Apes more deserving than Bulls

Last month Time Online reported that Spain is to become the first country to extend legal rights to apes. This is the result of a long process (I blogged about this in April 2006) but I had missed the news that Spain had implemented the proposal.

The Declaration on Great Apes consists of three main points:

  1. The Right to Life
  2. The Protection of Individual Liberty
  3. The Prohibition of Torture

Let’s start by saying that this is an excellent initiative. BUT it is amazing that this initiative comes from a country so closely associated with bullfights. Naturally animal rights acitivists must be very confused by these results.

Bullfight 1“, photo by Jiddle_L (CC by-nc-nd)

It’s obvious that Spain has decided to be strangely selective to which animals are worth protection and base the need for rights not on the ability to feel pain but rather with the animals closeness to humans (in genetic terms?) This approach is discriminatory and clearly a form of specie-ism, and the worst thing is that the only defences for the conservation of bullfighting is tradition and entertainment.

Censorship on Flickr

Since I put many of my photo’s on Flickr I was disturbed to read the following story. The more I thought about it the more I realised that it was obvious that Flickr would have the same types of rules as all the other social networking sites but it is still a reason for concern.

Photographer Maarten Dors (his Flickr Profile) received the following email from Flickr concerning a picture if a young boy smoking (Would like put it online here if I had permission… hint hint).

====
case354736@support.flickr.com

Hi Maarten Dors,

Images of children under the age of 18 who are smoking
tobacco is prohibited across all of Yahoo’s properties.
I’ve gone ahead and deleted the image “The Romanian Way”
from your photostream.
We appreciate your understanding.

-Terrence
====

According to Reason Magazine, Dors argued that the photo was not a glorification of smoking but a documentation of living condition in less prosperous countries. This somehow was motivation enough for Flickr to return the photo online. Then, apparently, another employee who was unfamiliar with the exception took it down again. Which was followed by someone else from Flickr returning the image again.

Even though I know better I sometimes get fooled into thinking that sites and services on the Internet are public “goods” services which we all can use and abuse on an equal and fair footing. Naturally this isn’t so. Flickr is, like all other online businesses, online for profit. They have no interest in protecting user rights – in fact if user rights conflict with profits they have a duty towards the shareholders to maximize profits and damn the users.

Naturally we as users have legally agreed to the rights of companies such as Flickr to behave in this way when we clicked on the “I Agree” button.

But, and this is a big but, the legal status of these agreements can be questioned.

I have commented the inequality, injustice and the ways in which we could argue against such agreements in my research but it can all be summed up in the with the idea that the agreements we sign cannot be binding if they are the product of a mix of encouraged misunderstanding and misdirection. By creating an environment of openness the companies should not be allowed to impose draconian user terms on their own customers.

However this is an argument from a human rights perspective and no matter how much we like them, most courts still prefer the security and predictability of contract law. So until the courts develop a sense of courage they tend to praise but not emulate the users of all technology are at risk through the licensing agreements they are forced to sign.

(via Politics, Theory & Photography)

The tyranny of “free”

Over at Macuser Dan Moren replies to the question “why can’t all iPhone apps be free? posed by Anita Hamilton in TIME. Moren widens the question to apply to the whole concept of free stuff but naturally focuses on free software. His point is the way in which the public at large have connected the concept of free (gratis) with the idea of value.

We are not entitled to software any more than we are entitled to the other products that we buy day in, day out. We’ve been spoiled because so many developers give things away for free (which, of course, is their prerogative), and we’ve gotten used to the idea of streaming our television online, or even stealing our music from file-sharing services. The idea of “free” has been co-opted into the idea that products aren’t worth money—which couldn’t be farther from the truth.

This is good stuff up until the end. I don’t think that people stealing music, downloading films or demanding free software are confused into thinking that these products are not worth money. But this does not detract from the main point in the paragraph that we are not entitled to stuff (for free).

On a primary level this is obviously true but it is not all the truth. On the level of basic needs (human, cultural, physical) there are naturally arguments to be made that stuff should be free. There are even easy arguments to be made that it is acceptable to break rules, laws & regulations when such basic needs are threatened. In addition to this there is the problematic area that we are bombarded with false needs through advertising which state (implicitly) that we are less evolved as beings unless we have the latest widget, designer toy or status gizmo. Naturally the latter is not a clear argument but it does certainly muddy the waters.

The problem with free, as Moren sees it comes with value and payment:

The whole point of payment is that you give someone money to take care of a problem that you don’t want to do yourself. You could save a bundle of money by not hiring people to cut your grass, for example, but then you’ll have to use the time you’d rather spend doing something else mowing the lawn yourself. Just as you could save some cash by developing a word-processor yourself, but heck, in the long run, it’s probably cheaper to let Microsoft do it for you.

This is economics at its most basic. Seriously. It doesn’t get any more basic than this.

This is an excellent argument and as Moren writes, it doesn’t get any more basic than this. But this only focuses on the economic transaction not on the social effects of such transactions. It is cheaper to let Microsoft create my word processor. But the problem occurs not at this stage. The problem occurs when I realize, for any reason, that I would prefer to have a word processor not built solely on economic gounds but with values of openness and transparency. Perhaps I would like to ensure that future developments within the word processor field have the ability to develop in a multitude of ways that neither Microsoft or anyone else has thought of today. Or perhaps I would just like to have Open Office on my computer becuase I like the name.

If we ony concentrate on the transaction cost argument (cheaper for Microsoft to develop than me) and we isolate the transaction and the product out of the wider context computers and communication then there is no problem. But this is unrealistic. I do not buy software alone. It is not useful without other products. Transactions are not isolated alone but a part of a system with economic, technical, political and social ramifications.

The importance of Free Software is not in giving the public free (gratis) stuff. It is in the ability for all users (via other developers) to access and control their infrastructure. In the same way as free speech is important not becuase I may one day have something important to say but becuase every day thousands of people are saying important things and one day I may just accidently happen to listen.

Two New OA Books (+1)

This has been a busy week for books on Open Access. On Wednesday I blogged about the book Understanding Open Access in the Academic Environment: A Guide for Authors by Kylie Pappalardo. Today Open Access News wrote about two more new Open Access books:

E. Canessa and M. Zennaro at the Science Dissemination Unit of the Abdus Salam International Centre for Theoretical Physics (ICTP) in Trieste have put together an edited book Science Dissemination using Open Access.

From today’s announcement:

The book is a compendium of selected literature on Open Access, both on the technical and organizational levels, and was written in an effort to guide the scientific community on the requirements of Open Access, and the plethora of low-cost solutions available. The book also aims to encourage decision makers in academia and research centers to adopt institutional and regional Open Access Journals and Archives to make their own scientific results public and fully searchable on the Internet. Discussions on open publishing via Academic Webcasting are also included.

The other book is a 144 pp. collection of articles on OA by 38 authors, edited by Barbara Malina entitled Open Access Opportunities and Challenges: A Handbook, the German UNESCO Commission, July 2008. This is an English translation of Open Access: Chancen und Herausforderungen – ein Handbuch (2007).

Shooting Back

Providing cameras and video cameras to different groups is not an uncommon method which allows the subjects to bring their own lives into focus without the direct mediation of the “outsider” camera/filmmaker. Naturally all uses of technology contain risks of bias and slanted views – nobody still believes that the camera never lies? Even if many still believe that fashion images are “real”.

In January 2007, B’Tselem launched Shooting Back, a video advocacy project focusing on the Occupied Territories. We provide Palestinians living in high-conflict areas with video cameras, with the goal of bringing the reality of their lives under occupation to the attention of the Israeli and international public, exposing and seeking redress for violations of human rights.

In projects such as these technology in the form of the cameras and Internet as a distribution medium can be used to empower those involved in a conflict while still providing a preaceful alternative way of coping with everyday violence.

Proud to be Swedish (not)

Coming back from a vacation always requires effort and since I was both offline and without newspapers (the latter was by choice) I am now busy catching up. One thing catches my eye – the BBC reports that a schoolteacher in Sweden confiscated a birthday cards on the grounds that those not invited were being discriminated against!

When things like this happen it makes me annoyed to be Swedish!!! What I want to know is: does the teacher who confiscated the cards invite all the people she does not like when she/he has a party?

Frenchmen risk being banned from the Internet

The French have gone and done it! Times Online reports:

Anyone who persists in illicit downloading of music or films will be barred from broadband access under a controversial new law that makes France a pioneer in combating internet piracy.

“There is no reason that the internet should be a lawless zone,” President Sarkozy told his Cabinet yesterday as it endorsed the “three-strikes-and-you’re-out” scheme that from next January will hit illegal downloaders where it hurts.

This is, as I have argued earlier (last time in January), a really bad idea. Why is banning people from the Internet a bad idea?

The Internet has been promoted and become our most basic communications infrastructure (my focus here is Europe since this is where the the French are).

1. The punishment does not fit the crime: We have changed the way Banks, Post Offices, ticket sales, hotel booking, insurance (etc, etc) work and banning someone from the Internet will be tantamount to branding a symbol of guilt onto the person. Not to mention the increased costs involved in time and money. Indeed why should copyright violation prevent me from online banking?

2. Group punishment: If an Internet connection is involved in copyright violation this does not mean that all those dependent upon that connection should be punished. The actual violator may be underage or the network may be open to others.

3. Privatizing the law: The ability to punish copyright violators should not be delegated to private bodies. Internet providers are not equipped to mete out legal punishments.

Earlier, when arguing against proposals such as these I wrote:

The proposals seen above are simplistic, naive and dangerous they show a fundamental lack of understanding not only of technology or its role in society but also a lack of understanding of the role of communication in a democratic society. The actions of the politicians proposing such measures show that they are not acting in the interests of the individuals they are there to serve.

Even if the French have chosen to go the other way – I still believe that they are wrong…

Torture Established

CNN reports that the organization Physicians for Human Rights have conducted clinical evaluations of 11 former detainees from the Abu Ghraib prison in Iraq, at Guantanamo Bay, Cuba, and in Afghanistan. The report from Physicians for Human Rights shows that the prisoners have been tortured

“We found clear physical and psychological evidence of torture and abuse, often causing lasting suffering,” said Dr. Allen Keller, a medical evaluator for the study.

In a 121-page report, the doctors’ group said that it uncovered medical evidence of torture, including beatings, electric shock, sleep deprivation, sexual humiliation, sodomy and scores of other abuses.

The report is prefaced by retired U.S. Major Gen. Antonio Taguba, who led the Army’s investigation into the Abu Ghraib prisoner abuse scandal in 2003. “There is no longer any doubt that the current administration committed war crimes,” Taguba says. “The only question is whether those who ordered torture will be held to account.”

The rights group demands:

• “Repudiate all forms of torture and cruel, inhuman or degrading treatment”;

• Establish an independent commission to investigate and report publicly the circumstances of detention and interrogation at U.S.-run prisons in Afghanistan, Iraq and Guantanamo Bay;

• Hold individuals involved in torturing detainees accountable through criminal and civil processes; and

• Monitor thoroughly the conditions at U.S.-run prisons all over the world.

To indulge

It’s black, phalic and sits nicely in my hand. It evokes feelings of joy and guilt at the same time. In what must be seen as a moment of total indulgence I bought a new lens for my camera. Yes I succumbed to the temptation I have carried with me for the past months and bought the Canon EF 70-300mm f/4-5,6 IS USM. And the best thing is that it’s great! I just love it.

The magnification is a huge improvement and it has a really fast internal motor. It has also got me rearing to go out and take lots of photo’s this summer.

Confused Politicians on Copyright

Without being too cynical it is easy to see that politicians are struggling with online copyright violation. Even the terminology is confused – copyright violation is too difficult and most people will talk about file sharing and thereby confusing technology with law.

In Sweden, where computer literacy is high and fixed price broadband is the norm, intentional copyright violation through filesharing is rife. In addition to this the moral concepts surrounding these acts have been fundamentally re-interpreted. Due to its relative ease, low cost and widespread acceptance – illegal file sharing is not considered by many to be morally wrong. Some not insignificant numbers also argue that it should not even be illegal.

Naturally politicians are concerned. Not all are cynically using the debate to forward their own popularity – some are sincerely concerned about the rift between law and morality in this question. Swedes, believe it or not, are a rather moral bunch. Sure we have reputations for free sex, expensive alcohol and high suicide rates but this is no longer a true picture if you compare Sweden to the rest of Europe. What I mean by being moral is that Swedes are relatively honest and prefer not to cheat – so when the rift between morality and law is apparent it is a greater reflection of a problem in Sweden than in some other countries.

So the Pirate Party wants to abolish copyright, The Swedish Left Party recently decided to strive to legalize online file sharing. Now the Centre Party are calling for change in a recent report by their spokesman on Copright Annie Johansson (report in Swedish Pdf) on the future of copyright.

Their report is interesting in that they want to attempt a re-evaluation of copyright in order to make it into a fair balance of rights. The report is also heavily influenced by the concept of Fair Use and the Creative Commons system which is good on the one hand but unfortunately the concepts are misunderstood in the
report. The fair use system is not easily applied in the Swedish concept due to different legal cultures and histories. And the Creative Commons licensing system cannot go beyond the legislation in hand.

Are politicians weary about talking to experts?

Despite these minor misunderstandings there seems to be growing political will to discuss the purpose of copyright. This could become very interesting.