Archive for September 2009

Hands off!

In a prematurely administered autopsy of the ‘death of conservatism’, Bill Moyers’ Friday interview with Sam Tanenhaus, (the Editor of the New York Times Book Review and the Week in Review section) dissected the motivations and ideology of the “revanchist” anti-Obama birther/teabaggers and the movement against health care reform.

It should come as little surprise that a protest movement attempting to paint Obama as “a basic pastiche of right-wing hobgoblins” is fraught with internal contradiction. Reports of anti-government, anti-tax protesters complaining about the ineffectiveness of public transit service aside,  anti-government protesters demanding that government not touch the effective government program they depend on, Medicare, tend to elicit the most laughter.

MORANS (via lookatthisfuckingteabagger)

(via lookatthisfuckingteabagger)

In a interesting interpretation of the thought (or lack there of) behind these strange messages, Tanenhaus conjures up an articulation of the deep-seeded, nearly unconscious visceral distrust of the dependency created by the patron/client relationship  between the citizens and the state, unleashed by by the  Johnson Administration’s “Great Society” legislative agenda (where, it should be noted, Bill Moyers served in a variety of roles including LBJ’s White House Press Secretary):

BILL MOYERS: There’s a paradox there, right? I mean, they say they’re against government and yet the majority of Americans, according to all the polls, don’t want their government touched. You know, there were people at these town hall meetings this summer, saying “Don’t touch my Medicare.” You know, keep the government out of my Social Security.

SAM TANENHAUS: Yes. This is an interesting argument. Because it’s very easy to mock, and we see this a lot. “Oh, these fools. These old codgers say the government won’t take my Medicare away. Don’t know Medicare is a government program?” That’s not really what’s going on, I think. I think there’s something different. A sense about how both the left and the right grew skeptical of Great Society programs under Lyndon Johnson, and the argument was everyone was becoming a kind of client or ward of the state. That we’ve become a nation of patron/client relationships. And a colleague of yours, Richard Goodwin, very brilliant political thinker, in 1967 warned, “We all expect too much from government.” We expect it to create all the jobs. We expect it to rescue the economy. To fight the wars. To give us a good life”. So, when people say, “Don’t take my Medicare away,” what they really mean is, “We’re entirely dependent on this government and we’re afraid they’ll take one thing away that we’ve gotten used to and replace it with something that won’t be so good. And there’s nothing we can do about it. We’re powerless before the very guardian that protects us.

Certainly this revelation does not explain the totality of the situation in the United States, but I think it does offer a nuance often missed in similar attempts to delineate conservative ideology.

Tenenhaus’ comments on the dominance of theater and show in American politics are also worth the look: download the podcast of Friday’s Bill Moyers Journal interview with Sam Tanenhaus.

My submission to the copyright consultation

I’ve made my views and the views of those I share available here: http://andrewmcintyre.ca/tag/copyright/

But I think the views of Dr. Meera Nair best summarize my own. http://andrewmcintyre.ca/2009/08/17/locking-copyright-fair-dealing-vs-digital-locks/

My position is simple: Digital locks are bad for Canada. They do not meet Minister Clement’s standard of “standing the test of time” and actually take away existing rights.

To summarize I will quote the relevant section of my blog post here:

Dr. Meera Nair had a very interesting response to a question I asked her about how digital locks – software that blocks users’ ability to copy files including Technonological Protection Measures, TPMs, and Digital Rights Management, DRM – reconcile with the fair dealing provision afforded by Canadian legislation and case law.  Dr. Nair explains on her blog “Fair Duty

Simply put, once a work is locked, it’s game over. Fair dealing is meaningless if you cannot access the material. Many individuals are anxious that IF Canadian law were to prohibit the circumvention of TPMs, such a prohibition should only apply to circumvention for infringing purposes. Meaning, if you circumvent a TPM for a noninfringing use, such as fair dealing, you will not run afoul of the law. Yet, there is a question of why permit the use of TPMs at all? TPMs take away existing rights available to Canadians. To limit access to published work is to deny fair dealing. Said another way, TPMs violate a structure of law that has been in place since the creation of copyright itself (nearly300 years) and present in Canadian law since its inception in 1924.

In other words, the very idea of companies or industry consortiums using digital locks to prevent people from making copies of works they’ve legally purchased runs counter to the notion of limitation in copyright law – which limits both creators and consumers -  as well as the existing provisions afforded by fair dealing under Canadian law.

Final Thoughts

I’m certain the word “balance” is almost losing its meaning after encountering it so many times in this consultation. I’m tired of it too.

In fact, we don’t need as much “balance” as most parties that invoke it are asking for. Adopting an overly-restrictive regime, that limits users rights, would be – in effect – criminalizing common behaviours of reasonable people.

You can make it easy for citizens to obey the law and create legislation that stands the test of time, while maintaining the incentive to create, by erring on the side of users.

Thank you,

The deaths of the Christian right and of racism in America are greatly exaggerated

Max Blumenthal on NPR’s Fresh Air on what the crazy, racist wingnuts are doing to paint Obama as the boogeyman:

The goal is to paint Obama as a totalitarian, secret communist, fascist, terrorist, Muslim, whatever they can do, a basic pastiche of right-wing hobgoblins, a multicolored pinata of every evildoer they want to smash in order to de-legitimize him and mobilize as much opposition as possible.

Sadly and unsurprisingly, the epicentre for these schizophrenic anti-government, anti-fascist, pro-theocracy anger-fests are gun shows:

And the crowd you see at gun shows, I mean, some people are just basic, apolitical gun enthusiasts, but it’s a very political gathering. There are Confederate flags. There are even Nazi flags being displayed throughout the conference because it brings in elements that are even considered extreme within the right-wing grassroots, like neo-Nazis.

And it’s a gathering place. Gun shows have become a gathering place for people who are the most extreme opponents of Barack Obama’s agenda, and they’re energized again by the battle over health care. And we’re seeing it across the board; it’s not just with the extreme, militia-oriented elements. We’re seeing it within the Christian right.

A recent poll showed that seven out of 10 white evangelicals are extremely opposed to Barack Obama’s proposed health-care reforms. And the Christian right is raising a lot of money, organizing against health care. So it’s across the board. The right is growing again. And those who pronounced the death of conservatism, or the death of the Christian right, were premature.

In related stories, Barack Obama is now receiving 30 death threats a day according to the Secret Service – a 400% increase over last year with President Bush – and in Canada our national newspaper of record is openly opining about whether Obama can even survive.

*SIGH*

Please excuse me while I go vomit

It doesn’t have to be true. It just has to be plausible and it strikes me as plausible.

University of Calgary political scientist Tom Flanagan, a former Harper strategist, advising on the Tory election strategy of tying the Liberals to the unpopular notion of a Liberal-Bloc-NDP coalition eventhough he recognizes it to be a boldfaced lie.

Now please excuse me while I go vomit.

Via theglobeandmail.com

Locking up our citizens

Anytime someone puts a lock on something you own, against your wishes, and doesn’t give you the key, they’re not doing it for your benefit.

Excerpted the DRM section of Cory Doctorow’s excellent submission to the Canadian copyright consultation.

Eventhough a Fall election will almost surely derail the Canadian copyright consultation process, it’s positive that the Canadian public is engaged and participating in this needed conversation.

Eventually, Canadian copyright law will be reformed. We need to make sure Canadians’ rights to use, modify and comment on copyrighted materials are not locked up when it happens.