intellectual property

Protectionist Tory euro-snoopers

Jock — Sun, 06 Jul 2008 10:47:59 +0100

Thanks to Liberal conspiracy for highlighting protectionist amendments being sneaked into the Telecoms directive which MEPs will decide on tomorrow:

Liberal Conspiracy » And I’d Have Gotten Away With It Too, If It Hadn’t Have Been For Those Darn Bloggers…

Purple Cthulhu and prominent Brussels-ite Nick Whyte
both report on the sneaky Tories being sneaky and urge you to write to
your Euro MP before they introduce a Euro Law which could take your
internets away. Andrew Ducker has already written, as have many others.

The amendments basically set the scene for forcing ISPs to monitor all their customers' traffic to catch them sharing copyrighted material on the web and to cut customers off if they keep doing it.

Over in the comments on Matt Wardman's blog posting the other day I suggested that this whole surveillance obsession smacks of "we do it because we can". Why should one's electronic communications, voice or data, be any more permissible to be snooped on than any other communication - snail mail, face to face or similar. Just because we can. For a variety of reasons electronic communications leave traces, and traces can always be tracked, but why should they be?

It is true that we need to have a debate about intellectual property and how, or indeed whether, it should be enforced in an era of global instant communication. It appears that the artists tend to be ahead of their production companies in exploring how to use the massive marketing opportunity that is the internet, such as recent experiments in releasing music for free, or on honesty box terms, on the web. But of course it is the media corporations and production companies that are lobbying for this sort of protectionist measure. The debate needs to be held much more widely than that though, and not snuck through where these measures were explicitly removed from the directive last time the European Parliament discussed it.

I have written to Sharon Bowles and Emma Nicholson. I suggest everyone take a look at the details of these amendments and give some thought to writing also to any of their MEPs. It is being debated tomorrow, so act fast!

I very fundamentally believe that the internet in particular is seen as a threat by both governments and corporations who feel they are not able to control it. For me, it is the greatest advance in people communicating with people and eventually needing far less "government" to broker their international relationships or trans-national corporations to broker their trade. But for it to bring about the vast benefits of voluntary co-operation amongst individuals around the world it needs to find its own rules, not have them imposed by those very bodies that are scared of it! read more »

Jock's response: The positive case for negative campaigning

Jock — Thu, 08 May 2008 15:23:14 +0100

Dan Paskins takes me to task for moaning about Labour's tactics against me when they put out that "scurrilous" leaflet while others, including he says the Lib Dems, are doing just as negative things in their leaflets. I should treat it, he says, as an opportunity to debate those issues if I feel so strongly about them and accept that, in such a debate, I might win over some people, or at least their respect for making the case rather than whining.

He provides an example that, in our East Oxford wide tabloid, we ran an article asking whether Andrew Smith, Oxford East's constituency's New Labour MP, was the biggest hypocrite in town for his duplicitous stance on post office closures. He says that as an issue, that too was beyond the remit of the City Council and therefore, by one of my "rules" of discourse not something that should be mentioned in the context of those elections.

Set aside for the moment a leaflet I saw for Hinksey Park ward with a priceless (literally!) picture of Andrew, the Labour council candidate and A N Other hugging a pillar box pledging to keep Grandpont Post Office open. Even if they hadn't made it a campaign issue of their own, economic well-being is, according to their own government, part of the remit of any local authority. The other four districts in Oxfordshire have pledged to fight the closures and to support communities that are affected if they fail in that fight. Already considerable time and effort had gone in, not, it has to be said, much on the part of the city council, as much as by the various bodies that help social enterprises in the county, to keeping Iffley Village Shop and Post Office going after previous owners decided to stop running it. But clearly the campaign issue for Grandpont and Mr Smith's own actions in supporting the closures in parliament are at odds. They made it a campaign issue even if it wasn't. The person in the photos objecting to the closures voted in favour of them when he had the chance. That seems materially different from my case.

Then there's the question as to whether one should simply debate what is thrown at you to debate, or object to it. Well, I don't for one minute believe that putting out a leaflet on the last weekend of the campaign, distorting my views by selective quoting, is an invitation to a debate. After all, I know some Labour lackey had collected the quotes some weeks previously - I saw them trawling through my drug posts in the week commencing 7th April - if they wanted a debate, there would have been time. It was also notable that they did not put out the said leaflet in the part of the ward that might have been expected to be most interested in such a debate, in the halls of residence (though they didn't put anything round the halls of residence to be fair, in their apparent attempt to disenfranchise a quarter of their electorate by not engaging with them). Yes, let's have such a debate. It is all too rare in this country to be able to have a reasoned debate about drugs policy. And stunts like this leaflet prove why.

Dan thinks my position is significantly different from that of my party. It is not. The party concluded that the current system of criminal enforcement was often if not always ineffectual and counter productive, failing to minimize harm and continuing to put users and others into the realms of the brutal organized crime networks supplying these substances. The main difference really between my position and the party position is the action I would take to remedy that - legalize, regulate and tax - whereas the party still feels that legalizing would not be an option even if it wanted to promote that as policy because of international obligations. As their leaflet nearly managed to get right, whilst not strictly legalizing, policy is that people whose only crime is possession of small amounts of any drugs for personal use will not be impriisoned, usually leading them to further addiction and contact with drugs. Honest reporting of my opinion would of course also have said that I believe legalize, regulate and tax is the way to stop drugs getting into the hands of children, for example, which was obviously not even explained to former councillor Standingford when asking for her opinion who went off on one about protecting and educating children about drugs.

No, let's face it, I have a moral right in law to object to my work (this blog) being chopped up into sentences and rearranged out of context to create a derivative work whose sole intention, the evidence suggests, was to bring into question my character or reputation. I will argue that doing so (creating a derivative work against copyright rules) amounts to making a false statement of fact about an opponent (the same cannot be said of claiming, correctly, that Andrew Smith is "supporting post offices" in Labour leaflets, but voting for their closures in Hansard, or indeed in Dan's case that a vote for the Labour Party is support for the party that has recently taken us into several illegal wars). I say again, it is this sort of stunt that puts people off indulging in meaningful progressive debate about what is a significant issue in our world, even if not one that I have any power to do anything about whether elected to the city council or not.

I say supporters of prohibition are accessories to the gangland and drug related deaths that happen at home and abroad as a result of the criminal underworld in which the drugs trade operates with justification. Such moral turpitude on the part of those that would shirk that debate or use the difference of opinion for a little electoral gain is shameful, frankly. It's uncomfortable I'm sure, but call a spade a spade - Labour traded those deaths, past and future, for a few extra votes. read more »

ALTERnative strategies

Jock — Wed, 12 Mar 2008 00:23:28 +0000

A number of others have kindly blogged about the interesting discussion at the ALTER conference fringe event last Saturday night. From the point of view of being on the platform for the first time it was all the more interesting for me. I wanted to pick up on some of the issues that were raised, not so much by the audience, though many were very insightful questions and observations, but the issues raised by both Tony Vickers in his introduction and especially by Vince Cable in his speech.

First, Tony Vickers introduced the whole event by saying that ALTER wanted to spend some time focussing on the second half of our acronym, Economic Reform more generally, rather than Land Tax which we have fixated on thus far. I'm afraid I rather brushed that aside with my little speech about our book, which will now focus more on land than anything else.

I have always taken the view personally that there is indeed more to the essential economic reforms we need to see in an equitable economic system that will benefit the greatest number of ordinary people than just land. I look to the great individualist anarchists and mutualists of the late nineteenth and early twentieth centuries, the fore-runners of the libertarian movement, who all held that there were four great monopolistic systems we needed to eradicate to level the playing field for all - land, banking, intellectual property and the state itself, or most especially the tariffs they use in pursuit of protectionist policy. Indeed my journey to understanding the land problem began with reading books about the debt-money system.

Colleagues involved in the editorial team for the book, whose economics education is far superior to mine, however, are more convinced that the land monopoly underpins all of these others, and whilst I am yet to understand their arguments fully I do I think see roughly where they are coming from. Essentially their argument is that by creating "free land" the power of the worker is increased by enough to offset the coercive power of debt money, that the ability of governments to manipulate a tax system based on market set values of land to effect protectionist policies is reduced and intellectual property becomes much more a negotiable part of an inventor's portfolio rather than something easily "enclosed" by big business as a result of the relative increase of the power of labour versus capital. At least I think that's how it goes.

But anyway, the upshot of all this is that the book will be more about land than about any of the other areas I have been interested in and which Tony suggested we would be looking at in the future. Though no doubt the chapters on each area of policy will show how "free land" feeds through into greater empowerment of the individual and worker.

Second, (we weren't ganging up on Tony, I promise!) Vince again turned the discussion around onto land tax. He said, I think, that we had largely won the theoretical argument on land taxes - that the party acknowledged its potential importance. But that there was much work to be done he said to produce "SMART" (my corporate bingo word, not Vince's) policies that can actually be sold to people (ie voters) and implemented. And on that theme I want to post a few separate thoughts of my own in separate posts in the near future.

James Graham rejoined that actually we need to make the "moral case" for LVT, what I would call, and agree with, the TINA (there is no alternative) argument - though my powers of persuasion in the housing debate on that position were clearly not very good! I could put it a slightly different way - "can we afford not to". And that, I think, is also shaping up to be the real message of the "Liberal Alternative" book.

I will end this introduction to a series of posts on "can we afford not to" with a thought on what seems to be a trait in Liberal Democrat policy making. Do we need to have such detailed plans for exactly how we would proceed from day one of a Lib Dem administration, or should we focus more on getting the "big messages" across. It seems to me that the last time we had a big ideological shift in British government, in 1979, that the Tories had a clear "direction of travel" but were not obsessed with landing in Number 10 with a full set of detailed measures to implement that. They may have had behind the scenes, ready to wheel out when the time was right, but the message to the public in the election was of the broad direction of travel.

This is not something we are alone in. Nowadays every party seems to have to have these details all thrashed out in order to give them credibility amongst the electorate that they would be competent to run the country. But I'm not entirely sure that that is what the voter actually wants - perhaps they want the big ideas rather than the detailed minutiae. I suspect this minute detail is a symptom of our modern managerial one-upmanship and the absence of ideological politics. But surely as a party we actually want to return to ideological politics that we think voters will engage with and be excited by.

I don't think I would be accused of disloyalty if I said that we are not going to be the party of government after the next election! So we spend a lot of time selling detailed policies that we will not get to implement before circumstances, most likely, change again. We have had most success with our "big themes" - we are known for PR, for opposition to war in Iraq, and for the idea, expressed through our previous tax pledges (though I hate to admit it in oh so many ways - not least that it will give succour to the likes of Evan Harris!) that we want "fair" taxation. We can sell LVT as "fair taxation" without minute details as to how it would be implemented, perhaps at most a broad timescale for a tax shift, as the Tories did with reducing income taxes in 1979 - something that actually took them three terms to really implement as far as the average voter would feel in their pocket.

Our detailed policy making produces a couple of not always welcome effects - that we are hostages to fortune - what we promise in one election might one day come back to haunt us several elections later when we make it to Downing Street, and it saves other parties a deal of work thinking for themselves when we create policies that they like to nick. We can of course take some pride in others wanting to use our policies, but people soon forget where they originated, and we risk being forever a glorified "think tank" rather than a party with the big ideas that will win us power. LVT is such an idea. We should not be afraid to tout it without trying to explain to people exactly how it would be implemented except in broad outline until we are closer to being in a position to do so. That will not stop the likes of us in ALTER, however, trying to show the party internally how it might work, but in the end, the detail is what the Treasury is for when we have control of the Great Court! read more »

Ticket Reselling

Jock — Thu, 10 Jan 2008 08:01:27 +0000

I've just been watching a BBC Breakfast package about this issue of reseling tickets for music and sporting events with a "vox pop" where most of the respondents were saying things like reselling is "not fair, because we can no longer afford it".

Well this may not be a populist line to take but I'm sorry, that's tough! Nobody is entitled to attend such an event as of right. What if your preferred art-form is Impressionist art. Are politicians supposed to limit the price at which Sotheby's can sell a Renoir so that every household can afford one? No, you have to settle for a print or poster that you can keep - analogous say to a CD - or perhaps a visit to a one off exhibition to see an original - analogous say to watching the event live on TV.

MPs for once seem to be taking the right line - tighten up on sharp practices, but don't interfere in a legitemate market. read more »

Copyright kills a musical score...

Jock — Thu, 03 Jan 2008 07:54:07 +0000

Damn, just the other night, listening to some music I wanted to check out the score to, I was going to look for a resource such as this...(Via Mises.org again):

A very cool project has been killed by copyright. According to Wikipedia,

"The International Music Score Library Project (IMSLP) was a project for the creation of a virtual library of public domain music scores, based on the wiki principle. Since its launch on February 16, 2006, more than 15,000 scores, for 9,000 works, by over 1,000 composers were uploaded, making it one of the largest public domain music score collections on the web. The project used MediaWiki software to provide contributors with a familiar interface.

"Following a cease and desist letter from Universal Edition of Vienna, IMSLP closed on October 19, 2007... The cease and desist letter expressed concern that some works that are in public domain in the server's location in Canada with copyright protection of 50 years post mortem, but which are protected by the 70 years post mortem term in some other countries were available in those countries. ... It has since moved to a temporary site with no content."

Anyone who loves music ought to mourn its passing. Except for those who also support copyright, who should be tarred and feathered.

(Thanks to Tim Virkkala)
read more »