Quotulatiousness

August 30, 2012

Piracy’s latest hotspot

Filed under: Africa, Law — Tags: , , , , — Nicholas @ 08:23

We’re all aware of the piracy problems along the east coast of Africa, but the west coast is also experiencing a resurgence of pirates:

Piracy has been making a comeback in the last decade. This was initially because Somalia, a state without a government, provided small ports on the coast of East Africa where pirates could bring the merchant ships they had captured, and keep them there, safe from rescue attempts, until a ransom could be negotiated. Now, off West Africa, pirates have come up with another angle. These pirates, believed to be only one well-organized gang at the moment, target small oil tankers operating in the Gulf of Guinea (where Nigeria and its neighbors have oil fields). The pirates quickly board and seize control of a tanker at night. The crew is locked up in an internal space and the tracking devices are disabled. Then the tanker is taken to rendezvous with another tanker, which takes the oil from the hijacked tanker, along with the pirates and their other loot and makes for a port where oil brokers willing to buy stolen oil (at a steep discount) take the pirated cargo, pay the pirates and perhaps tip the pirates off on another small tanker that could be hit.

The hijacked tanker was stripped of portable items of value and then set adrift, where it would soon be found and the crew released. Normally, pirates attack merchant ships anchored near the coast grab all the valuable portables and take off. This is considered armed robbery, although some pirates will kidnap a few of the ships officers and hold them for ransom. But this requires a good hideout and more resources. The pirates who steal oil cargoes require even more technical organization and connections. But because the payoff is so high (millions of dollars for a stolen oil tanker cargo), a growing number of skilled gangsters are being attracted to the business.

All this is something of a piracy revival. Piracy hit a trough from the late nineteenth century into the later twentieth. That was because the Great Powers had pretty much divided up the whole planet, and then policed it. Piracy began to revive in a modest way beginning in the 1970s, with the collapse of many post-colonial regimes.

May 30, 2012

New in the battle against Somali pirates: private convoys

Filed under: Africa, Middle East, Military — Tags: , , , , — Nicholas @ 09:40

At the BBC News site, Martin Plaut reports on the latest attempt to quell piracy off the shores of Somalia:

Off the pirate-infested waters of Somalia, a new force is taking shape.

The private company Typhon is preparing to operate alongside the world’s navies, offering protection to cargo vessels sailing around the Horn of Africa.

But unlike other private security firms which put guards on board other people’s ships, it will offer vessels of its own.

The chief executive of Typhon, Anthony Sharpe, says the plan is to rendezvous with cargo ships which sign up for their protection and form them into a convoy.

The company says it will establish what it is describing as an exclusion zone of one kilometre around the ships.

The company is buying three boats, which are currently being fitted out in Singapore.

Each of its craft will have up to 40 security officers, drawn from former British Royal Marines, as well as a crew of 20.

The ships will be fitted with machine guns and the staff will have rifles.

April 20, 2012

Reason.tv: Too Much Copyright

Filed under: Law, Liberty, Media — Tags: , , , , , , , — Nicholas @ 07:45

“This disconnect between the public’s view of copyright and fair use and what should and should not be prosecuted, versus the ‘copyright maximist’ view of the law, is our generation’s Prohibition,” says Ben Huh, CEO and founder of Cheezburger and a loud voice in the recent backlash to SOPA and PIPA, two congressional bills aimed at curbing internet piracy.

Copyright exists to “promote the useful arts” according to the Constitution. But is it still doing that? And should the government protect so-called “intellectual property” in the same way it protects other forms of property? Reason.tv posed these questions to Ben Huh, as well as a professor and a movie studio representative.

Tom Bell, a law professor specializing in property law, has serious reservations about attempts by groups like the Motion Picture Association of America (MPAA) to equate property and copyright through ad campaigns admonishing viewers with messages like, “You wouldn’t steal a car. Downloading pirated movies is stealing.”

“As soon as we start using [the word] ‘copyright’ for ‘property,’ we start taking less seriously our property rights for things like cars and houses,” says Bell. “When you steal a candy bar or a car, you’ve left somebody without something to eat or something to drive.”

April 10, 2012

The easy days of piracy are fading rapidly

Filed under: Africa, Middle East, Military — Tags: , , , , — Nicholas @ 09:05

Strategy Page has an update on the anti-piracy efforts off the Somalian coastline:

After two years of immense prosperity, the last year has been a disaster for the Somali pirates. For example, in the last eight months, only six ships have been captured, compared to 36 ships in the same eight month period a year ago. Pirate income is down 80 percent and expenses are up. Pirates have to spend more time at sea looking for a potential target, and when they find one, they either fail in their boarding efforts (because of armed guards, or better defense and more alert crews) or find anti-piracy patrol warships and armed helicopters showing up. Unlike in the past, the patrol now takes away the pirates weapons and equipment, sinks their mother ships and dumps the pirates back on a beach. The pirates claim that some members of the anti-piracy patrol simply kill pirates they encounter on the high seas (some nations have admitted doing this, at least once, in the past). But no one does this as official policy, and the rules are still basically “catch and release.” The big change is that the patrol has become much better at detecting pirates, on captured fishing ships, and shutting these pirates down. Often the pirates bring along the crew of the fishing ships, to help with the deception. But the patrol knows which fishing ships have “disappeared” and quickly identify those missing ships they encounter, and usually find pirates in charge. The anti-piracy patrol also has maritime reconnaissance aircraft that seek to spot mother ships as they leave pirate bases on the north Somali coast, and direct a warship to intercept and shut down those pirates. The pirates have been losing a lot of equipment, and time, and money needed to pay for it.

[. . .]

Pirates have responded by finding new targets (ships anchored off ports waiting for a berth) and using new tactics (using half a dozen or more speedboats for an attack.) The pirates still have a powerful incentive to take ships. In 2010, for example, pirates got paid over $200 million in ransom. The year before that it was $150 million. Most of that was taken by the pirate gang leaders, local warlords and the Persian Gulf negotiators who deal with the shipping companies. But for the pirates who took the ship, then helped guard it for months until the money was paid, the take was still huge. Pirates who actually boarded the ship tend to receive at least $150,000 each, which is ten times what the average Somali man makes over his entire lifetime. Even the lowest ranking member of the pirate gang gets a few thousand dollars per ransom. The general rule is that half the ransom goes to the financiers, the gang leaders and ransom negotiators. About a quarter of the money goes to the crew that took the ship, with a bonus for whoever got on board first. The pirates who guard the ship and look after the crew gets ten percent, and about ten percent goes to local clans and warlords, as protection money (or bribes).

[. . .]

For the last four years, Somali pirates have been operating as far east as the Seychelles, which are a group of 115 islands 1,500 kilometers from the African coast. The islands have a total population of 85,000 and no military power to speak of. They are defenseless against pirates. So are many of the ships moving north and south off the East Coast of Africa. While ships making the Gulf of Aden run know they must take measures to deal with pirate attacks (posting lookouts 24/7, training the crew to use fire hoses and other measures to repel boarders, hanging barbed wire on the railings and over the side to deter boarders), this is not so common for ships operating a thousand kilometers or more off the east coast of Africa. Ships in this area were warned last year that they were at risk. Now, the pirates are out in force, demonstrating that the risk is real.

April 2, 2012

EUNAVFOR to get more aggressive against pirates

Filed under: Africa, Europe, Military — Tags: , , , , — Nicholas @ 08:18

Strategy Page explains why the pirates in Puntland are being targeted:

The EU (European Union) agreed, on March 23rd, to allow its anti-piracy force off Somalia (EUNAVFOR) to attack coastal targets and coordinate military operations with the Somali TNG (Transitional National Government). This means that EUNAVFOR ships and aircraft can attack pirate targets on land. Most of the pirate bases (coastal towns and villages) are in Puntland, a self-declared state in northern Somalia. While less violent and chaotic than southern Somalia, Puntland officials are bribed and intimidated (by the superior firepower of the pirate gangs) into inaction. Technically, Puntland is opposed to the pirates, so the EU is hoping that Puntland won’t make a stink when EU forces begin shooting at pirates on the coast.

The EU plan apparently involves going after pirate logistics and fuel supplies in their coastal havens. This could be tricky, as the pirates are well aware of how the Western media works and could easily put many of these targets in residential neighborhoods. The EU could respond by blockading the pirate bases, and attacking pirate attempts to truck in fuel and other supplies. Pirates could put civilians on trucks, or even captured sailors from ships held for ransom. There is no easy solution to the Somali pirates.

April 1, 2012

“Off the Somali coast, everyone is looking for a big payday”

Filed under: Africa, Law, Military — Tags: , , , , , — Nicholas @ 11:54

Strategy Page on recent developments in the anti-piracy campaign off the Somali coast:

To get around laws, in many ports, forbidding weapons aboard merchant ships, security companies operating off the Somali coast have equipped small ships to serve as floating arsenals. The security guards boards, in port, the merchant ships they are guarding, then meet up with the gun ship in international waters so the guards can get their weapons and ammo. The process is reversed when the merchant ships approach their destinations or leave pirate infested waters (and put the armed guards off onto the gun ship.) Maritime lawyers fret that there are no proper laws to regulate these floating armories, or that if there are applicable laws, everyone is not following them. It’s also feared that some enterprising lawyers will seek to represent the families of pirates shot by these armed guards. Off the Somali coast, everyone is looking for a big payday.

In the last three years, more and more merchant ships, despite the high expense, have hired armed guards when travelling near the “Pirate Coast” of Somalia. It began when France put detachments of troops on tuna boats operating in the Indian Ocean, and Belgium then supplied detachments of soldiers for Belgium ships that must move near the Somali coast. These armed guards are not cheap, with detachments costing up to $200,000 a week. There are now over a dozen private security companies offering such services. What makes the armed guards so attractive is the fact that no ship carrying them has ever been captured by pirates. That may eventually change, but for the moment, the pirates avoid ships carrying armed guards and seek less well-defended prey.

March 16, 2012

Copyright MathTM

Filed under: Economics, Media, Technology — Tags: , , , — Nicholas @ 13:38

Now remember kids: always buy your movies and other entertainment items legally. You’ll get this kind of experience:

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

Update, 21 March: The actual numbers — “by an actual Copyright Mathematician” — behind the Copyright MathTM video.

March 2, 2012

Privateers? In our Maritimes? It’s more likely than you think

Filed under: Cancon, History, Military, USA — Tags: , , , — Nicholas @ 11:05

Pirates and Privateers is a half hour documentary airing Sunday, March 4, 2012 at 12 Noon on CBC Land and Sea, that explores the rough-and-tumble history of piracy and privateering in the Maritimes.

January 24, 2012

SOPA Wars II: The Internet Strikes Back

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

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

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

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

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

[. . .]

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

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

January 23, 2012

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

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

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

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

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

January 22, 2012

Paulo Coelho: Pirate my work!

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

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

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

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

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

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

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

H/T to Cory Doctorow for the link.

January 20, 2012

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

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

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

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

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

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

January 19, 2012

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

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

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

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

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

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

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

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

January 13, 2012

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

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

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

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

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

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

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

January 5, 2012

The MPAA over-cooks their numbers to support SOPA

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

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

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

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

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

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