Gunning for Twitter with DMCA bullets

Adult publisher Perfect 10 is trying to squelch fair use of copyrighted materials by Chilling Effects -- and EFF is fighting back. The online intellectual property resource Chilling Effects gathers and analyzes legal notices alleging online copyright infringement -- a vital resource for public education and study. But adult publisher Perfect 10 alleges that Google is infringing on copyright by sharing its notices. EFF joined other founders and participants in the Chilling Effects Clearinghouse in filing an amicus brief to urge the court to reject this attempt to block Google's contribution to the site. [EFFector,email news letter,4 January 2011]

In 2010 Chilling Effects saw more than 12,000 cease-and-desist notices reported. Over the next few weeks and into 2011, we will be doing preliminary analysis of patterns in those notices. We are also preparing the data to be more easily usable by other researchers.

According to Chilling Effects the principal senders of DMCA takedown requests were:

number Sender: type
1272 IFPI (International Federation of the Phonographic Industry): music
303 Clube do Hardware: articles
299 Twentieth Century Fox Film Corporation: film
257 MAGNOLIA PICTURES INC.: film
230 APCM - Associação Anti Pirataria de Cinema e Musica: music
221 Removeyourcontent, LLC: images and video (adult content)
203 RIAA (Recording Industry Association of America): music
166 Autodata Limited: technical manuals
158 Folkert Knieper: recipe photographs
122 Product Partners, LLC / Beachbody: fitness DVDs
117 SONY MUSIC ENTERTAINMENT / EPIC RECORDS / ESTATE OF MICHAEL JACKSON: music
106 Stones Throw Records LLC: music
92 Chappell & Co: music
88 Microsoft Corporation: software and instructional material
88 Globo Comunicação e Participações S/A: video
85 The New York Times: articles
84 Deckers Outdoor Corporation (UGG Australia): images of UGG boots
82 Vivid Entertainment Group, LLC: video (adult content)
81 Digiturk: TV
81 The NBA - National Basketball Association: video streams

Its database is also uncovering an increasing trend to report Twitter accounts and particular tweets – 436 complaints by last Tuesday mentioned this form of social media.

Here is a brief sampling……..

Angry author blasts Australian blogger:

Twitter Rocket author blasts blogger

Atavar complaints:

Image DMCA (Copyright) Complaint to Twitter

Image DMCA (Copyright) Complaint to Twitter

Photo DMCA (Copyright) Complaint to Twitter

Photograph DMCA (Copyright) Complaint to Twitter

Image DMCA (Copyright) Complaint to Twitter

Privacy issues:

Photos DMCA (Copyright) Complaint to Twitter

Local Government gets upset about Twitter account using official council crest:

Logo DMCA (Copyright) Complaint to Twitter

An example of one person who hunts the Twitterverse and reports every link he finds to his book:

Book DMCA (Copyright) Complaint to Twitter

From beyond the grave:

Music DMCA (Copyright) Complaint to Twitter

Mark Twain Foundation objects:

Book DMCA (Copyright) Complaint to Twitter

Rutgers University objects to breach of ‘Sex, Etc’ logo copyright:

Logo DMCA (Copyright) Complaint to Twitter

Polling Keneally in the dying days of her government

NSW Premier Kristina Keneally continues to add to her disasterous reputation

This is one politician who, first as planning minister and then as premier, has shown herself photogenic but inadequate in a position of power.

One cannot help but feel that she would have been better to have stuck to organising happy-clappy 'happenings' for the Catholic Church.

Although online newspaper polls cannot be considered statistically reliable, this 6.30am 3 December 2011 snapshot probably does reflect the majority view of domestic and small business power consumers across the state after the questionable one minute to midnight sale of state assests.

Cartoon found at The Sydney Morning Herald

Migaloo speaks on behalf of the Whale Nation

Some presentations bear repeating as the Government of Japan is once again active in the Southern Ocean killing fields....

Wikileaks: Japan and U.S. discuss Antarctic whaling and Australia's opposition

Main body of the text of a November 2009 U.S. diplomatic cable indicating that the American Government intended to pressure the Australian Government concerning its continuing opposition to ‘scientific’ commercial whale hunting in the Antarctic, Japan admits that the Netherlands' registration of Sea Shepherd vessels means that country is primarily responsible for addressing complaints and the U.S. is seeking to revoke the not-for-profit/charity status of the Sea Shepherd organization:

¶2. (C/NF) Principal Deputy Under Secretary of Commerce for Oceans and Atmosphere and U.S. representative to the International Whaling Commission Monica Medina met with senior Fisheries Agency of Japan officials to discuss the Future of the IWC process November 4 in Tokyo. In a morning meeting with Ms. Medina, Fisheries Agency of Japan Director General Machida said that while he expects difficult negotiations ahead, he wants the Future of the IWC process to succeed. According to Machida, political level consultations on whaling are necessary following the recent change in administration in Japan. However, he cautioned the new Democratic Party of Japan (DPJ) administration shares the same fundamental position on whaling as the outgoing Liberal Democratic Party, including support for the resumption of commercial whaling and continued research whaling. He added that the two sides should not rush through the negotiations, which could end up making it more difficult to reach consensus at next June's IWC annual meeting.

¶3. (C/NF) Ms. Medina said the USG understands there is no fundamental change in the GOJ position on whaling, but that the USG is looking for creative solutions to move the IWC forward as opposed to fundamental change. She added that the U.S. is committed to finding a solution over the next two to three months. She said she would advocate for including language on whaling in a summit statement following the meeting between the President and Prime Minister November 13. The statement would express the desire of both countries to work out remaining differences on whaling. Once negotiators have narrowed the issues, both sides could seek a political solution, she added.

¶4. (C/NF) Machida described the progress at the Support Group meeting in Santiago as a major step forward. However, he said there remain two major issues that need to be addressed. First, there is still no consensus on the proposals raised in Santiago even among the Support Group members, let alone the entire IWC. Second, the upper limit on catch quotas, especially a reduction in the limit for Japan's research whaling in the Southern Ocean, have yet to be negotiated. Regarding Japan's catch numbers, Machida said Australia's proposal to phase out research whaling is a non-starter for the GOJ. He added that the baseline for any reduction in Japan's research whaling should be the catch quota figures and not the actual number of whales caught.

TOKYO 00002588 002 OF 002

¶5. (C/NF) Ms. Medina replied that the catch quotas is the most important outstanding issue. She said the Santiago proposal calls for an overall reduction in catch numbers from all whaling nations over a ten year period, which would help in securing approval from Australia, New Zealand, and the UK. She said given the history of Japan's research whaling, and the increase in quota numbers in recent years, there is room for Japan to cut from the actual number of whales taken. A symbolic action by Japan, such as agreeing not to take fin whales this year, would be a good indicator to the rest of the IWC of Japan's commitment to reaching a solution. The USG would then work hard to make sure the EU and Australia do not block a compromise.

¶6. (C/NF) Machida said there are two factors outside the current Future of the IWC negotiations that influence Japan's negotiating position. First, a negative outcome in the vote at next year's IWC intersessional meeting on Greenland's proposal to catch ten humpback whales could derail the work of the Support Group. Greenland's proposal has the backing of the IWC's Scientific Committee and another rejection at the IWC plenary meeting could make the overall compromise being discussed impossible. Second, the violent protests by the Sea Shepherd Conservation Society (SSCS) could limit the GOJ's flexibility in the negotiations. He said the Netherlands should have primary responsibly for taking action against the SSCS, but he appreciates the USG initiative to address the group's tax exempt status. He said action on the SSCS would be a major element for Japan in the success of the overall negotiations. Ms. Medina replied that she hopes to work out differences with the EU on Greenland's proposal on humpback whales prior to the March 2010 IWC intersessional meeting and include the issue in the overall agreement. Regarding the SSCS, she said she believes the USG can demonstrate the group does not deserve tax exempt status based on their aggressive and harmful actions.

¶7. (U) Ms. Medina cleared this cable subsequent to departing

Tokyo.

ROOS

WHALING DEAL IS NO DEAL - February 2010 U.S. diplomatic cable outlining Australian Environment Minister Peter Garret's response.

Never a truer word - GetUp! continues to disappoint

Save Wooli would be the first official GetUp! campaign I have heard of which doesn’t appear to have been canvassed with members first. Or as this activist organisation now coyly plays it – joins campaign to save Wooli.

This is the opening and very inaccurate salvo in its online campaign:

“I hope that people look after Wooli so that it will be here forever.” That’s six year old Evie talking about her favourite place – the small coastal community of Wooli.

But this typical beachside town might not be here forever. Increasing coastal erosion due to climate change is on a course to wipe out half the houses as higher and higher tides climb the sandbanks. Rather than readying a response to increasing coastal erosion due to climate change, the recommendation before the Clarence Valley Council is to head for the hills and abandon the village to the rising tides.

Does someone senior in this activist organisation have a pecuniary or non-pecuniary interest in land or business in the Wooli area on the NSW North Coast? Or has the organisation fallen into the error that it must always have a ‘new’ campaign on offer to remain relevant with the fickle enthusiasms of mainstream media?

The Daily Examiner 27 December 2010:

LABELLING a “Save Wooli” campaign and online petition by GetUp! as “misguided”, Greens Clarence candidate Janet Cavanaugh has come out in support of Clarence Valley Council’s planned retreat proposal for Wooli.

The environmental scientist said the proposal had also been endorsed by the council’s climate change advisory committee and local environment groups.

“I am usually supportive of the progressive stance taken by GetUp! but I’m concerned by the level of misinformation being used to support this campaign,” she said.

“The proposal put forward by council is to relocate the southern residents to another area within Wooli. There is no plan to ‘abandon’ the village as claimed in the campaign.”

ABC News 28 December 2010:

The Greens candidate for the seat of Clarence says she is surprised and disappointed by a campaign to help Wooli residents deal with erosion.

The national advocacy body Get Up has launched campaign to try and block the Clarence Valley Council's proposed strategy of a 'planned retreat'.

Local candidate, Janet Cavanaugh, says the council's policy to relocate residents to other areas of the village is the only 'realistic' approach.

"I would have expected from Get Up that they would have actually consulted with their local members before taking on what is a very complicated issue," she said.

"I disagree with the fact that they are criticising the planned retreat as a legitimate form of climate change adaptation.

"They're calling for alternatives, though the campaign is extremely vague on what those alternatives should be."

Ms Cavanaugh says Get Up's stance is misguided and will further confuse residents affected by erosion.

"I was surprised and a little bit disappointed with the fact that Get Up supported this campaign," she said.

"I think it was an ill-conceived campaign for them to run.

"But it does highlight that there will be local consequences to climate change and that there are hard decisions that will need to be made.

"This is an emotional issue because it's talking about people's houses."

Comment to GetUp! from Antony McCardell:

As an environmental scientist I can say that, sadly, the campaign to save Woolli is misplaced. What can rate-payer funded local councils like Clarence Valley Council do? The most common method used to protect beach communities is to build protective sea walls and groins. This can cause as much harm to up-current beaches and their ecosystems as they produce "security" for the settlements "protected". This is because sea walls dramatically increase beach erosion up-current. This is supported by extensive studies here and worldwide. No, beach erosion and sea level rise are pretty much inevitable unless the world tackles climate change head-on. More power to GetUp if it can achieve THAT... but...

Timthorncraft on the same subject:

Wooli is built on a sand spit. On energetic unprotected coasts like NE NSW, sand spits are temporary features at the best of times and in the face of sea level rise we have two options.
We can go with the geomorphological flow and gradually retreat from low lying vulnerable sand areas like the south end of Wooli Spit or,
We can have the real estate industry pick which bits we want hang on to, fortify them with vast amounts of concrete and rock, costing vast amounts of public money, releasing vast amounts of CO2, and turn places like quaint dear old Wooli into something resembling an industrial wharf complex, and then in 20 or 50 or 100 years we can watch the rising sea eat it all anyway!
I'm a long standing supporter of Getup campaigns but I think that Getup is backing a real loser this time.

Letter from a Coffs Harbour shire councillor:

Dear Getup!

I have been a proud supporter of Getup! over recent years and have, to date, agreed with and supported most of your campaigns. I too love Wooli greatly and will be greatly saddened to see the coastline of the Clarence Valley change drastically as a result of sea level rise.

In the instance of your "Save Wooli" campaign I completely disagree. This is because:
1. Sea levels are rising - most estimates now commonly exceeding 1m of sea-level rise by 2100, with many recent indications that it could be 2m by 2100. There is no indication whatsoever that sea levels will stop rising at 2100, to the contrary they are likely to continue rising due to our (the human species) ever-increasing emissions of greenhouse gases.
2. There are only two solutions to adapt to the impacts of sea-level rise on residential, commercial and industrial premises:
i. Move to higher ground
ii. Engineer costly solutions such as sea walls, levees and put in place fill to physically protect premises.
3. The cost of engineering solutions to protect all vulnerable coastal properties is most likely well beyond available public funds.
4. It is not an equitable use of public funds to pay for the protection of a very limited number of properties in a highly vulnerable coastal locality. If Clarence Valley Council and the State and Federal Governments are called upon to fund the protection of a very limited number of properties at Wooli this will draw much-needed funds away from Hospitals, Schools, Aged Care Facilities, Libraries and Environmental Protection and Restoration projects.

These are the hard realities and consequences of the fact that Australians are the largest emitters of greenhouse gases globally. We are the greatest per-capita contributors to the very problems that you highlight in your "Save Wooli" campaign. As a nation we need to make some very tough decisions in the public interest. Protecting a limited number of coastal properties to the detriment of many needy social and environmental services is not, in my opinion, a fair and equitable campaign.

I have always associated Getup! with fairness, equity, reason and rationality and a fair-go for our people and environment. In this instance I feel very strongly that you have got it wrong.


Yours Sincerely
Councillor Mark Graham
Coffs Harbour City Council.

Petering Time on the Save Wooli campaign here.

U.S. happily admits it imprisons more of its own population than any other country in the world

When delving into the Wikileaks Cablegate file sometimes the mind boggles – both at cable content and the little asides.

So we find that one diplomat opines that on average men are likely to live longer in Russia if they are in prison and, that America locks up more people as a percentage of its own population than any other nation on earth and half of those re-offend.

Full cable transcript can be found here

C O N F I D E N T I A L MOSCOW 000531O. 12958: DECL: 02/27/2018
TAGS: PHUM PGOV TBIO RS
SUBJECT: RUSSIAN PRISONS
REF: A. 07 MOSCOW 4543 ¶B. MOSCOW 325 ¶C. MOSCOW 378
Classified By: Ambassador William J. Burns for reason 1.4(d).
¶1. (C) Summary: The Russian prison system combines the country's emblematic features - vast distances, harsh climate, and an uncaring bureaucracy - and fuses them into a massive instrument of punishment. Russia imprisons a greater portion of its population than almost any other country in the world (second only to the U.S.). In contrast to other Western countries, the system is foremost focused on punishment, not rehabilitation, and while statisics are difficult to compare, produces a lower rate of recidivism. Recent prison riots, new prisoner shock tactics, and smuggled videos of prison mistreatment have highlighted the cruelties and corruption in the system. Health conditions in Russian prisons are poor and infection rates for contagious diseases are much higher than in the general population, but surprisingly the mortality rate for men in these prisons is only one-third the rate on the outside - a statistic that says much more about the dangers of alcoholism and road safety than it does about healthy living behind bars. Reports of abuses in the prison system have been answered with calls for reform, most recently in the Human Rights Ombudsman's annual report and by the President's Human Rights Council. While NGO activists such as the embattled Lev Ponomarev praise the work of Lukin, the insurmountable challenges posed by the physical and cultural nature of the prison system mean that efforts to improve conditions or to alter the character of the system from punishment to rehabilitation are likely to produce only superficial improvements. End summary......
¶6. (U) According to FSIN statistics, as of July, there were approximately 889,600 people in the custody of the criminal justice system, including 63,000 women and 12,100 juveniles. This rate of 630 prisoners per 100,000 citizens is second in the world only to the United States (702 per 100,000)......
¶11. (U) According to Sergeyeva, the recidivism rate in Russiais only 36 percent (compared to more than 50 percent in the United States or the United Kingdom).

Another brickbat for Telstra Customer Service

Telstra continues to elicit negative perceptions……………….

An ongoing Telstra torment

I CAN'T begin to explain the torment I've experienced this past 12 months at the hands of Telstra.

I must say though my feeling of futility and stupidity was somewhat allayed when reading our glorious Bonnie's letter to you on December 20.

Bonnie is a business woman I admire and it brought me great relief to know that someone of her capability and knowledge of the world of communications could also struggle in her dealings with this once great telco.

I could detail in excess of 20 examples of monumental Telstra stuff ups involving my personal and company phones and internet connections over this year, however, the one that brought the most chuckles and pain was their recent disconnection of my business phones.

Without detailing the events leading up to this - which were quite bizarre and confusing to say the least -a day arrived, a Thursday, about four weeks ago when all my telephones - the business line, the EFTPOS line and all three company mobiles were dead.

When I tried to dial it told me I could only dial the billing number on my bill -which I did but it still didn't let me ring out.

So in frustration and fear I tried the Telstra business number - miraculously I got through. I explained I had called the billing number on my account as instructed -but had not been able to get through.

The only remark then was they were aware the wrong number is printed on those bills -no apology, no explanation.

The woman I spoke to told me that I hadn't paid my account which I explained I had in dribs and drabs over BPAY -and that Telstra had only just reconciled all the errors of the past 12 months.

The woman explained that I needed to pay another $473 if I wanted the phones reconnected.

I told her I simply didn't have that money on the day and asked her how she expected me to pay this amount given my customers couldn't call to order nor could they pay with EFTPOS and nor could they buy any pre-paid telephone or internet. She didn't care.

She said to call back when I paid and they would arrange to have my phones reconnected.

The irony was as she went to end the conversation she asked me which number was the best one to contact me on?

I said: "Are you serious? You've disconnected every single line I have."

I managed to get an email through to my son, who is currently serving in Afghanistan, he paid the account via BPAY and emailed me the payment details.

I actually have my own designated Telstra person - with an email address and direct number - as a result of the Telstra trauma

I've experienced this year. I couldn't call that person because the phones were disconnected - and as it turned out he was on an RDO anyway.

I emailed the payment information immediately to this chap, who returned to work on the Friday and he gave instructions that my phones be reconnected immediately.

Well immediately in Telstra terms was the following Tuesday morning.

My store is open 6am-6Pm every day of the week and my business number is used to book appointments for the acupuncturist and remedial masseuse who work from the clinic I've established at the rear of my store.

So almost six days with no phones, no EFTPOS and no sales of pre-paid internet or phone.

Over that weekend I needed to speak to my father.

I had a brainwave -I'll use the telephone box outside my store - hmmm ...it was out of order.

But the most painful part of this whole experience was that on the Sunday, December 5, my baby boy turned 26. He promised to call me from Tarin Kowt where he is currently serving as an Australian soldier.

For the first time in those 26 years I didn't get to speak to my baby boy on his birthday.

Thank you again Telstra -a most memorable year.

Oh, and some advice, stop spending buckets of money on sending out copious volumes of expensive marketing materials and direct that budget towards improving your customer service.

URSULA TUNKS

Managing Director, Premium ldeas and Marketing

[The Daily Examiner,letter to the editor,28 December 2010]