send youths to private detention centres.

The court says that all the convictions are tainted and that the youths may not be retried.

This is very good news for the young people who were railroaded . . . one wonders if a class action lawsuit can now be prepared against the state for the wrongful imprisonment?

October 29, 2009

Another non-surprise development in Britain

Filed under: Britain, Bureaucracy, Law — Tags: , , , — Nicholas @ 07:58

You can’t be a proper Nanny State without properly trained nannies:

Only council-vetted “play rangers” are now allowed to monitor youngsters in two adventure areas in Watford while parents must watch from outside a perimeter fence.

The Watford Borough Council policy has been attacked as insulting and a disgrace by furious relatives who say they are being labelled as potential paedophiles.

Of course, like all such idiotic measures, it’s intended to “protect the children”, so no rational thought is welcome on the subject. All across Britain today, local councils are suddenly wondering if they should adopt the same kind of policy for fear of being held responsible should anything happen.

The Daily Telegraph disclosed on Tuesday how employers will come under pressure to register staff with the Government’s anti-paedophile database even if they have little contact with children

Sir Roger Singleton, the chairman of the Independent Safeguarding Authority, said the scope of the planned database could increase significantly because companies would fear losing business if they did not have their employees vetted.

Last month, he was asked by the Government to look again at the complex definitions of “frequent” and “intensive” contact following concerns that the scheme would lead to state supervision of all relationships between adults and children.

It may not be the intent, but it will almost certainly be the final result.

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