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When using open source makes you an enemy of the state

The US copyright lobby has long argued against open source software - now Indonesia’s in the firing line for encouraging the idea in government departments

It’s only Tuesday and already it’s been an interesting week for the world of digital rights. Not only did the British government changed the wording around its controversial ‘three strikes’ proposals, but the secretive anti-counterfeiting treaty, Acta, was back in the headlines. Meanwhile, a US judge is still deliberating over the Google book settlement.

As if all that wasn’t enough, here’s another brick to add to the teetering tower of news, courtesy of Andres Guadamuz, a lecturer in law at the University of Edinburgh.

Guadamuz has done some digging and discovered that an influential lobby group is asking the US government to basically consider open source as the equivalent of piracy - or even worse.

What?

It turns out that the International Intellectual Property Alliance, an umbrella group for organisations including the MPAA and RIAA, has requested with the US Trade Representative to consider countries like Indonesia, Brazil and India for its “Special 301 watchlist” because they use open source software.

What’s Special 301? It’s a report that examines the “adequacy and effectiveness of intellectual property rights” around the planet - effectively the list of countries that the US government considers enemies of capitalism. It often gets wheeled out as a form of trading pressure - often around pharmaceuticals and counterfeited goods - to try and force governments to change their behaviours.

Now, even could argue that it’s no surprise that the USTR - which is intended to encourage free market capitalism - wouldn’t like free software, but really it’s not quite so straightforward.

I know open source has a tendency to be linked to socialist ideals, but I also think it’s an example of the free market in action. When companies can’t compete with huge, crushing competitors, they route around it and find another way to reduce costs and compete. Most FOSS isn’t state-owned: it just takes price elasticity to its logical conclusion and uses free as a stick to beat its competitors with (would you ever accuse Google, which gives its main product away for free, of being anti-capitalist?).

Still, in countries where the government has legislated the adoption of FOSS, the position makes some sense because it hurts businesses like Microsoft. But that’s not the end of it.

No, the really interesting thing that Guadamuz found was that governments don’t even need to pass legislation. Even a recommendation can be enough.

Example: last year the Indonesian government sent around a circular to all government departments and state-owned businesses, pushing them towards open source. This, says the IIPA, “encourages government agencies to use “FOSS” (Free Open Source Software) with a view toward implementation by the end of 2011, which the Circular states will result in the use of legitimate open source and FOSS software and a reduction in overall costs of software”.

Nothing wrong with that, right? After all, the British government has said it will boost the use of open source software.

But the IIPA suggested that Indonesia deserves Special 301 status because encouraging (not forcing) such takeup “weakens the software industry” and “fails to build respect for intellectual property rights”.

From the recommendation:

“The Indonesian government’s policy… simply weakens the software industry and undermines its long-term competitiveness by creating an artificial preference for companies offering open source software and related services, even as it denies many legitimate companies access to the government market.

Rather than fostering a system that will allow users to benefit from the best solution available in the market, irrespective of the development model, it encourages a mindset that does not give due consideration to the value to intellectual creations.

As such, it fails to build respect for intellectual property rights and also limits the ability of government or public-sector customers (e.g., State-owned enterprise) to choose the best solutions.

Let’s forget that the statement ignores the fact that there are plenty of businesses built on the OSS model (RedHat, Wordpress, Canonical for starters). But beyond that, it seems astonishing to me that anyone should imply that simply recommending open source products - products that can be more easily tailored without infringing licensing rules - “undermines” anything.

In fact, IP enforcement is often even more strict in the open source community, and those who infringe licenses or fail to give appropriate credit are often pilloried.

If you’re looking at this agog, you should be. It’s ludicrous.

But the IIPA and USTR have form here: in recent years they have put Canada on the priority watchlist.

Posted by Bobbie Johnson, San Francisco Tuesday 23 February 2010 19.59 GMT guardian.co.uk

When using open source makes you an enemy of the state | Technology | guardian.co.uk.

The Rogue Nation

By Philip Girald

March 11, 2010 “Antiwar” — In spite of the fact that the United States faces no enemy anywhere in the world capable of opposing it on a battlefield, the Defense budget for 2011 will go up 7.1 percent from current levels. A lot of the new spending will be on drones, America’s latest contribution to western civilization, capable of surveilling large areas on the ground and delivering death from the skies. It is a peculiarly American vision of warfare, with a “pilot” sitting at a desk half a world away and pressing a button that can kill a target far below. Hygienic and mechanical, it is a bit like a video game with no messy cleanup afterwards. The recently released United States Quadrennial Defense Review reports how the Pentagon will be developing a new generation of super drones that can stay airborne for long periods of time and can strike anywhere in the world and at any time to kill America’s enemies. The super drones will include some that can fly at supersonic speeds and others that will be large enough to carry nuclear weapons. Some of the new drones will be designed for the navy, able to take off from aircraft carriers and project US power to even more distant hot spots. Drones are particularly esteemed by policymakers because as they are unmanned and can fly low to the ground they can violate someone’s airspace “accidentally” without necessarily resulting in a diplomatic incident.

Washington’s embrace of drones as the weapon of choice for international assassination is one major reason why the United States has become the evil empire. Drones are the extended fist of what used to be referred to as the Bush Doctrine. Under the Bush Doctrine Washington asserted that it had a right to use its military force preemptively against anyone in the world at any time if the White House were to determine that such action might be construed as defending the United States. Vice President Dick Cheney defined the policy in percentage terms, asserting that if there was a 1% chance that any development anywhere in the world could endanger Americans, the United States government was obligated to act. It should be noted that President Barack Obama has not repudiated either the Bush doctrine or the 1% solution of Dick Cheney and has actually gone so far as to assert that America is fighting Christianity-approved “just wars,” a position disputed by Pope Benedict XVI among others. Far from eschewing war and killing, the number and intensity of drone attacks has increased under Obama, as has the number of civilian casualties, referred to by the splendid bloodless euphemism “collateral damage.”

Drones are currently killing people in Afghanistan, Pakistan, Yemen, and Somalia. It should be noted that the United States is not at war with any of those countries, which should mean in a sane world that the killing is illegal under both international law and the US Constitution. America’s Founding Fathers used constitutional restraints to make it difficult for Americans to go to war, requiring an act of war by Congress. Unfortunately it has not worked out that way. The US has been involved in almost constant warfare since the Second World War but the most recent actual declaration of war was on December 8, 1941. And then there are the special and clandestine operations that span the globe. Apart from Israel, no other country in the world has an openly declared policy of going around and killing people. One would think that the international community would consequently regard both Tel Aviv and Washington as pariahs, but fear of offending the world’s only super power and its principal client state has aborted most criticism. Most nations are resigned to letting assassination teams and hellfire armed drones operate as they please. If Iran were operating the drones and bumping off its enemies in places like Dubai you can be sure the reaction would be quite different.

And it doesn’t stop there. Obama’s Attorney General Eric Holder has effectively blocked any inquiry into the use of torture by US government officials, mostly from the CIA. The Administration claims to have stopped the practice but has declared that no one will be punished for obeying orders to waterboard prisoners, an argument that was not acceptable at the Nuremberg trials in 1946 and should not be acceptable now. The United States is a signatory to the international agreement on torture and there are also both federal and state laws that prohibit either carrying out or enabling the practice, so the ruling by Holder is essentially a decision to ignore serious crimes that were committed against individuals who, in many cases, were both helpless and completely innocent. It also ignores the participation of Justice Department lawyers and CIA doctors in the process, involvement that most would consider both immoral and unethical. Worst of all, it lets off the hook the real war criminals, people like George Tenet and those in the White House who approved the practice. Tenet, one recalls, received the Presidential Medal of Freedom and a $4 million book deal. He still teaches at Georgetown University. Justice Department lawyers John Yoo and Jay Bybee, who made the legal arguments for torture are now respectively a tenured professor at Berkeley and a federal appeals court justice. One assumes that the actual CIA torturers continue to be employed by the federal government or are enjoying a comfortable retirement. So much for accountability for war crimes under President Obama.

Finally there is assassination. On February 3rd Director of National Intelligence Dennis Blair commented during a congressional briefing that the United States reserves the right to kill American citizens overseas who are actively “involved” with groups regarded as terrorist. Involvement is, of course, a very slippery expression providing maximum latitude for those seeking to make a case for summary execution. The death list involves a due process of sorts in that a government official makes the decision who shall be on it based on guidelines but it does not allow the accused to challenge or dispute evidence. It should also be noted that no one in Congress objected to the Blair statement and the media hardly reported the story, suggesting that tolerance of illegal and immoral activity now pervades the system. As former Reagan Deputy Attorney General Bruce Fein has commented, the claimed authority to suspend one’s constitutional rights overseas can be extended to anyone in the United States by declaring one an enemy combatant under the terms of the Military Commissions Act. Jose Padilla was denied his constitutional rights to a fair trial even though he was an American citizen and was arrested in Chicago, not overseas. Can we anticipate extrajudicial killing of American citizens in America as part of the war on terror? Of course we can.

Three strikes and you’re out, Mr. Obama. Your government stands for preemptive killing and missile strikes on people living in countries with which America is not at war, lets torturers and torture enablers go free, and has asserted the right to assassinate its own citizens anywhere in the world based on secret evidence. Ronald Reagan once described his vision of America as a shining city on a hill. Over the past ten years the shining city has become the ultimate rogue nation, pumped up with power and hubris in spite of the clearly visible signs of decline and moving inexorably towards a catastrophic fall.

Philip Giraldi, a former CIA officer, is a contributing editor to The American Conservative and a fellow at the American Conservative Defense Alliance.

The Rogue Nation   : Information Clearing House -  ICH.

Palestinians Should Declare Statehood

By Cesar Chelala

March 11, 2010 “Information Clearing House” — The unceasing building of settlements on Palestinian land underscores the need for Palestinians to take a more definite action regarding their future and their rightful desire to have their own state. They should declare statehood.

While condemning Israel’s decision to build more settlements in east Jerusalem as a move that could “inflame” tensions, U.S. Vice-President Joe Biden has told Palestinians that they deserve a “viable” independent state with contiguous territory. At the same time, both French and Spanish officials are reportedly working the conditions that would lead to a European recognition of an independent Palestine.

This measure has the support of some Israelis. A recent newspaper ad by Gush Shalom, one of the best known peace groups in Israel reads, “We shall welcome the declaration of the Free State of Palestine.”

Palestinians Should Declare Statehood    : Information Clearing House -  ICH.

The New McCarthyism

By Joe Conason

March 11, 2010 “Creators.com” - -The national madness known as “McCarthyism” began 60 years ago in Wheeling, W.V., when Joseph R. McCarthy held up a scrap of paper that supposedly listed the names of 57 State Department officials he said were actually Communists and traitors.

Eventually, America learned that the Wisconsin Republican’s famous list was a fabrication, that he was a liar and a demagogue as well as an alcoholic — and that his authoritarian appeals to fear were worse than useless in defending our security. But by then, McCarthyism’s self-serving and fundamentally unpatriotic promoters had inflicted grave damage on the body politic and international prestige of the United States.

Today, McCarthy’s heirs are more slick and glib than he ever was, yet their fundamental methods are the same. When Elizabeth Cheney, William Kristol and their media friends slander Justice Department attorneys as the “al-Qaida 7″ and malign the “Department of Jihad,” they are engaging in the smear tactics that became synonymous with McCarthy.

The New McCarthyism  : Information Clearing House -  ICH.

The former superpower that had contributed the lives of over 25 million of its people to World War II was left with only the nuclear power capability for a strategic response, something it had been forced to create after the United States secretly developed the nuclear bomb that it dropped on two Japanese cities when the adversary, already defeated by the irrepressible advance of the allied forces, was unable to fight.

Such was the beginning of the Cold War and the production of thousands of increasingly destructive and accurate thermonuclear weapons capable of annihilating the population of the planet several times over. Nevertheless, the nuclear confrontation continued while the weapons grew more accurate and destructive. Russia does not resign itself to the unipolar world that Washington intends to impose. Other nations such as China, India and Brazil are emerging with unexpected economic strength.

For the first time, in a globalized world full of contradictions the human species has created the capacity for self destruction. This in addition to unprecedented cruel arms such as chemical and bacteriological weapons: like napalm and white phosphorous used with total impunity against the civilian populations, the electromagnetic weapons and other forms of extermination. No place on earth or in the sea, no matter how deep, is beyond reach of the current means of war.

It is known that tens of thousands of nuclear devices have been produced, even portable ones.

The greatest risk stems from the judgment of leaders with such decision-making power that mistakes or madness, so common in human nature, could lead to unspeakable catastrophes.

The Threatening Dangers   : Information Clearing House -  ICH.

Billionaires and Mega-Corporations Behind Immense Land Grab in Africa

20+ African countries are selling or leasing land for intensive agriculture on a shocking scale in what may be the greatest change of ownership since the colonial era.

By John Vidal

March 11, 2010 “Mail & Guardian” — Awassa, Ethiopia — We turned off the main road to Awassa, talked our way past security guards and drove a mile across empty land before we found what will soon be Ethiopia’s largest greenhouse. Nestling below an escarpment of the Rift Valley, the development is far from finished, but the plastic and steel structure already stretches over 50 acres* — the size of 20 soccer fields.

The farm manager shows us millions of tomatoes, peppers and other vegetables being grown in 1,500 foot rows in computer controlled conditions. Spanish engineers are building the steel structure, Dutch technology minimises water use from two bore-holes and 1,000 women pick and pack 50 tons of food a day. Within 24 hours, it has been driven 200 miles to Addis Ababa and flown 1,000 miles to the shops and restaurants of Dubai, Jeddah and elsewhere in the Middle East.

Billionaires and Mega-Corporations Behind Immense Land Grab in Africa    : Information Clearing House -  ICH.

March 11, 2010 “Dissident Voice” — The social programming language of capitalist authoritarianism seeks to activate personal greed, intellectual insecurity and visceral racism as motivators of guided popular political reaction. The Pavlovian logic to this scheme of social manipulation is that all human beings are possessive, gullible and fearful.

Don’t think this last generalization too extreme. Rare are the people who are as unconcerned about their survival and possessions as were Diogenes of Sinope, the Greek “cynic” philosopher of the 4th century BC, and Ryōkan Taigu (1758-1831), the hermit Zen monk poet and calligrapher. Similarly, rare are the people, without organic brain disorders, who do not have some fear of being made fools of when matching wits with more polished, more educated, more experienced, more charismatic or simply a luckier class of people. Lastly, we are all racists. As highly evolved monkeys, we instinctively identify with our monkey troop of people with similar appearance, existential outlook, language, culture, place of origin, the economic neighborhood we imagine we deserve a place in, and the socio-political fantasy we have been imprinted with and trained to take as the thread of history that expresses us.

As we become more self-aware, more experienced and better educated, we can see through many of the racist concepts and attitudes of the past. But it is self-deception to imagine that we have ever individually “gone beyond racism” in our visceral responses to the instants of daily life that erupt before us, or that we will never have a sudden emotion, thought or fear that is completely above the muck of primordial racist reaction. It is intellectual pride, and false, to assume we can consciously will ourselves to transcend the psychological reactions of our paleo-mammalian brains. Instead, it is psychologically much healthier to realize that our common human nature assures that any behavior humanly possible, remains humanly possible for each of us as well.

Decoding The Language Of Social Control : Information Clearing House -  ICH.

Five years and a new president later, however, Sheehan will be sleeping under the stars again, and for the same cause. Her new coalition, Peace of the Action, is launching the Camp OUT NOW! tent city at the base of the Washington Monument next week in an effort to get President Barack Obama to pull troops out of Iraq, Afghanistan and Pakistan immediately. (Sheehan concedes that this time around, she will rent a bedroom in which to store her belongings, take showers and occasionally sleep.)

Sheehan turning attention to Obama, camping out at Washington Monument - TheHill.com.

By Prof. Joe Cummins

The Institute of Science in Society

US regulatory agencies are aiding and abetting in killing bees and more

This report has been submitted to the US EPA on behalf of ISIS

SmartStax corn

Smartstax is a genetically modified (GM) corn that has eight GM traits combined or ‘stacked’ together, six for insect resistance (Bt) and two for herbicide tolerance. Current stacked GM trait crops on the market only have up to three traits each. SmartStax was created through a collaboration between Monsanto and Dow AgroSciences, allowing the two corporations to share GM traits. The traits are combined together using crosses between existing transgenic corn lines rather than using genetic transformation of a single maize strain. Interestingly, a collection of old transgenes brought together with traditional crosses are being described as the ‘new’ technology.

Monsanto and Dow are predicting that SmartStax will be the largest commercial launch of a single GM corn because it will replace a lot of the existing GM corn varieties on the market. The main benefit of Smartstax maize is that it provides above and below ground insect protection along with tolerance to two herbicides (glyphosate and glufosinate) [1]. Herbicide tolerance and insect resistance genes are engineered in redundant combinations in the belief that it will prevent establishment of resistances to herbicides and the Bt proteins among weeds and insect pests respectively [2].

SmartStax Corn: Corporate War on Bees « Food Freedom.

Homes and livelihoods gone in an instant

Eva Bartlett writing from the occupied Gaza Strip, Live from Palestine, 11 March 2010

Israeli bulldozers destroyed three homes and 17 dunams of agricultural land in eastern Khan Younis on 18 February.

Radia Abu Sbaih, 47, lives with her sister and one niece on family land roughly 700 meters from the “green line” boundary between Israel and Gaza. Until 18 February 2010, they had nearly 600 olive, fruit, date and nut trees, an agricultural cistern, a water well, various vegetables and a house.

Theirs was one of three homes demolished by Israeli military bulldozers that day in al-Mossadar, eastern Gaza. Around 8am that morning, approximately five Israeli military bulldozers and upwards of 10 Israeli tanks, accompanied by more than 50 foot soldiers, invaded the farming region, according to locals.

“We were in our home when we heard the Israeli tanks and bulldozers approaching. We ran off immediately,” says Sbaih.

….All images by Eva Bartlett.

Eva Bartlett is a Canadian human rights advocate and freelancer who arrived in Gaza in November 2008 on the third Free Gaza Movement boat. She has been volunteering with the International Solidarity Movement and documenting Israel’s ongoing attacks on Palestinians in Gaza. During Israel’s recent assault on Gaza, she and other ISM volunteers accompanied ambulances and documenting the Israeli attacks on the Gaza Strip. …. Homes and livelihoods gone in an instant « Aletho News.

3.10.2010

Dr. David Ray Griffin on 911: “We’re Really in the Level of Proof Now - not conjecture”

Corporate media mouthpieces would do well to heed Abraham Lincoln’s words of wisdom should they expect to survive our crisis in America:

” You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.”

Media character assassinations of the messengers bringing 911 truth contradicting the fairytale that was force-fed to the public by their feckless “representatives” follow a usual pattern. But times are a’changin’.

The geometric growth in public awareness regarding the facts of 911 truth has brought with it newly invigorated and stronger demands for answers from government and misleading media who continue propagandistic pollution of our public airwaves. Who would expect that the profit motive would help enlighten our typically purblind corporate fountains of koolaid propaganda as they face a stark reality: that if they continue to pretend that overwhelming evidence of fraud and crime doesn’t exist- they will continue to lose viewers - and lost viewers means lost advertising dollars. That’s how America really works - and there is no escaping that fact!

RT Interviews Dr. David Ray Griffin-see first video below

American’s Journey: Dr. David Ray Griffin on 911: “We’re Really in the Level of Proof Now - not conjecture”.