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Sunday, October 4, 2009

Massachusetts-based First Amendment rights lawyer Marc Randazza is defending a controversial parody website which satirizes American political commentator Glenn Beck. The website was created in September by a man from Florida named Isaac Eiland-Hall, and it asserts Beck uses questionable tactics “to spread lies and misinformation”.

The website created by Eiland-Hall is located at the domain name “www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com”. Its premise is derived from a joke statement made by Gilbert Gottfried about fellow comedian Bob Saget. The joke was first applied to Beck on the Internet discussion community Fark. It then became popular on Internet social media sites including Reddit and Digg, and was the subject of a Google bomb, a technique where individuals link phrases in order to artificially change Google search results.

Eiland-Hall saw the discussion on Fark, and created a website about it. The website asserts it does not believe the rumors to be true, and states: “But we think Glenn Beck definitely uses tactics like this to spread lies and misinformation.” In an interview with Ars Technica, he said the website was “using Beck’s tactics against him”. The website was created on September 1, and by September 3 attorneys for Beck’s company Mercury Radio Arts took action. Beck’s lawyers sent letters to the domain name registrar where they referred to the domain name itself as “defamatory”, but they failed to get the site removed.

Beck filed a formal complaint with the Switzerland-based agency of the United Nations, the World Intellectual Property Organization. Beck alleged that the website’s usage is libelous, bad faith, and could befuddle potential consumers. Beck’s complaint was filed under the process called the Uniform Domain Name Dispute Resolution Policy. The policy allows trademark owners to begin an administrative action by complaining that a certain domain registration is in “bad faith”. A lawyer for Beck declined to provide a comment to the Boston Herald, however a source told the newspaper that Beck’s complaint with the site is primarily a “trademark issue”.

Randazza established an attorney-client relationship with Eiland-Hall after his client received threatening letters from attorneys representing Beck. He then sent an email to Beck’s attorneys, and pointed out inconsistencies between their client’s recent actions and his prior public statements in support of the First Amendment. Randazza wrote a reply to the World Intellectual Property Organization, and contends that the website is “protected political speech”, because it is “satirical political humor”. Randazza stated that “Even an imbecile would look at this Web site and know that it’s a parody.” In his legal brief, Randazza compared the website to other Internet memes, such as “All your base are belong to us” and video parodies of the German film Downfall.

“We are here because Mr. Beck wants Respondent’s website shut down. He wants it shut down because Respondent’s website makes a poignant and accurate satirical critique of Mr. Beck by parodying Beck’s very rhetorical style,” wrote Randazza in the brief. The brief also commented on Beck’s style of reporting, and pointed out a controversial statement made by Beck when he interviewed a Muslim member of the United States Congress. Beck said to Representative Keith Ellison: “I like Muslims, I’ve been to mosques. … And I have to tell you, I have been nervous about this interview because what I feel like saying is, sir, prove to me that you are not working with our enemies.” According to the Citizen Media Law Project, the website’s joke premise takes advantage of “a perceived similarity between Beck’s rhetorical style and the Gottfried routine”.

Public interest attorney Paul Levy told Ars Technica that if a statement in a website’s domain name were both false and “stated with actual malice”, it is possible it could be considered defamatory. The First Post reported that Electronic Frontier Foundation attorney Corynne McSherry gave an analysis asserting that though the domain name of the website is “pretty dramatic”, it constituted “pure political criticism and there’s nothing wrong with that”. McSherry and Levy both agreed that the action of Beck to take the matter to the World Intellectual Property Organization was probably a tactic to determine the identity of the website’s owner.

Andy Carvin of National Public Radio wrote that Randazza’s legal brief was amusing, commenting: “It’s not often that I would recommend reading a World Intellectual Property Organization legal brief for its entertainment value, but today is going to be an exception.” Nate Anderson of Ars Technica commented “In any event, the WIPO battle promises to be entertaining, and there’s even a bit of serious purpose mixed in with the frivolity. Just how far can WIPO go in using its domain dispute system to address Internet spats?”. Domain Name Wire wrote that “…when someone who has created a bitingly satirical web site works with his lawyer to put pen to the paper, the end result can be quite amusing.”

Writing for Adweek, Eriq Gardner pointed out the comparison made by Randazza’s legal brief between the website’s parody nature itself and the statement made by Beck to Congressman Ellison, noting: “this case also makes a political point”. Jack Bremer wrote in The First Post that the attempts by Beck’s lawyers to argue that the website’s domain name is itself defamatory “looks like a first in cyber law”. Rick Sawyer of Bostonist characterized Randazza’s legal brief as “Hillarious!”, and called the attorney “among the North Shore’s most hilarious legal writers”.

The FOX News-critical site FoxNewsBoycott.com likened the legal conflict between Beck and the site to the Streisand effect, a phenomenon where an individual’s attempt to censor material on the Internet in turn proves to make the material itself more public. “Glenn Beck is experiencing the Streisand Effect first hand,” wrote FoxNewsBoycott.com. John Cook of Gawker.com also compared Beck’s actions to the Streisand effect: “Now Glenn Beck’s trying to shut down their web site, ensuring that people will write about it.” Jeffrey Weiss of Politics Daily wrote that by taking legal action, Beck “did the one thing guaranteed to garner the greatest amount of publicity for the site”. Techdirt described Beck’s legal action as “not particularly smart”, and noted: “Beck would have been better off just ignoring it. Instead, in legitimizing it by trying to take it down, many more people become aware of the meme — and may start calling attention to situations where Beck (and others) make use of such tactics.” The blog Hot Air noted the issue could gain attention if it becomes a test case for the First Amendment: “If this becomes a First Amendment test case, the smear’s going to be covered far and wide…”

Monday, March 28, 2011

An ambitious project to bring a unique tram-train service to Sheffield and Rotherham, in the United Kingdom, is back on track, following the announcement of a £150,000 Government grant on Thursday. The plans, which were originally to see tram-train operation on a trial basis over the Penistone line during 2010, have been on the cards since 2008, but were shelved during 2009 to allow alternative proposals to be drawn up. The current plans will now see the vehicles operating along a currently-freight-only line between Rotherham and Meadowhall, before linking up with the existing South Yorkshire Supertram network there and continuing onto the streets of Sheffield.

The plans to use tram-trains — which are already in widespread use throughout continental Europe, but not at all within the UK — have come about as an alternative to an original proposal to extend the Supertram network to Rotherham, which would be a much larger expense for the same or even fewer benefits.

Whilst the journey between Sheffield and Rotherham is already covered by mainline trains, project officials believe that the new service – running via Meadowhall South and Rotherham Central and terminating at Parkgate, with a twenty-minute headway throughout – will attract extra custom to the intermediate points between the two conurbations, as well as making travel easier for people who find it hard to walk to and from Sheffield’s railway station; the tram-trains will serve the heart of the city-centre.

Now that the funding for further feasibility work has been approved, Network Rail, Northern Rail and the South Yorkshire Passenger Transport Executive (SYPTE) can continue to look at the business and project case for the trial, which will look at a range of issues, including economic and environmental benefits of the tram-trains, and ensuring that the vehicles will be safe to run on both the Supertram network and heavy rail tracks.

Transport Minister Norman Baker announced the sum, and stressed the Government’s commitment to the scheme: “There is no doubt about finance being available to deliver the scheme. The Government is committed to a trial of tram-trains in the UK and the route between Sheffield and Rotherham is the best place to develop it. This is a unique scheme.

“Tram-trains offer passengers travelling from rural and suburban areas into city centres a viable, environmentally sound alternative to short and medium car commuting that can cut congestion and reduce overcrowding at railway stations.

“These sorts of rail fleets are already in use on the continent, but this is a first for the UK. The funding we are providing for this exciting project represents a real chance for us to test whether they can be adapted successfully for South Yorkshire and the rest of the UK.”

David Brown, director of SYPTE, added: “We have done an awful lot of work on the plans so far and further efforts will look at ensuring the vehicles are compatible with both types of network, which are the same gauge.”

If further investigations are successful, the system could be up and running by 2014.

Tuesday, June 27, 2006

Australian Minister for Vocational Education and Training, Gary Hardgrave has announced the government will provide AU$15.8 million to establish an Australian Technical College in North Adelaide. The minister said the government was entering into a partnership with the Archdiocese of Adelaide and consortium of industrial and manufacturing companies.

The North Adelaide college will be located in Elizabeth and be operated as an independent non-government school. The college is one of 25 to be established across the country.

Enrolments at the college will begin in 2007 and will offer courses in areas where identified skills shortages exist in the North Adelaide region, specifically – engineering, construction, electronics and cooking.

Mr Hardgrave said that the proposed college had been popular among the North Adelaide business community. “This important initiative has been well received by North Adelaide business and industry, and will help to address skills needs and provide opportunities for those in greatest need, including a lot of Indigenous students in the region,” Mr Hardgrave said.

“The fact that this College is being led by local employers, local government and other key stakeholders, means it will be truly industry and community driven,” he said.

Australian Technical Colleges were established to cater for year 11 and 12 students who wish to do an apprenticeship as part of their school education.

The Australian Education Union has expressed a number of concerns about the model put forward by the government. In a report, they claim that trade facilities at TAFE colleges (operated by state governments) will deteriorate as funding is diverted to the ATCs. The union is also concerned that ATCs are supposed to be selective VET schools. According to the union they will have selective entry and preferential funding. It is feared that teachers will be lured away from schools and TAFE colleges to higher paid positions in ATCs.

The Education Union suggested that the government invest in schools that already offer vocational education programs.

Tuesday, August 31, 2010

Every September, the Apple iPod is redesigned. Last year saw the release of the iPod Nano 5th generation, bringing a video camera and a large range of colours to the Nano for the first time. But as Apple again prepares to unveil a redesigned product, the company has released their quarterly sales figures—and revealed that they have sold only 9m iPods for the quarter to June—the lowest number of sales since 2006, leading industry anylists to ponder whether the world’s most successful music device is in decline.

Such a drop in sales is not a problem for Apple, since the iPhone 4 and the iPad are selling in high numbers. But the number of people buying digital music players are concerning the music industry. Charles Arthur, technology editor of The Guardian, wrote that the decline in sales of MP3 players was a “problem” for record companies, saying that “digital music sales are only growing as fast as those of Apple’s devices – and as the stand-alone digital music player starts to die off, people may lose interest in buying songs from digital stores. The music industry had looked to the iPod to drive people to buy music in download form, whether from Apple’s iTunes music store, eMusic, Napster or from newer competitors such as Amazon.”

Mark Mulligan, a music and digital media analyst at Forrester Research, said in an interview that “at a time where we’re asking if digital is a replacement for the CD, as the CD was for vinyl, we should be starting to see a hockey-stick growth in download sales. Instead, we’re seeing a curve resembling that of a niche technology.” Alex Jacob, a spokesperson for the International Federation of the Phonographic Industry, which represents the worldwide music industry, agreed that there had been a fall in digital sales of music. “The digital download market is still growing,” they said. “But the percentage is less than a few years ago, though it’s now coming from a higher base.” Figures released earlier this year, Arthur wrote, “show that while CD sales fell by 12.7%, losing $1.6bn (£1bn)in value, digital downloads only grew by 9.2%, gaining less than $400m in value.”

Expectations that CDs would, in time, become extinct, replaced by digital downloads, have not come to light, Jacob confirmed. “Across the board, in terms of growth, digital isn’t making up for the fall in CD sales, though it is in certain countries, including the UK,” he said. Anylising the situation, Arthur suggested that “as iPod sales slow, digital music sales, which have been yoked to the device, are likely to slow too. The iPod has been the key driver: the IFPI’s figures show no appreciable digital download sales until 2004, the year Apple launched its iTunes music store internationally (it launched it in the US in April 2003). Since then, international digital music sales have climbed steadily, exactly in line with the total sales of iPods and iPhones.”

Nick Farrell, a TechEYE journalist, stated that the reason for the decline in music sales could be attributed to record companies’ continued reliance on Steve Jobs, CEO of Apple, saying that they had considered him the “industry’s saviour”, and by having this mindset had forgotten “that the iPod is only for those who want their music on the run. What they should have been doing is working out how to get high quality music onto other formats, perhaps even HiFi before the iPlod fad died out.”

When Jobs negotiated a deal with record labels to ensure every track was sold for 99 cents, they considered this unimportant—the iPod was not a major source of revenue for the company. However, near the end of 2004, there was a boom in sales of the iPod, and the iTunes store suddenly began raking in more and more money. The record companies were irritated, now wanting to charge different amounts for old and new songs, and popular and less popular songs. “But there was no alternative outlet with which to threaten Apple, which gained an effective monopoly over the digital music player market, achieving a share of more than 70%” wrote Arthur. Some did attempt to challenge the iTunes store, but still none have succeeded. “Apple is now the largest single retailer of music in the US by volume, with a 25% share.”

The iTunes store now sells television shows and films, and the company has recently launced iBooks, a new e-book store. The App Store is hugely successful, with Apple earning $410m in two years soley from Apps, sales of which they get 30%. In two years, 5bn apps have been downloaded—while in seven years, 10bn songs have been purchased. Mulligan thinks that there is a reason for this—the quality of apps simply does not match up to a piece of music. “You can download a song from iTunes to your iPhone or iPad, but at the moment music in that form doesn’t play to the strengths of the device. Just playing a track isn’t enough.”

Adam Liversage, a spokesperson of the British Phonographic Industry, which represents the major UK record labels, notes that the rise of streaming services such as Spotify may be a culprit in the fall in music sales. Revenues from such companies added up to $800m in 2009. Arthur feels that “again, it doesn’t make up for the fall in CD sales, but increasingly it looks like nothing ever will; that the record business’s richest years are behind it. Yet there are still rays of hope. If Apple – and every other mobile phone maker – are moving to an app-based economy, where you pay to download games or timetables, why shouldn’t recording artists do the same?”

Well, apparently they are. British singer Peter Gabriel has released a ‘Full Moon Club’ app, which is updated every month with a new song. Arthur also notes that “the Canadian rock band Rush has an app, and the industrial rock band Nine Inch Nails, led by Trent Reznor – who has been critical of the music industry for bureaucracy and inertia – released the band’s first app in April 2009.” It is thought that such a system will be an effective method to reduce online piracy—”apps tend to be tied to a particular handset or buyer, making them more difficult to pirate than a CD”, he says—and in the music industry, piracy is a very big problem. In 2008, the International Federation of the Phonographic Industry estimated that 95% of downloads were illegitimate. If musicians can increase sales and decrease piracy, Robert says, it can only be a good thing.

“It’s early days for apps in the music business, but we are seeing labels and artists experimenting with it,” Jacob said. “You could see that apps could have a premium offering, or behind-the-scenes footage, or special offers on tickets. But I think it’s a bit premature to predict the death of the album.” Robert concluded by saying that it could be “premature to predict the death of the iPod just yet too – but it’s unlikely that even Steve Jobs will be able to produce anything that will revive it. And that means that little more than five years after the music industry thought it had found a saviour in the little device, it is having to look around again for a new stepping stone to growth – if, that is, one exists.”

Sunday, April 11, 2010

A Muslim woman has been killed by her religious apparel during a freak go-cart accident in Port Stephens, Australia. Mariam Dadoun, a 26-year-old mother, was out with her two children and husband enjoying their vacation time. While visiting Port Stephens Go-Karts, the vehicle had twisted her flowing hijab in the wheel’s axle.

Peter Fox of Port Stephens Local Area Command said, “the scarf was pulled across her throat […] from one side of the body to the other side”.

Medical professionals on the scene succeeded in reviving Dadoun. However, she shortly died of severe neck and throat injuries after being airlifted in a Westpac rescue helicopter to the nearby John Hunter Hospital.

The track has since been closed pending further investigation and a lack of proper licensing. The go-cart used in the accident has similarly been taken away for forensic examination by police authorities.

The spokesman of the New South Wales division of WorkCover, an organization tasked with ensuring the safety of amusement devices, commented that, “[Go-carts are] classified as amusement devices that have to be registered for safety purposes”. One go-cart on the property was found to lack proper guarding while the other had not been certified for use.

Sharon and Scott Taylor were waiting in line with their children at the time. Scott said that the injuries were clearly severe as the paramedics began helping her. He added, “Her clothing had wrapped around her neck”. “The cart hit the wall and stopped and she was just slumped over,” remarked Sharon.

Dadoun was the mother of two children, aged six and four. According to her aunt, she was a devoted caregiver and had been always willing to help others. More specifically, she remarked, “If anyone needed help, she wouldn’t say no. She did a lot for everybody – for her friends, her family, her relatives.” Strongly said, “You can’t describe Mariam. She was the best.”

June 28, 2005

The Democratic Party held a public committee, aired on C-SPAN 3, at which former civilian employees based in or administering operations in Iraq, testified to specific instances of waste, fraud, and other abuses and irregularities by Halliburton and its subsidiary Kellogg, Brown and Root (KBR).

Allegations of fraud by Halliburton, specifically with regard to its operations in Iraq, have persisted since before the Iraq War. The associations between U.S. Vice President Dick Cheney and Halliburton, have been the basis for repeated speculation over possible political improprieties and business profiteering from the war.

Among the senators and representatives present at the hearing were Byron Dorgan (presiding), Henry Waxman, Frank Lautenberg, and Mark Dayton.

Among those testifying were Bunny Greenhouse, former Chief Contracting Officer of the U.S. Army Corps of Engineers, Rory Mayberry, former Food Program Manager for Halliburton subsidiary, and Allan Waller, of the Lloyd-Owen International security and operations firm.

Greenhouse, who provided the bulk of testimony, spoke for several minutes about her involvement in the evaluation and crafting of government Army contracts, and how explaining how superiors undermined and dismissed her concerns of illegal business practices. “Ultimately my main concern was the repeated insistence that the Rio contract be awarded to KBR without competitive bidding,” Greenhouse said. She testified to have been given misinformation in answer to her complaints, and being “overtly misled” by KBR managers.

Mayberry, still in Iraq, testified by video from questions prepared by the committee. He said that KBR routinely sold expired food rations to the Army. The interviewer asked, “Are you saying that Halliburton deliberately falsified the number of meals they prepared and then submitted false claims for reimbursement and that they did this to make up for past amounts auditors had disallowed?” Mayberry firmly answered “Yes.” He said that serving expired food ration was “an everyday occurrence, sometimes every meal.” He explained that Halliburton systematically overcharged for the number of meals as well, saying, “they were charging for 20,000 meals and they were only serving 10,000 meals.” Dorgan later commented, “obviously there’s no honor here, by a company that would serve outdated food to our troops in Iraq.”

Mayberry also claimed would-be whistleblowers were threatened “to be sent to Falluja” and other “places under fire” if they talked to media or governmental oversight officials. In 2003 and 2004, Falluja had been well known as dangerous for foreign troops and civilians. “I personally was sent to Falluja for three weeks. The manager told me that I was being sent away until the auditors were gone, because I had talked to the auditors,” Mayberry said.

“The threat of being sent to a camp under fire was their way of keeping us quiet. The employees who talked to auditors were sent to camps under more fire than other camps, and Anaconda.” This report led Dorgan and others to voice considerable outrage that U.S. citizens would be personally threatened with harm for talking to oversight officials or media.

Allan Waller testified to specific examples of how KBR officials had conspired in blocking Lloyd-Owen fuel transports, and using other coercive means against its competitor. The British Lloyd-Owen has a direct contract with the Iraq government to provide fuel to various parts of the country.

In his introductory remarks, Dorgan explained that Senate Republicans had blocked or ignored any requests by Democrats to have a formal bipartisan hearing, resulting in the need for an independent committee.

Friday, August 12, 2005

On the 11th August, the former Prime Minister of Japan Riyutaro Hashimoto, age 68, formally indicated he would not run for the Okayama 4th constituency of the House of Representatives, the Lower House of Japan, due to defectiveness of his physical condition, possibly nominally. Since the current prime minister Junichiro Koizumi had resolved that House, an election will be held on September 11.

The next day of that announcement, on the 12th, the Liberal Democratic Party (LDP) executive committee showed they had no intention to recognize him as a candidate to proportional representative constituency. There might be no possibility for him to run for the coming election as the LDP candidate and his political career would inevitably end.

On the July, 2004 it was reported that Hashimoto did not state the donation of 1 hundred million yen from a lobbist organisation in the annual political financial income and outgo report, which is legally mandatory to all minister and parliament speakers. Hashimoto had received that donation from the Japan Dental Political Federation, one of his main supporting organisations. His relation between medical and pharmacy lobbyists began at least in 1963 when he was appointed as a secretary of Minister of Health and Welfare. In the same year, he ran for a constituency for which his father had run since his death in that year. Later he was appointed to the Minister of Health and Welfare and played a roll as the representative of this ministry during his career.

Hashimoto had been a speaker of the House of Representatives since September 1963. He had not lost his seat until now. He was appointed to the Minister of Health and Welfare, and the Minister of Industrial Minister successively. He was the president of the LDP from 1995 until the party lost at the election of the House of Councillors in 1998. He was also the Prime Minister of Japan from 1996 till his resignation from LDP presidency. In 2001 he ran again for the presidency of the party, but was defeated by the present Prime Minister Koizumi Junichiro.

Wednesday, January 28, 2009

The British government has announced a £2.3 billion package of aid to attempt to support the country’s car manufacturing industry.

Lord Peter Mandelson, the Secretary of State for Business, Enterprise and Regulatory Reform announced to the House of Lords that the government planned to obtain £1.3 billion from the European Investment Bank for the industry. A further £1 billion loan is available if the industry agrees to invest it in environmentally friendly vehicles.

Mandleson told the Lords that the industry is vital to the British economy, which with “near one million employees from manufacturing to retailing” provides “£10 billion worth of added value to the economy.” However, he stressed that the government was not providing a “blank cheque” and would not provide operating subsidies.

His newly-appointed shadow Kenneth Clarke told the House of Commons that the plans were “pretty small beer” and repeated the Conservative charge that the government was “dithering” in the face of the downturn. Liberal Democrat John Thurso also expressed disappointment in the plans.

Wednesday, February 6, 2008

David S. Touretzky, prominent free speech activist and critic of Scientology, discussed his opinions on the recent Internet backlash against the Church of Scientology in an interview with former Scientologist and Wikinews reporter Nicholas Turnbull. The recent conflict on the Internet between critics of Scientology and the Church has been spurred on in declarations by a nebulous Internet entity using the name Anonymous that the Church of Scientology “will be destroyed”. Anonymous has directed recent protests at Scientology centres across the world, which have attracted significant numbers of individuals supporting the cause. In recent e-mail correspondence with Wikinews, a representative of the Church of Scientology declared that the Church considers the activities of Anonymous to be illegal, and that Anonymous “will be handled and stopped”.

Touretzky, a research professor in artificial intelligence and computational neuroscience at Carnegie Mellon University, has been a prominent critic of the Church of Scientology since mid-1995, and has been protesting against Scientology vociferously since then; he has also run websites that publish material that Scientology wishes to keep suppressed from the public eye, such as extracts from Scientology’s formerly-confidential Operating Thetan (OT) materials. Touretzky views the actions of the Church of Scientology as being “a threat to free speech”, and has endured harassment by the Church of Scientology for his activities.

The Church of Scientology continues to suffer damage to its public reputation through increased exposure on the Internet and vocal protests by Scientology critics such as Prof. Touretzky. A recent event that focused intense attention on Scientology’s totalitarian attitude was the leak of an internal Church of Scientology propaganda video to the Internet video sharing site YouTube, in which celebrity Scientologist Tom Cruise spoke heavily in Scientology’s jargon and stated that that “we [Scientology] are the authorities” on resolving the difficulties of humanity. The declaration of war by Anonymous followed shortly after this leak, in the form of a video posted to the Internet.

The ongoing dispute, cast by some as Scientology versus the Internet, brought Scientology terms such as “SP” (Suppressive Person, an enemy of Scientology) and “KSW” (Keeping Scientology Working) into general usage by non-Scientologists from the late 1990s onwards; increased attention has been drawn to Scientology by the release of the Cruise video in addition to media coverage. This focus has caused an even greater propagation of these terms across the outside world, as Touretzky comments in the interview.

Wikinews asked Prof. Touretzky about the impact that the activities of Anonymous will have on Scientology, the public relations effect of the Tom Cruise video, the recent departure of individuals from the Church of Scientology’s executive management, the strategies that Anonymous will employ and Touretzky’s experiences of picketing the Church.