Quotulatiousness

December 5, 2015

Los Angeles comes up with a new way to use technology to make life worse

Filed under: Government, Law, USA — Tags: , — Nicholas @ 02:00

Nick Selby on a new Los Angeles initiative to come up with the worst possible use of technology:

… the monumentally over-reaching idea posed by Nury Martinez, a 6th district Los Angeles city councilwoman, to access a database of license plates captured in certain places around the city, translate these license plates to obtain the name and address of each owner, and send to that owner a letter explaining that the vehicle was seen in, “an area known for prostitution.”

Councilwoman Martinez feels that prostitution is not a “victimless” crime, and that by discouraging johns, the incidence of the crime can be reduced. Martinez told CBS Los Angeles, “If you aren’t soliciting, you have no reason to worry about finding one of these letters in your mailbox. But if you are, these letters will discourage you from returning. Soliciting for sex in our neighborhoods is not OK.”

The Los Angeles City Council voted Wednesday to ask the office of the City Attorney for their help implementing the plan.

Have Ms. Martinez and the Los Angeles City Council taken leave of their senses? This scheme makes, literally, a state issue out of legal travel to arbitrary places deemed by some — but not by a court, and without due process — to be “related” to crime in general, not to any specific crime.

There isn’t “potential” for abuse here, this is a legislated abuse of technology that is already controversial when it’s used by police for the purpose of seeking stolen vehicles, tracking down fugitives and solving specific crimes.

December 4, 2015

Don’t bet on Quebec recapturing all that gambling money

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , — Nicholas @ 03:00

Michael Geist on the Quebec government’s latest attempt to limit the freedom of Quebec internet users:

If there is a first rule of the Internet in Canada, it is “thou shall not block.” Canadian Internet service providers face a wide range of policies that have implications for accessing content including net neutrality rules and the copyright notice-and-notice system. Yet in virtually all cases, blocking or removing content is simply not done (the lone exception is a limited, private sector led initiative to block child pornography images).

My weekly technology law column […] notes that unlike other countries which have dabbled in mandated takedowns or Internet filtering, Canada has largely defended an “open Internet”. Canadian law does not mandate that Internet providers take down content due to unproven allegations of copyright infringement or allow them to alter or change content. In fact, the Telecommunications Act stipulates that “a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.”

Despite the clear legal mandate to avoid blocking, earlier this month the Quebec government introduced unprecedented legislation that would require Internet providers to engage in content blocking. The new bill targets unlicensed online gambling websites as part of the government’s efforts to increase revenues from its own online gambling service, which has thus far failed to meet expectations.

December 2, 2015

What did the ministry officials tell new minister Mélanie Joly about copyright?

Filed under: Cancon, Government, Law — Tags: , — Nicholas @ 03:00

Michael Geist commends the federal government for transparency when they published the briefing information provided to new Heritage minister Mélanie Joly, but points out that the information isn’t complete:

Last week, Canadian Heritage posted the Ministerial briefing book that officials used to bring new minister Mélanie Joly up-to-speed on the issues in her portfolio. The proactive release is a great step toward further transparency. While the mandate letter from the Prime Minister provides insight into government policy priorities, the briefing book sheds light on what department officials view as priorities and how they frame key issues.

The copyright presentation is particularly revealing since it presents Minister Joly with a version of Canadian copyright lacking in balance in which “exceptions are always subject to certain conditions” but references to similar limitations on rights themselves are hard to find. Department officials present a frightening vision of emerging copyright issues, pointing to mandated Internet provider blocking, targeting copyright infringement that occurs on virtual private networks, and “hybrid” legal/illegal services that may be a reference to Canadians accessing U.S. Netflix. The suggestion that Canadian Heritage officials have identified site blocking or legal prohibitions on VPN or U.S. Netflix usage as emerging copyright issues should set off alarm bells well in advance of the 2017 copyright reform process.

So what didn’t officials tell Minister Joly? The reality is that the Minister would benefit from a second presentation that discusses issues such as:

  • the emergence of technological neutrality as a principle of copyright law
  • how Canada may be at a disadvantage relative to the U.S. given the absence of a full fair use provision
  • the growth of alternate licensing systems such as Creative Commons
  • how term extension for sound recordings was passed even though the issue was scarcely raised during the 2012 reform process
  • why extending the term of copyright (as proposed by the TPP) would do enormous harm to Canadian heritage.

Yet none of these issues are discussed in the briefing.

December 1, 2015

A Canadian “Swatter”

Filed under: Cancon, Gaming, Law, Technology, USA — Tags: , , , , , — Nicholas @ 04:00

Cory Doctorow on the intersection of adolescent rage and police militarization, complicated by an international border:

“Obnoxious” is the online name of British Columbia teenager who spent years destroying the lives of women who had the audacity to create popular, lucrative channels on Twitch in which they streamed their amazing video-game play.

Obnoxious would get their IP addresses, dox them, DDoS them, try to blackmail them into befriending him and then to performing on-camera sex-acts for him, he would order pizzas and other crap to their homes, and then he would swat them.

“Swatting” is when you call someone’s local police force and pretend that you are a crazed gunman/bomber in their house, so that the cops show up locked and loaded, fingers on the trigger. At best, you terrorize your victim and her family; at worse, you get the police to murder one or more of them.

Jerks and people with emotional problems have used bomb threats and similar methods for decades. I went to a school where one kid — who was already in and out of residential psychiatric facilities — would routinely call in bomb threats. The precautionary principle applied — we’d go stand on the lawn and the cops would search the building — but there was none of today’s auto-immune disorder, no MRAPs parked on the lawn and cops in Afghanistan-surplus military gear hup-hupping through hallways with their fingers on the triggers.

Shutting down “Obnoxious” proved to be nearly impossible. The jurisdictional problems of getting Canadian cops to care about crimes in America, combined with American cops’ ignorance of “cyber” and tendency to blame the victims (a cop told one survivor of repeat swattings was told to stop playing games and “just pick up a book” to avoid more trouble), combined with the diffused nature of the crimes meant that Obnoxious operated with near-total impunity as he attacked more and more women.

November 28, 2015

“Free speech” means more than just allowing speech you happen to agree with

Filed under: Europe, France, Law, Liberty — Tags: , , , — Nicholas @ 04:00

Brendan O’Neill reminds us that being a supporter of free speech requires you to support those who don’t always agree with you or express themselves in ways you’re comfortable with:

It’s the 21st century and Europe is meant to be an open, enlightened continent, and yet a man has just been sentenced to jail — actual jail — for something that he said. Will there be uproar? It’s unlikely. For the man is Dieudonné M’bala M’bala, the French comedian, and what he says — that Jews are scoundrels and the Holocaust is a fiction — is deeply unpleasant. Yet if we’re serious about freedom of speech, if we are truly committed to ensuring everyone has the liberty to think and say whatever they please, then the jailing of Dieudonné should outrage us as much as the attempts to shut down Charlie Hebdo or the jailing of a Saudi blogger for ridiculing religious belief. We should be saying ‘Je Suis Dieudonné’.

Due to the regimen of hate-speech laws in 21st-century Europe — which police and punish everything from Holocaust denial to Christian denunciations of homosexuality — Dieudonné has been having run-ins with the law for years. In 2009, a French court fined him €10,000 for inviting a Holocaust denier on stage during a gig. In March this year, a French court gave him a two-month suspended prison sentence for saying he sympathised with the attack on Charlie Hebdo and with the anti-Semite who murdered Jews at a Parisian supermarket a few days later. Now, this week, a Belgian court has given him an actual prison sentence: a court in Liège found him guilty of incitement to hatred for making anti-Semitic comments during a recent show and condemned him to two months in jail.

In all these cases, Dieudonné has been punished simply for thinking and saying certain things. This is thought-policing. It’s a PC, spat-and-polished version of the Inquisition, which was likewise in the business of raining punishment upon those who said things the authorities considered wicked. To fine or imprison people for expressing their beliefs is always a scandal, regardless of whether we like or hate their beliefs. Dieudonné really believes the Holocaust is a myth, as much as a Christian fundamentalist believes that people who have gay sex will go to hell or American liberals believe Hillary Clinton will make a good president. He is wrong, massively, poisonously so; but then, so are those Christians about gays and those liberals about Hillary. If every person who says wrong, malicious or stupid things were carted off to jail, Europe’s streets would be emptied overnight.

[…]

It is incredibly illiberal for the state to police hatred. Hatred might not be big or clever, but it’s only an emotion. And officialdom has no business telling us what we may feel — or think, or say, or write. Allowing the state to monitor belief represents a brutal reversal of the Enlightenment itself. John Locke, in his Letter Concerning Toleration (1689), set the tone for the Enlightenment as an attempt to ‘settle the bounds’ between the business of government and the business of morality. ‘The business of laws is not to provide for the truth of opinions, but for the safety and security of every particular man’s goods and person’, he wrote. That ideal is now turned on its head. Across Europe, governments ‘provide for the truth of opinions’, and in the process they silence those they don’t like and patronise the rest of us, reducing us to imbeciles incapable of working out what is right and wrong, and of speaking out against the wrong.

All hate-speech laws should be scrapped. Dieudonné should be freed. And a continent whose governments argue against the imprisonment of bloggers in Saudi Arabia while jailing comedians at home needs to take a long, hard look in the mirror.

November 20, 2015

Canada’s dubious gains from the TPP

Filed under: Cancon, Law, USA — Tags: , , — Nicholas @ 02:00

Michael Geist gives an overview of the pretty much complete failure of Canadian negotiators to salvage anything from the Trans-Pacific Partnership agreement:

The official release of the Trans Pacific Partnership (TPP), a global trade agreement between 12 countries including Canada, the United States, and Japan, has sparked a heated public debate over the merits of the deal. Leading the opposition is Research in Motion founder Jim Balsillie, who has described the TPP as one of Canada’s worst-ever policy moves that could cost the country billions of dollars.

My weekly technology law column […] notes that as Canadians assess the 6,000 page agreement, the implications for digital policies such as copyright and privacy should command considerable attention. On those fronts, the agreement appears to be a major failure. Canadian negotiators adopted a defensive strategy by seeking to maintain existing national laws and doing little to extend Canadian policies to other countries. The result is a deal that the U.S. has rightly promoted as “Made in America.” [a video of my recent talk on this issue can be found here].

In fact, even the attempts to preserve Canadian law were unsuccessful. The TPP will require several important changes to domestic copyright rules including an extension in the term of copyright that will keep works out of the public domain for an additional 20 years. New Zealand, which faces a similar requirement, has estimated that the extension alone will cost its economy NZ$55 million per year. The Canadian cost is undoubtedly far higher.

In addition to term extension, Canada is required to add new criminal provisions to its digital lock rules and to provide the U.S. with confidential reports every six months on efforts to stop the entry of counterfeit products into the country.

November 19, 2015

“Changing Canada’s copyright term … means two decades where zero historical work enters the public domain”

Filed under: Cancon, Law, Media — Tags: , , , , , — Nicholas @ 03:00

There may be good parts of the Trans-Pacific Partnership deal, but there are emphatically bad parts, as Jesse Schooff describes in the particular case of the arbitrary extension of copyright in Canada from fifty years to seventy years:

One of the TPP areas of scope which is critical to discuss is the section on copyright. At this point, several notable bloggers* have covered the TPP’s copyright extension provisions in great detail. But what do those provisions mean for you? Let’s bring it down to the ground. For example: folks in my demographic seem to love seeing old-timey photos of their city. Here in Vancouver, exploring our retro-downtown through old photographs of various eras is practically an official pastime.

A quality source of such photo collections is a city’s municipal archives. Traditionally, an archives’ mandate is to store physical objects and documents, which include the physical “analog” photos taken during most of the 20th century. “Great!” someone might say, “the archives can just digitize those photos and put them up on their website, right?”

Let’s ignore the fact that the solution my strawperson proposes has a host of logistical issues attached, not the least of which is the thousands of work-hours required to digitize physical materials. Our focus is copyright — just because the archives has the original, physical photo in their collection doesn’t mean that they own the rights to it.

You have to remember that our newfangled, internet-enabled society is relatively new. When I was a child, if a person wanted to see a historical photo from a city archives, they would actually have to physically GO to said archives and ask an archivist to retrieve the appropriate fonds containing the photo. Journalists and other professionals likely did this regularly, but for the most part, the public at large didn’t usually head down to a municipal building and ask an archivist to search through their collection just to look at a few old photos.

Today, things are much different. If a municipal archives has digitized a significant portion of, say, their collection of 19th and 20th century historical photos, then those photos can be curated online; made accessible to the public at large for everyone to access, learn from, and enjoy!

[…]

Some of the photos, we’ll call them “Group A”, were explicitly released into the public domain by the photographer, so those are okay to use. Another bunch, “Group B”, are photos whose photographer died more than fifty years ago (1965 and before); any copyright on these photos is expired. Some “Group C” photos were commissioned by a businesses, or the rights were specifically sold to a corporation, which means that the archives will have to get permission or pay a fee to make them available online. Most frustrating is the big “Group D”, whose authorship/ownership is sadly ambiguous, for various reasons**. It would be risky for the archives to include the Group D photos in their collection, since they might be violating the copyright of the original author.

So already, knowing and managing the tangle of copyright laws is a huge part of curating these event photos. Hang on, because the TPP is here to make it even worse.

It’s been long-known that the United States is very set on a worldwide-standard copyright term of seventy years from the death of the author. Sadly, such a provision made it into the TPP. Worse still, a release by New Zealand’s government indicates that this change could be retroactive, meaning that those photos in my hypothetical “Group B” would be yanked out of the public domain and put back under copyright.

November 16, 2015

The Ontario government’s anti-SLAPP legislation

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 03:00

At Techdirt, Tim Cushing looks at the positive and not-so-positive aspects of newly introduced Bill 51:

Good news for Canadians! Well…some of them. This good news only applies to a) Ontario residents who a.1) aren’t vexatious litigants who use BS defamation lawsuits to silence critics.

    Bill 52, which changes the Courts of Justice Act, the Libel and Slander Act and the Statutory Powers Procedure Act, received royal assent Nov. 3.

    The bill contains a provision that “would allow the courts to quickly identify and deal with lawsuits that unduly restrict free expression in the public interest, minimizing costs and other hardships endured by the defendant,” said Yasir Naqvi, Ontario’s Liberal Community Safety and Correctional Services Minister, last March during a debate on the bill. “It will extend qualified privilege in defamation law under the Libel and Slander Act.”

In other words, it’s an anti-SLAPP law. A handful of states in the US have recognized the damage bogus litigation can do to defendants even when plaintiffs clearly don’t have an actionable case. Laws like these also neutralize the chilling effect of bogus legal threats. Holding frivolous litigants responsible for legal fees tends to greatly reduce the number of questionable cease-and-desist demands issued by would-be litigants.

That such a law would be passed in Canada is somewhat of a coup considering its courts’ bizarre decisions in defamation cases. In some cases, courts have come to rational conclusions (Google is not a “publisher” of defamatory material simply by linking to it in search results). In others, courts opened up brand new avenues of liability, like in the case of blogger Michael Veck, who was ordered to pay $10,000 to the defamed party despite only re-posting what another writer had actually written.

November 12, 2015

Small claims court case with wider copyright implications

Filed under: Cancon, Law, Media, Wine — Tags: , , — Nicholas @ 04:00

Michael Geist discusses a recent small claims court judgement:

… the case involved the president of the Canadian Vintners Association (CVA), who received an email from Blacklock’s Reporter, an Ottawa-based political publication, advising that he was quoted in an article discussing a recent appearance before a House of Commons committee. The man did not subscribe to the publication, which places its content behind a paywall, so he contacted a member of the association who was a subscriber and asked if he could see a copy of the article. When Blacklock’s Reporter learned that he had received a copy from the subscriber, it demanded that he pay for a full subscription or face a copyright infringement lawsuit.

While this does not sound like a copyright case, the Ottawa court ruled that the man had violated Canada’s copyright rules by breaching the publication’s paywall (an act it described as a circumvention of a digital lock) and awarded $11,470 in damages plus an additional $2,000 in punitive damages.

The Canadian digital lock rules were enacted in 2012 under pressure from the United States, which wanted Canada to mirror its safeguards on e-books, DVDs, and other digital content. Those rules typically cover circumvention of popular consumer products, but rarely involve website access. In fact, there are several U.S. cases that have concluded that sharing a valid username and password combination with someone else does not constitute circumvention for the purposes of the law.

Yet in the Blacklock’s Reporter case, the president of the CVA did not even try to access the publication’s site with someone else’s credentials. Indeed, it is difficult to see how asking for a copy of a lawfully obtained article could possibly be considered circumvention of a digital lock. Moreover, there is also a strong argument based on several Supreme Court of Canada decisions that providing the copy qualifies as fair dealing under Canadian copyright law.

As a small claims court ruling, the case has no value as precedent (and could still be appealed). However, it places the spotlight on the restrictive digital lock rules that have already caused a chilling effect within Canadian educational institutions, which often fear that circumvention for legitimate, educational purposes may violate the law.

November 9, 2015

Shocking cheese-related crime in France

Filed under: Europe, Food, France, Humour, Law — Tags: — Nicholas @ 03:00

Ace of Spades H.Q. has the details:

Sacre Vache! Thieves Steal 4 Tonnes of Comte Cheese, In What Police Are Calling “A Crime That Happened This Century”

Four tonnes of comte. Street value: almost one half of one million dollars, maybe more if you step on it and cut it with brie.

Police describe themselves as “vaguely interested” in this case.

Interpol has been called, but didn’t pick up a phone. So an email was sent. The email was marked, “When you get to it.”

    Some thieves in France have made off with a rather odd prize recently — four tonnes of cheese.

    Police were called to a break-in on Monday in which the owner of the Napier dairy in the town of Goux-les-Usiers discovered some crooks had stolen roughly 100 wheels of comte, a luxury cheese which can only be made in the Franche-Comte region using unpasteurised cow’s milk.

Unpasteurized — that’s the good shit. That’s what hooks you, that’s what makes you a junkie. Once you’re hooked on cheese made of unpasteurized milk, you’ll spend the rest of your life “Chasing the Cow,” walking down lonely streets and breaking into seedy fromageries looking to score your next “wheel.”

    …

    It might seem like a crime by someone with a fairly extreme dairy fetish, but police believe the cheese was stolen by a gang who will sell it on the black market.

    Comte can sell for 40 [Euros] a pound, making it just as valuable to thieves as jewellery or electrical goods.

You can tell how “pure” cheese is by sticking your pinky into it and then rubbing the cream on your gums. If your gums feel like they’re on fire — that’s pure, baby.

November 7, 2015

QotD: Humane punishment for criminals

Filed under: Government, Law, Quotations — Tags: , — Nicholas @ 01:00

Modern countries pride themselves on their humane treatment of prisoners. And by “humane”, I mean “lock them up in a horrible and psychologically traumatizing concrete jail for ten years of being beaten and raped and degraded, sometimes barely even seeing the sun or a green plant for that entire time, then put it on their permanent record so they can never get a good job or interact with normal people ever again when they come out.”

Compare this to what “inhumane” countries that were still into “cruel and unusual punishment” would do for the same crime. A couple of lashes with the whip, then you’re on your way.

Reader. You have just been convicted of grand theft auto (the crime, not the game). You’re innocent, but the prosecutor was very good at her job and you’ve used up all your appeals and you’re just going to have to accept the punishment. The judge gives you two options:

1) Five years in prison
2) Fifty strokes of the lash

Like everyone else except a few very interesting people who help provide erotic fantasies for the rest of us, I don’t like being whipped. But I would choose (2) in a fraction of a heartbeat.

And aside from being better for me, it would be better for society as well. We know that people who spend time in prison are both more likely to stay criminals in the future and better at being criminals. And each year in jail costs the State $50,000; more than it would cost to give a kid a year’s free tuition at Harvard. Cutting the prison system in half would free up approximately enough money to give free college tuition to all students at the best school they can get into.

But of course we don’t do that. We stick with the prisons and the rape and the kids who go work at McDonalds because they can’t afford college. Why? Progressives!

If we were to try to replace prison with some kind of corporal punishment, progressives would freak out and say we were cruel and inhumane. Since the prison population is disproportionately minority, they would probably get to use their favorite word-beginning-with-“R”, and allusions would be made to plantation owners who used to whip slaves. In fact, progressives would come up with some reason to oppose even giving criminals the option of corporal punishment (an option most would certainly take) and any politician insufficiently progressive to even recommend it would no doubt be in for some public flagellation himself, albeit of a less literal kind.

So once again, we have an uncanny valley. Being very nice to prisoners is humane and effective (Norway seems to be trying this with some success), but we’re not going to do it because we’re dumb and it’s probably too expensive anyway. Being very strict to prisoners is humane and effective – the corporal punishment option. But being somewhere in the fuzzy middle is cruel to the prisoners and incredibly destructive to society – and it’s the only route the progressives will allow us to take.

Scott Alexander, “Reactionary Philosophy In An Enormous, Planet-Sized Nutshell”, Slate Star Codex, 2013-03-03.

November 6, 2015

QotD: The slow erosion of freedom of expression

Filed under: Law, Liberty, Media, Quotations — Tags: , , — Nicholas @ 01:00

This slow erosion of freedom of expression has come about in ways both social and legal. Before the 1960s, arguments for censorship tended to focus on sexual morality, pornography and obscenity. The censors themselves were usually depicted as benighted moral conservatives — priggish maiden aunts. Freedom of political speech, however, was regarded as sacrosanct by all. As legal restraints on obscenity fell away, however, freedom of political speech began to come under attack from a different kind of censor — college administrators, ethnic-grievance groups, gay and feminist advocates.

The new censors advanced such arguments as that “free speech can never be an excuse for racism.” These arguments are essentially exercises both in begging the question and in confusing it. While the principle of free speech cannot justify racism any more than it can disprove racism, it is the only principle that can allow us to judge whether or not particular speech is racist. Thus the censor’s argument should be reversed: “Accusations of racism can never be an excuse for prohibiting free speech.”

Meanwhile, the narrowly legal grounds for restricting speech changed, too. Since the 18th century, the basic legal justifications for restricting political speech and publication were direct incitement to harm, national security, maintaining public order, libel, etc. Content wasn’t supposed to be considered (though it was sometimes smuggled in under other headings).

Today, content is increasingly the explicit justification for restricting speech. The argument used, especially in colleges, is that “words hurt.” Thus, universities, parliaments, courts and various international bodies intervene promiscuously to restrict hurtful or offensive speech — with the results described above. In the new climate, hurtful speech is much more likely to be political speech than obscene speech.

John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.

October 29, 2015

For a change, a sensible trademark ruling

Filed under: Americas, Business, Cancon, Law — Tags: , , , — Nicholas @ 03:00

Timothy Geigner on a remarkably sensible trademark judgement from a BC court:

For this, we travel up to Canada, where a Federal Court judge presided over a trademark dispute between Pacific Western Brewing and Cerveceria del Pacifico over the branding of their brews. At issue was the labels on packaging for PWB’s Pacific Pilsner and Cerveceria’s Pacifico Clara. PWB argued at court that the branding and language was too similar and would confuse customers. Here are samples of each beer’s branding.

Pacific Pilsner vs Pacifico Clara Cerveza

So, yeah, other than roughly similar uses of the word “Pacific”, there’s not a whole lot of similarity here. Normally, this is about when we’d hold our collective breaths and wait to see if the court comes down with a sensible ruling based on the likelihood of customer confusion, or if the court instead chooses the over-protectionist route, focusing on the common language and nothing else. In this case, Justice Luc Martineau appears to have gotten every last bit of it right.

    Martineau said the first impression given by the label Cerveceria uses for its Pacifico brand “is of its obviously foreign origin” and that it’s “highly stylized, with many distinctive design elements, including strong and contrasting colours and font in red, gold, blue, green and yellow.” He further said the label “differs visually, phonetically, and semantically” from all of the marks PWB uses for its Pacific brands of beers.

    Martineau also dismissed as without merit PWB’s argument that contrary to a statement on the register, Cerveceria del Pacifico was not first sold in Canada as early as April 1986. He noted that an affidavit from Cerveceria stating the beer was introduced at Expo ’86, where it was sold at a Mexican restaurant called Ole Cantina, was not challenged by PWB counsel. By December 1989, Pacifico was listed with the B.C. Liquor Distribution branch and in August 1990, a registration protecting the mark was issued.

    “The delay of almost 25 years before attempting to invalidate the registration weighs heavily against a finding of confusion,” Martineau said of PWB’s action.

October 27, 2015

QotD: The new censors

Filed under: Europe, Law, Liberty, Quotations, Religion, USA — Tags: , , — Nicholas @ 01:00

Governments began to treat those threatened for their opinions almost as harshly as those attacking them. Dutch legal authorities tried repeatedly, if unsuccessfully, to prosecute Mr. Wilders for “inciting hatred” with his film. He was briefly prohibited from entering Britain. In 2006, Tony Blair’s government passed the Racial and Religious Hatred Act — a kind of “blasphemy lite” law — ostensibly designed to protect all religions against threatening expression but generally understood as intended to limit hostile criticism of Islam. Both the U.S. and the European Union have entered into a dialogue in recent years with the 56 states of the Organization of the Islamic Conference, which is seeking an international law prohibiting blasphemy. In 2011, Secretary of State Hillary Clinton told the OIC that, while the First Amendment prevented the U.S. from prohibiting speech, the administration might still “use some old-fashioned techniques of peer pressure and shaming so that people don’t feel they have the support to do what we abhor.”

Admittedly, it is difficult to draw a clear line between criticism of an Islamic belief and an attack on Muslims who believe it. If you denounce a belief as absurd, you are implicitly criticizing the believers as credulous fools. Christians have to endure explicit denunciations of their faith all the time from such writers as Richard Dawkins and Sam Harris. And so they should. If you can’t stand the heat, don’t listen to hellfire sermons from atheists.

Hearing criticisms of your own convictions and learning the beliefs of others are training for life in a multifaith society. Preventing open debate means that all believers, including atheists, remain in the prison of unconsidered opinion. The right to be offended, which is the other side of free speech, is therefore a genuine right. True belief and honest doubt are both impossible without it.

It isn’t just some Muslims who want the false comfort of censoring disagreeable opinions. Far from it. Gays, Christians, feminists, patriots, foreign despots, ethnic activists — or organizations claiming to speak for them — are among the many groups seeking relief from the criticism of others through the courts, the legislatures and the public square.

John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.

October 24, 2015

The (vicious) economic model of the music industry

Filed under: Business, Law, Media — Tags: , — Nicholas @ 02:00

A post by Kristine Kathryn Rusch from a few years ago, talking about the “standard” abuses musicians were subject to under 1990s-era studio contracts:

Those of us who exist on the periphery of the music industry have heard for years that new artists and even established ones can’t make money in the traditional music industry.

I didn’t understand that until I read Jacob Slichter’s So You Wanna Be A Rock ’N Roll Star several years ago. He wrote about a system in which a musician who signed a deal with a major record label could end up owing the label tens if not hundreds of thousands of dollars. He delineated it all out in a long book that showed just how the label ended up taking a naïve artist and putting him into debt.

Slichter said this was why so many rock bands disbanded — because the band itself was a legal entity and as a legal entity it was in hock to the studio. The only way the musicians could continue to perform and try to earn money from their music was to create a new legal entity and abandon the old one. Otherwise, they were working in a kind of indentured servitude.

Think this is just sour grapes from one musician who didn’t make it big? Look at a link that a reader from last week gave me. It’s from a magazine I’ve never heard of called Maximum Rock ’n’ Roll and was written by rock producer named Steve Albini. I’m not so sure how dodgy this website is that I’m sending you to — I don’t know if they violated Mr. Albini’s copyright by reproducing this piece. I’m going to trust that they didn’t, because y’all need to see these numbers.

For those of you who can’t be bothered to check the link, Albini lays out the line-by-line “costs” that the musicians agreed to when they signed their record deal. The musicians received a $250,000 advance. But by the time the album got released and the tour was completed, the advance was gone — and the musicians owed the record label $14,000.

You’re understanding me right. The “standard” contractually negotiated costs that the musicians agreed would come out of their pockets came to $264,000. The only way for the artists to recoup that loss was to sign a new deal with the label, often at lesser terms. If the label even wanted to sign them. (That part is courtesy of Slichter)

How much did the label earn — with the same costs deducted?

$710,000. In 1990s dollars.

Albini also lists how much each “player” made. He includes a producer ($90,000), a manager ($51,000), an agent, ($7500) and a lawyer ($12,000).

He writes, “The band is now ¼ of the way through its contract, has made the music industry more than 3 million dollars richer, but is in the hole $14,000 in royalties. The band members have each earned about 1/3 as much as they would working at a 7-11, but they got to ride in a tour bus for a month. The next album will be about the same, except that the record company will insist they spend more time and money on it. Since the previous one never ‘recouped,’ the band will have no leverage and will oblige.”

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