And right on cue… …a massive abuse of copyright legislation.
May 30, 2007 on 1:08 am | 1 CommentCategories: Uncategorized
Tags: bpi, british-phonographic-industry, cd-wow, cds, copyright, court, hong-kong, intellectual-property, ip, law, music, music-industry
CD-Wow, the popular online music retailer has been ordered to pay £41m compensation to the British Phonographic Industry (BPI) for… buying CDs in Hong Kong and selling them to UK customers, in violation of its 2004 undertaking not to do so.
Hang on a minute. These are legal, legitimate CDs - I know because I’ve bought a few myself.
CD-Wow does, then, pay whatever royalties are due wherever they source the discs from as part of their purchase price. And the CDs, being legitimate, were released by the very record companies themselves (perhaps not the same subsidiary, but branches legally entitled to release the records nonetheless).
So who exactly is getting scammed by CD-Wow’s practices? No-one. And as for the ruling - sounds like it’s the consumer, as usual.
Why do people buy from CD-Wow? Because it’s cheaper. And they’re buying legally, at a time when the music industry is continuing to moan about ‘piracy’. CD-Wow were certainly in breach of the 2004 agreement, but that agreement was an extremely stupid precedent.
The BPI claims that CD-Wow’s tactics undermine “the legitimate businesses of UK retailers and record companies”. I’d like to say a few things on that.
- Your failed business model is not my problem.
- I, as the consumer, should be the judge of retail value, rather than having it decided for me by a cartel
- CD-Wow were among the cheapest retailers. You couldn’t compete. Why should I care?
- Evidently, the music industry charges different prices around the world for a (bit-for-bit) identical product. Silly, but fair enough if people are willing (and foolish enough) to pay the higher prices. But in no way should rights groups be able to stop people importing cheaper-sourced ones abroad.
If someone could please explain to me how the 2004 ruling and its subsequent enforcement possibly advance the free market and/or benefits the consumer in any way, shape or form, I positively beg them to explain it to me.
Answers on a locally sourced cartel-authorized postcard please.
Sharing the wealth
May 29, 2007 on 11:52 pm | 1 CommentCategories: Uncategorized
Tags: copyright, intellectual-property, ip, karl-fogel, piratbyrån, question-copyright, steal-this-film, sweden, the-pirate-bay, yochai-benkler

Note: Image used in deliberate irony. I’ve not gone all funny.
While on study leave I’ve been preparing some research for my dissertation on copyright and the idea of ‘intellectual property’ in the information age. During this I’ve (re)discovered quite a few works on copyright and the information commons which I had either not been aware of or not fully evaluated at the time I became aware of them. So here are a few of the best:
STEAL THIS FILM
The Pirate Bay and Piratbyrån guys in Sweden talking about their experience of raids by (appropriately enough) the Antipiratbyrån. Also some brief discussions on their philosophy and attitudes toward sharing, and cross-enforcement of copyright claims despite national boundaries and Swedish law. Some of the interviews with members of the public seem a little staged, simply because the respondents are so well-informed, but nonetheless it’s a great little work. Available free as a torrent.
Question Copyright by Karl Fogel
If you check out one thing on this site, make it his talk at Stanford University.
Professor Yochai Benkler’s The Wealth of Networks: How Social Production Transforms Markets and Freedom
Available free as a PDF and other formats. I haven’t got through all of it yet but it’s a good read.
More as I find them. Also check my (obscenely large and un-focused) Cite-U-Like page for more stuff.
Talking about European politics
May 10, 2007 on 5:25 pm | 2 CommentsCategories: Uncategorized
Tags: brigid-laffan, eu, european union, media, politics, treaties, treaty

This is probably a complete brain-fart, but I thought I should post it anyway. I’m studying for an exam on the subject of European integration, and I came across this paragraph by Brigid Laffan. It’s the most eloquent description of the problem of the national political environment within a transnational/supranational body like the E.U.
Political players within the member states have so far not communicated the realities of power in contemporary Europe to their electorates. They persist with an old language of national interest when in reality, janus-like, they serve both the national governments and collective European government.
Laffan, B (1999) ‘Democracy in the European Union’ in Cram, L.,
Dinan, D. and N. Nugent (eds.) Developments in the European
Union, London: Palgrave.
WorldCat reference
Things like the 2004 and 2007 accessions make me nervous about dealing with these things in Britain. They were presented consistently and positively by the media as being in Britain’s national interest, or ’supported by Britain’. The accessions were positive, but for different reasons: historical imperative, for one, and expanding and improving the single market by extending the same freedoms of movement, work and consumer protections as exist here to eastern Europe. But we must do a better job of discussing these things in the UK.
The European Union is not a series of treaty negotiations every few years, where the coffee is brewed strong, tempers get frayed, and we either ‘win’ or ‘lose’. It’s much more important than that. It reaches into almost every aspect of our political lives despite the disingenuous effort, or perhaps unconscious ignorance, of political actors and (sadly) the media to present it as if it is something which the national political space can exist alongside, but separate from.
Sovereignty is dead. Long live the new sovereignty.
SNP executive: what now?
May 4, 2007 on 10:03 pm | 1 CommentCategories: Uncategorized
Tags: citizenship, election, eu, european union, schengen-agreement, scottish-national-party, scottish-parliament, snp
On the week of the 300th anniversary of the Union of the Parliaments, an explicitly separatist party came into a position of government in the mainland United Kingdom for the first time (Welsh parties are crap and don’t count).
Still, it wasn’t a clean victory for the Scottish National Party. My good friend C.B. Buckland was working as a canvasser for the SNP, and also as an electoral assistant at a polling place last night. He has this to say of the much criticised voting arrangements:
The BBC are massively overstating the problems with [the electronic counting] machines. As expected I suppose.
The management of the election was at fault for the lack of information, the poor ballots, the lack of knowledge amongst the polling clerks (some were telling people to fold them, contrary to the guidelines) and the general mess of the forms. The DRS company were at fault for their poorly tested and expensive machines (£4.3 million this is costing you, by the way). The public were at fault for simply not making an effort to understand their democracy. The media were at fault for misinforming once the disaster had had happened. Blokes with golf clubs didn’t help either.
Full post
As for the result, it remains to be seen how the SNP will take the independence argument forward, if at all, in the next few years. The election contest was very noticeably fought on issues other than independence, yet the SNP manifesto contains a commitment to hold a referendum on the issue in the lifetime of this Parliament (probably in 2010). The polls show a fairly clear trend against separation at the moment, but all that could change if Westminster and Edinburgh antagonise each other enough in the meantime.
The subject of independence poses numerous intractable questions about the modern state, citizenship and political obligation. The matter of establishing the citizenship of each person at such time as a separation should occur offers myriad challenges in itself, but could perhaps offer a unique opportunity to change the nature of citizenship itself. For example, it’s impossible to imagine any kind of border controls between Scotland and England, so why not use the opportunity to build upon the freedom of movement and cross-border working that this and EU citizenship in general imply. This could mean both countries joining Schengen. Or they could go even further, and establish transferrable or pooled citizenship.
Why? Because interdependence is going so far as to render the concept of national independence almost moot, and indeed independence is often now more of a contingent effect of peoples’ general desires for closer and more multi-level governance than anything autarkic or Westphalian.
The reality is that ‘independence’ in the contemporary world, and especially in the EU, means little more than more control over issues of ‘hard politics’. Not absolute control, but certainly enough to keep from being dragged into offensive wars with which the minority nation disagrees. I think it’s significant that it’s taken an issue exactly like that (Iraq) - among other things - to bring an independence party to the fore.
But if independence really did become something the people of Scotland wanted strongly, the trump card played by Westminster will be exactly that played three-hundred years ago - a good old-fashioned buy-off.
Or they might just let us go.
09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0
May 3, 2007 on 8:57 pm | 2 CommentsCategories: Uncategorized
Just wanted to get my thoughts on the AACS revolt out there…
AACS 101:
AACS, an ‘uncrackable’ digital rights management system ‘protecting’ content on HD-DVD and Blu-Ray discs, was cracked several times and in many different ways (all forms of reverse-engineering) by geeks and hackers. The AACS Licensing Authority is attempting to use the Digital Millennium Copyright Act to force the removal of the large hexidecimal number in the post title, an AACS master key, from all web sites in U.S. jurisdiction (this one is hosted in Los Angeles so it is a potential target). Digg founder Kevin Rose was forced to back down in his compliance with requests he received from AACS-LA after Digg users staged a mutiny against the site.
The disturbing thing is that the AACS-LA seem to have perfect legal justification for doing this, arguing that the number is part of a technology protecting creative works, and therefore subject to anti-circumvention provisions of the DMCA.

Cartoon copyright Randall Munroe - Creative Commons licensed.
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