Quotulatiousness

March 14, 2012

Michael Geist rounds up the changes to Bill C-11

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , , , , — Nicholas @ 11:58

It’s not wonderful, but as he points out, it could have been much worse:

In the days leading up to the clause-by-clause review, many focused on three key issues: no SOPA-style amendments such as website blocking or warrantless disclosure of information, maintaining the fair dealing balance found in the bill, and amending the digital lock provisions. By that standard, the changes could have been a lot worse. The government expanded the enabler provision, though not as broadly as CIMA requested. Virtually all other copyright lobby demands – website blocking, notice-and-takedown, iPod tax, copyright term extension, disclosure of subscriber information – were rejected. Moreover, the provisions supported by consumer and education groups including user generated content protection, time shifting, format shifting, backup copies, Internet provider liability, and statutory damages reform were left untouched. This represents a major victory for the many Canadians and groups such as Open Media that spoke out on these issues.

The fair dealing provision was similarly left unchanged despite a full court press from publishers and copyright collectives who sought elimination of the education category within fair dealing (didn’t happen), inclusion of the Berne three step test in the law (didn’t happen) or a new fair dealing test that overrules the Supreme Court of Canada CCH test (didn’t happen). The expanded fair dealing provision will not cause the horrors claimed by those groups and it is heartening that the government dismissed the misinformation campaign.

The only loss was the least surprising — digital locks. Despite widespread support for compromise legislation and sensible amendments from both the NDP and Liberals, the government rejected any changes. Given the government’s consistent support for digital locks, the ongoing pressure from the U.S., and Prime Minister Harper’s direct intervention on the issue in 2010, amending the digital lock rules presented a major challenge. Government MPs yesterday emphasized the possibility of future new exceptions via regulation but that will be cold comfort in the short term to those with perceptual disabilities, researchers, documentary film makers, consumers, and the many others adversely affected by the restrictive approach. In fact, one NDP MP raised the possibility of constitutional challenges to the bill.

March 12, 2012

Bad Romance: Women’s Suffrage

Filed under: History, Liberty, USA — Tags: , , , — Nicholas @ 15:00

Bad Romance: Women’s Suffrage is a parody music video paying homage to Alice Paul and the generations of brave women who joined together in the fight to pass the 19th Amendment, giving women the right to vote in 1920.

H/T to Katherine Mangu-Ward for the link.

March 11, 2012

Music control freaks? The Nazis got there well before you

Filed under: Europe, Germany, History, Liberty, Media — Tags: , , , , — Nicholas @ 10:27

J.J. Gould in The Atlantic a couple of months ago, but brought to my attention by the folks at BoingBoing:

Skvorecky left no shortage of legacies to remember him by, but one of the more notable themes in his nonfiction writing is an emphasis on, as Welch puts it, “the oftentime minute similarities between applied fascism and communism.” And some of Skvorecky’s more notable variations on that theme in turn are found in his recollections and insights on the common totalitarian hatred of, among all things, jazz.

[. . .]

Anyone who finds this proposition fascinating won’t, I promise, be disappointed to read the rest of this book, or for that matter all of Talkin’ Moscow Blues: Essays About Literature, Politics, Movies, and Jazz. But maybe the single most remarkable example of 20th-century totalitarian invective against jazz that Skvorecky ever relayed was here in the intro to The Bass Saxophone, where he recalls — faithfully, he assures us (“they had engraved themselves deeply on my mind”) — a set of regulations, issued by a Gauleiter — a regional official for the Reich — as binding on all local dance orchestras during the Nazi occupation of Czechoslovakia. Get this:

  1. Pieces in foxtrot rhythm (so-called swing) are not to exceed 20% of the repertoires of light orchestras and dance bands;
  2. in this so-called jazz type repertoire, preference is to be given to compositions in a major key and to lyrics expressing joy in life rather than Jewishly gloomy lyrics;
  3. As to tempo, preference is also to be given to brisk compositions over slow ones so-called blues); however, the pace must not exceed a certain degree of allegro, commensurate with the Aryan sense of discipline and moderation. On no account will Negroid excesses in tempo (so-called hot jazz) or in solo performances (so-called breaks) be tolerated;
  4. so-called jazz compositions may contain at most 10% syncopation; the remainder must consist of a natural legato movement devoid of the hysterical rhythmic reverses characteristic of the barbarian races and conductive to dark instincts alien to the German people (so-called riffs);
  5. strictly prohibited is the use of instruments alien to the German spirit (so-called cowbells, flexatone, brushes, etc.) as well as all mutes which turn the noble sound of wind and brass instruments into a Jewish-Freemasonic yowl (so-called wa-wa, hat, etc.);
  6. also prohibited are so-called drum breaks longer than half a bar in four-quarter beat (except in stylized military marches);
  7. the double bass must be played solely with the bow in so-called jazz compositions;
  8. plucking of the strings is prohibited, since it is damaging to the instrument and detrimental to Aryan musicality; if a so-called pizzicato effect is absolutely desirable for the character of the composition, strict care must be taken lest the string be allowed to patter on the sordine, which is henceforth forbidden;
  9. musicians are likewise forbidden to make vocal improvisations (so-called scat);
  10. all light orchestras and dance bands are advised to restrict the use of saxophones of all keys and to substitute for them the violin-cello, the viola or possibly a suitable folk instrument.

March 6, 2012

Meme replacement for “… is my next band name”

Filed under: Humour, Media, Randomness — Tags: , , , — Nicholas @ 00:10

(Remember to mouse-over for the rest of the joke, or click the image to see it on the xkcd site)

March 4, 2012

The continuing musical influence of Charles Mingus

Filed under: History, Media, USA — Tags: , — Nicholas @ 00:06

A post from a few weeks back, but still relevant:

Charles Mingus was recognized in his lifetime as a virtuoso bassist, accomplished pianist and bandleader. Today his enduring legacy may be as a major 20th-century composer. To grasp some sense of his growing importance, consider the fact that his entire body of work has been acquired by the Library of Congress. This is not only a first for jazz, but also for an African-American composer. At this death he left behind more than 100 albums and over 300 compositions — music that is still considered far ahead of its time. In the field of jazz, his is the largest legacy of composition in American music after Duke Ellington.

To think of Mingus as a jazz musician is correct — at least to a certain degree, but the term should be understood in its broadest sense. He was influenced by composers of many different stripes, and it wouldn’t be hard to find passages with as much kinship to Debussy as to gospel and blues. Imagine hearing jazz performed by bassoon, flute, bass clarinet and horn, and you begin to get the subtlety of this composer. Yes, of course, the saxophones, brass and rhythm sections are there too, but this is music that surprises at every turn. Listening beyond the instrumental colors takes us into a world whose treatment of harmony and time is truly unique. Mingus can easily shift between an almost stately blues pace to a double time passage that could have belonged to bebop, and just as fluently, he can take us back out of that hectic rate to his original pace without the least amount of discomfort to the listener. His chord changes are advanced, unpredictable and yet entirely “right” to the ear. To improvise in Mingus is to reach well beyond the tonal palette of traditional “changes”. His is a truly original voice.

I know very little about music, but I’ve loved almost every Mingus piece I’ve heard. He quickly became one of my favourite jazz performers.

February 29, 2012

“Taken together, the [Canadian] music industry demands make SOPA look like some minor tinkering with the law”

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 11:51

Michael Geist on the representatives of the Canadian music industry and their breathtaking demands for modifications to Bill C-11:

The steady procession of Canadian music industry representatives to the Bill C-11 committee continues today with the Canadian Independent Music Association (CIMA) ready to add to an already long list of industry demands to completely overhaul the bill. The music industry demands keep growing, but CIMA’s list is the most radical to date as it would create liability risk for social networking sites, search engines, blogging platforms, video sites, aggregators, and many other websites featuring third party contributions. If that were not enough, the industry is also calling for a new iPod tax, an extension in the term of copyright, a removal of protections for user generated content, parody, and satire, as well as an increase in statutory damage awards. Taken together, the music industry demands make SOPA look like some minor tinkering with the law.

Note that industry had already called for SOPA-style reforms such as website blocking and expanded liability that could extend to sites such as YouTube before the hearings began. This week has seen an industry lawyer inaccurately portray global approaches to digital lock rules and a musician association demand full statutory damages of up to $20,000 per infringement for non-commercial infringements by individuals.

Those demands are nothing compared to what CIMA has in mind, however. Topping the list is a massive expansion of the enabler provision. The music industry wants to remove a requirement that the so-called pirate sites be “designed primarily” to enable copyright infringement.

[. . .]

There is virtually no limit to prima facie liability under this provision as most sites can be said to enable some infringement, particularly if they allow for users to post or interact with the site. This includes sites like Google, Facebook, Reddit, and Youtube. All of these sites — indeed virtually any blogging platform, social network, search engine, or website that offers third party contributions — would face the risk of a prima facie claim under the music industry’s vision of the enabler provision.

February 27, 2012

Goodbye and good riddance to the architect of “Canadian Content” media rules

Filed under: Cancon, Media — Tags: , , , , — Nicholas @ 10:28

Marni Soupcoff on the lasting legacy of former CRTC head Pierre Juneau, the mandatory “CanCon” ratio for TV and radio:

Former CBC and CRTC president Pierre Juneau died last week at the age of 89, and the requisite obituaries followed. Almost all of them congratulated Mr. Juneau on his most well-known achievement: having mandated minimum standards for Canadian content on radio and television. It is an unfortunate legacy.

The troubles with CanCon requirements are both moral and practical: It is not simply wrong to try to forcibly engineer a population’s taste in music in television. It is also impossible. People like what they like, and if what they like is Canadian, they will watch and listen to it even absent rules dictating that they must. If what they like isn’t Canadian, rules saturating the airwaves with all the Loverboy ditties in the world won’t make them tune in.

So even if you aren’t bothered by CanCon rules’ violation of freedom of expression, you should at least ask yourself how effective the regulations can possibly be — especially today. More and more people are selecting their music and television shows on their own, now, picking an episode from iTunes here, a free song download from a band’s webpage there. The idea that the nation’s culture can be shaped by mandating the nationality of prime-time content on TV networks and radio stations is as antiquated as it was flawed to start with. And we’re wasting money and time by continuing to force media outlets to comply.

And yes, my Cancon blog category is a backhand at the longstanding regulation.

February 23, 2012

Reason.tv: Months later, still no charges in the Gibson Guitar raid

Filed under: Bureaucracy, Government, Law, USA, Woodworking — Tags: , , , , — Nicholas @ 13:36

Earlier posts on the Gibson raid here, here, here, and here.

Michael Geist on why Canada should not appear in the US piracy watchlist

Filed under: Cancon, Law, Liberty, Media, Technology, USA — Tags: , , , , — Nicholas @ 13:16

You’d think, as Canada ranks 13th in the world for strength of intellectual property protection (much higher than the US at 24th spot), there’d be no question that Canada should not be considered as a “piracy haven”. But you’d be wrong:

In what has become an annual rite of spring, each April the U.S. government releases its Special 301 report — often referred to as the Piracy Watch List — which claims to identify countries with sub-standard intellectual property laws. Canada has appeared on this list for many years alongside dozens of countries. In fact, over 70% of the world’s population is placed on the list and most African countries are not even considered for inclusion.

While the Canadian government has consistently rejected the U.S. list because it “basically lacks reliable and objective analysis”, this year I teamed up with Public Knowledge to try to provide the U.S. Trade Representative Office with something a bit more reliable and objective. Public Knowledge will appear at a USTR hearing on Special 301 today. In addition, last week we participated in meetings at the U.S. Department of Commerce and USTR to defend current Canadian copyright law and the proposed reforms.

The full submission on Canadian copyright is available here. It focuses on four main issues: how Canadian law provides adequate and effective protection, how enforcement is stronger than often claimed, why Canada is not a piracy haven, and why Bill C-11 does not harm the interests of rights holders (critics of Bill C-11 digital lock rules will likely think this is self-evident).

February 20, 2012

Cello Wars

Filed under: Humour, Media — Tags: , , — Nicholas @ 23:33

January 28, 2012

Sonny Rollins honoured, but Kennedy Center misses an opportunity

Filed under: Media, USA — Tags: , , — Nicholas @ 13:14

One of the best jazzmen of the 20th century was recognized in an event at the Kennedy Center recently:

Was there a single jazz musician in the audience for the Kennedy Center Honors ceremony last month? Besides Sonny Rollins, that is, who was one of the five honorees. From what I saw on the CBS telecast of the ceremony, the only jazz musicians in the house were those hired hands who were on stage playing in Sonny’s honor. Is it possible that no other jazz players were there? It’s more likely that the show’s producers wouldn’t recognize a jazz musician even at close range, so all we got were long shots of the Obamas and movie and pop stars. At least the President and First Lady looked like they’d heard jazz before they got to the Center, and surely they appreciated Bill Cosby’s irony-laced introduction. But how many people in that bejeweled crowd had ever heard a note by the Saxophone Colossus?

Granted, it was great to see Sonny getting the honor, to watch the montage of images from his career and hear the narrative voiced by Cosby. Cos described his own surprise encounters with people in far flung places abroad who in the midst of their daily routines were listening to Rollins, then concluded his remarks by welcoming Sonny “home” to his native land. But notwithstanding the primacy of jazz in American performing arts, the music long ago lost its appeal for the masses, and even the curious may know little about its history and Newk’s place in it. Thus while Cosby’s comments spoke to his personal admiration for Rollins, the occasion called for something more, the kind of critically-grounded statement that a Stanley Crouch or Gary Giddins or Bob Blumenthal could have provided. But a teaching moment like this was squandered, while the most resonant image may have been the sign of Rikers Island displayed among Rollins’s personal landmarks.

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 15, 2012

Tim Tebow and David Bowie, as one: Tebowie

Filed under: Football, Humour, Media — Tags: , , — Nicholas @ 11:59

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 6, 2012

Michael Geist: help save Canada’s liberal public domain rules

Filed under: Books, Cancon, Law, Liberty, Media — Tags: , , — Nicholas @ 11:56

Canada’s standards for when works enter the public domain are more liberal than those in the US and Europe (that is, we provide shorter — but still generous — periods of copyright protection). Michael Geist says that these standards may be at risk soon:

Canada celebrated New Year’s Day this year by welcoming the likes of Ernest Hemingway and Carl Jung into the public domain just as European countries were celebrating the arrival of James Joyce and Virginia Woolf, 20 years after both entered the Canadian public domain. Canada’s term of copyright meets the international standard of life of the author plus 50 years, which has now become a competitive advantage when compared to the United States, Australia, and Europe, which have copyright terms that extend an additional 20 years (without any evidence of additional public benefits).

In an interesting coincidence, the Canadian government filed notice of a public consultation on December 31, 2011 on the possible Canadian entry into the Trans Pacific Partnership negotiations, trade talks that could result in an extension in the term of copyright that would mean nothing new would enter the Canadian public domain until 2032 or beyond. The TPP covers a wide range of issues, but its intellectual property rules as contemplated by leaked U.S. drafts would extend the term of copyright, require even stricter digital lock rules, restrict trade in parallel imports, and increase various infringement penalties. As I noted last month, if Canada were to ratify the TPP, it would require another copyright bill to undo much of what the government is about to enact with Bill C-11.

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