SOUTH AFRICA PETITION AGAINST THE SIGNING INTO LAW, THE CURRENT AMENDMENTS TO THE COPYRIGHT ACT No. 98 of 1978 BY HONORABLE PRESIDENT RAMAPHOSA

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More skullduggery afoot from Google, this time in South Africa–and that’s the fact.  Minister Rob Davies and the Chair of the Portfolio Committee of the National Assembly’s Department of Trade & Industry both need to be called out on exactly how this legislation came to so closely resemble Google’s marching orders on safe harbors and pirate utopias.  As we’ve seen in Europe, Google has no respect for the nation state or local creators.

Sign the petition here and stand shoulder to shoulder with artists in South Africa against Big Tech’s lobbying onslaught.

Silicon Valley Hypocrisy: We Support Solutions To Piracy, Except When They Are Actual Solutions to Piracy…

You can’t make this up. Law 360 is reporting that the International Trade Commission (ITC) has been denied authority over digital goods.

The Federal Circuit said Thursday that it wouldn’t reconsider its decision that the International Trade Commission lacks the authority to block the import of digital files, drawing a lengthy dissent from one of its judges.

Keep in mind, the same people now opposed to the ITC having this authority are the same who argued in favor of the the ITC doing so as an alternative to SOPA called the Open Act.

Below is an except from an excellent post on this issue By Devlin Hartline & Matthew Barblan at CPIP.

When advocating for the OPEN Act as a good alternative to SOPA and the PROTECT IP Act, the bill’s sponsors touted the ITC as being a great venue for tackling the problems of foreign rogue sites. Among the claimed virtues were its vast experience, transparency, due process protection, consistency, and independence:

For well over 80 years, the independent International Trade Commission (ITC) has been the venue by which U.S. rightsholders have obtained relief from unfair imports, such as those that violate intellectual property rights. Under Section 337 of the Tariff Act of 1930 – which governs how the ITC investigates rightsholders’ request for relief – the agency already employs a transparent process that gives parties to the investigation, and third party interests, a chance to be heard. The ITC’s process and work is highly regarded as independent and free from political influence and the department already has a well recognized expertise in intellectual property and trade law that could be expanded to the import of digital goods.

The Commission already employs important safeguards to ensure that rightsholders do not abuse their right to request a Commission investigation and the Commission may self-initiate investigations. Keeping them in charge of determining whether unfair imports – like those that violate intellectual property rights – [sic] would ensure consistent enforcement of Intellectual Property rights and trade law.

Some of the groups now arguing that the ITC shouldn’t have jurisdiction over digital goods openly supported the OPEN Act. Back in late 2011, the EFF stated that it was “glad to learn that a bipartisan group of congressional representatives has come together to formulate a real alternative, called the OPEN Act.” The EFF liked the bill because the “ITC’s process . . . is transparent, quick, and effective” and “both parties would have the opportunity to participate and the record would be public.” It emphasized how the “process would include many important due process protections, such as effective notice to the site of the complaint and ensuing investigation.”

Google likewise thought that giving the ITC jurisdiction over digital goods was a great idea. In a letter posted to its blog in early 2012, Google claimed that “there are better ways to address piracy than to ask U.S. companies to censor the Internet,” and it explicitly stated that it “supports alternative approaches like the OPEN Act.” Google also signed onto a letter promoting the virtues of the ITC: “This approach targets foreign rogue sites without inflicting collateral damage on legitimate, law-abiding U.S. Internet companies by bringing well-established International trade remedies to bear on this problem.”

You can read the full post here (Strongly Recommended):

Digital Goods and the ITC: The Most Important Case That Nobody is Talking About


 

Fight For The Future Of Corporate Astroturf Ripping Off Creators!

Musicians, know who your friends are and are not. Here is another example of big tech money, corporate astroturf, attempting to remove your rights. In the last hours of the submissions to the Copyright Office for comments on the DMCA a webform was introduced.

Note the fear-inducing reference to “robots”–“robots” must refer to the tools that Google itself gives to big companies to automate sending DMCA notices to Google for infringing links.  So by definition, “corporations” use Google’s own “robots” at Google’s request.  80 million infringing links this month alone!  (And remember, the Google “transparency report” does not include DMCA notices sent to YouTube, Blogger or any other Google property, it just covers Google search.)  EEP! ROBOTS!  DON’T BREAK THE INTERNET!

Google DMCA 3-31-16

This letter is exceptionally misleading because Google doesn’t allow independent artists to use these tools.  That means even the handful of artists who can monitor Google search 24/7 have to send manual notices.  So what the astroturf group is really complaining about is that EVERYONE should have to send notices manually which would increase the amount of time that Google has to profit from links to infringing content by data profiling or advertising sold on pirate sites.

This webform did not even verify if those sending the automated letter to the US Copyright Office were actually US Residents or machines…or made an intelligible comment on the questions the Copyright Office asked for public comment.  So, we had some fun with it, see bel0w.

David Newhoff at The Illusion Of More has an excellent piece looking much deeper at how these corporations and their funded organizations are working aggressively to take away the protections granted to individual creators in copyright.

Read it here, at the link below.

Astroturf Organizations Typically Hysterical on DMCA | The Illusion Of More

 

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Why the ‘Dancing Baby’ copyright case is just hi-tech victim shaming | The Register UK

Lenz is best thought of as a tactic in a larger strategy. Another victim-shaming tactic, used to confuse and intimidate individuals so they don’t claim their rights, is a Google-funded project called Chilling Effects. We can define “victim shaming” as where the process of seeking justice punishes the victim more than it hurts the perpetrator, and it relies on the fear of unknown reprisals.

Both Lenz and Chilling Effects have the same goal: to make you think twice about asserting your ownership of your own digital stuff. The Utopia envisaged by Silicon Valley’s current oligarchs does not have individual ownership of bits in it.

READ THE FULL STORY AT THE REGISTER UK:
http://www.theregister.co.uk/2015/09/17/dancing_baby_victim_shaming/

 


 

 

“I Ain’t Gonna Work On Google’s Farm No More” | Creators are Forced Labor* On The Ad-Funded Piracy Fields Of The Advertnet

The 1 Percent: Income Inequality Has Never Been Worse Among Touring Musicians… | Digital Music News

One of the mantra’s that we always hear about the internet and musicians is that the revenue has shifted from recording sales to live ticket sales. So the great accomplishment of the internet according to Silicon Valley wisdom (and Steven Johnson of the NY Times Mag) is that artists can hit the road. “The dream of the 90s is alive, the 1890s…”

Well, if you’re not an established hit artist, here’s how that is working out in the post-napster era. Oh, and by the way, songwriters don’t tour, record producers don’t tour, recording engineers don’t tour… well, you get the point. Here’s the stat as reported by Digital Music News.

Note that in 1982 almost 40% of the revenue was divided between the “bottom” 95% of artists, while in 2003 they received only 15% of all revenue.

Could it be that these top-grossing artists benefited from launching in an era when artists didn’t have to be in the top 1% to develop a healthy live following over years of touring?

READ THE FULL POST AT DIGITAL MUSIC NEWS:
http://www.digitalmusicnews.com/2013/07/05/onepct/

Steven Johnson & A Thesis That Isn’t | The Illusion Of More

If we strip away some of the color and simply look at the assertions being made, then the basic structure of the article reveals an important fallacy. First Johnson states that most of the evidence of harm done to creators in the digital age is anecdotal, and this is partly true — although anecdotes from professionals should not be misconstrued as mere random complaining. So, to get beyond the anecdotal, Johnson then cites macroeconomic data, compiled by the Labor Department, most of which suggests a big-picture view that creative people in all media are doing better than they were a decade ago. But, having previously scorned the anecdotal negative, Johnson then cherrypicks bits and pieces of the anecdotal positive — some of which he misrepresents — in order to support his interpretation of the economic data he cites.

READ THE FULL POST AT THE ILLUSION OF MORE:
http://illusionofmore.com/steven-johnson-thesis-isnt/

Technology Apologist Complex : Steven Johnson Strikes Again | Jonathan Taplin @ Medium

This week’s apology episode from Johnson is entitled The Creative Apocalypse That Wasn’t — and its one of the most brain dead pieces that the New York Times Magazine has ever published. I’m shocked the Public Editor has not already taken Johnson to task. I won’t go into all the details because David Newhoff has already destroyed most of Johnson’s argument that the Internet monopolies have actually been a boon to the average artist. This is total nonsense as this chart shows.

READ THE FULL POST AT MEDIUM:
https://medium.com/@jonathantaplin/technology-apologist-complex-eafcf14df530

The Lack of Ethics of Online Advertisers | Jon Taplin USC Lecture

The Lack of Ethics of Online Advertisers, YouTube, Google, Others.

Read The Blog Post Here:
https://medium.com/@jonathantaplin/sleeping-through-a-revolution-8c4b147463e5

Watch the Full Lecture Here:

Silicon Valley Is Not a Force for Good | The Atlantic

We don’t need to throw the baby out with the bath water, what we need is fair and ethical businesses.

It’s been a long journey from Google to Snapchat—or to apps that enable drivers to auction off the public street-parking spot they’re about to leave in San Francisco. With a few exceptions, the Valley’s innovations have become smaller, and smaller-minded. Many turn on concepts (network effects, regulatory arbitrage, price discrimination) that economists would say are double-edged, if not pernicious. And while the Web was touted as a great democratizing force, recent tech innovations have created lots of profits at the top of the ladder and lots of job losses lower down. The tech sector itself has proved disappointing as a jobs engine and at times hostile to women.

READ THE FULL POST AT THE ATLANTIC:
http://www.theatlantic.com/magazine/archive/2015/07/silicon-valley-shrinking-vision/395309/

The Crowdsourcing Scam | The Baffler

It’s all the same Silicon Valley scam. Whether you are a musician or a cab driver, this about labor, and you could be next…

Silicon Valley calls this arrangement “crowdsourcing,” a label that’s been extended to include contests, online volunteerism, fundraising, and more. Crowdsourced work is supposed to be a new, more casual, and more liberating form of work, but it is anything but. When companies use the word “crowdsourcing”—a coinage that suggests voluntary democratic participation—they are performing a neat ideological inversion.

The kind of tentative employment that we might have scoffed at a decade or two ago, in which individuals provide intellectual labor to a corporation for free or for sub-market wages, has been gussied up with the trappings of technological sophistication, populist appeal, and, in rare cases, the possibility of viral fame.

But in reality, this labor regime is just another variation on the age-old practice of exploiting ordinary workers and restructuring industrial relations to benefit large corporations and owners of the platforms serving them. The lies and rhetorical obfuscations of crowdsourcing have helped tech companies devalue work, and a long-term, reasonably secure, decently paying job has increasingly become a MacGuffin—something we ardently chase after but will likely never capture, since it’s there only to distract us from the main action of the script.

READ THE FULL POST AT THE BAFFLER:
http://thebaffler.com/salvos/crowdsourcing-scam