Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts

Tuesday, 23 September 2014

Double standards, anyone?

Here is a light-hearted look at dirty politics in New Zealand and the Nats' ripoff of a song from Eminem.

There is, however, an unfunny side to this story.

The National party have been guilty of copyright infringement (which is in the words of campaign organiser and Minister of the Crown “fairly legal”) while the NZ police mount an armed raid on behalf of Hollywood and the US government on a man they have just granted permanent residence to, for the very same thing – violation of copyright.

Watch the video (which can't be embedded for copyright reasons – lol) and then have a look at some of the other material – including the original advertisement (which should, by rights, have been removed from YouTube) and an execellent backgrounder from journalist John Campbell on the Kim Dotcom raids.

John Oliver - Eminem vs NZ National Party


To watch the video from the John Oliver show GO HERE








The National Party could be in legal trouble over its use of a song by US rap star Eminem despite its attempts to do everything by the book, a copyright lawyer says.

It was revealed today that Eminem intended to sue the party for allegedly breaching copyright by using his song Lose Yourself in its campaign advertisements.


Here is a backgrounder from NZ television on the Kim Dotcom raids


Monday, 15 September 2014

The Empire strikes back

It is amazing what gets at one.

For me what was most upsetting was the spectacle of a PM, who is supposed to uphold some decorum and dignity, behaving like a common thug, calling an esteemed journalist "those clowns" and "a loser".

The mask has come off the smiling assassin.

What is almost as upsetting is that seems not so much as ruffled a feather.

This offends the rather conservative values that I grew up with.

I would say that with John Key voted back into office we will, in this country be just a heartbeat from full-blown fascism.

The article below dispenses with what is supposed to be journalistic balance and is the Empire striking back. Roll on 7 pm!

Dotcom email is a fake - Warner Bros
  • Purported email is the evidence Kim Dotcom plans to reveal tonight
  • Said to be written by Warner Bros CEO at time of Hobbit negotiations
  • PM allegedly in on plan to have Dotcom extradited to US
  • Warner Bros dismisses email as a fake
  • Key says he has no recollection of such a conversation



15 September, 2014

The Kim Dotcom "big reveal" is out - and has almost immediately been dismissed as a fake.

The "reveal" is an email which purports to show Prime Minister John Key involved in a plan to get the internet entrepreneur into New Zealand so he could be extradited to the United States.

It is the evidence which Dotcom is planning on producing at the Moment of Truth event tonight. It is also contrary to every assurance the Prime Minister has ever given about his knowledge of Dotcom.

The source of the email is shrouded in mystery and there are likely to be arguments over its authenticity.


It is is dated October 27, 2010 and is purported to be from Warner Brothers chairman and chief executive Kevin Tsujihara to a senior executive at the Motion Picture Association of America - the lobby group for the Hollywood studios.

However, Warner Bros told the Herald the email was a fake. Paul McGuire, the movie studio's senior vice president for worldwide communications, told the Herald: "Kevin Tsujihara did not write or send the alleged email, and he never had any such conversation with Prime Minister Key."

Mr McGuire said: "The alleged email is a fabrication."

Mr McGuire said Warner Bros had conducted a "thorough internal review" before dismissing the email. The review would have taken place in just over two hours between the Herald asking questions of the studio and the response.

The MPAA's Kate Bedingfield also dismissed the email. She said: "Mike Ellis never received this alleged email or discussed this matter with Kevin Tsujihara."


Warner Brothers chairman and chief executive Kevin Tsujihara in 2010 after meeting John Key over the future of The Hobbit. Photo / Mark Mitchell

Mr Key said this afternoon he had absolutely no recollection or record of any such conversation. "I do not believe that to be correct. I have no recollection of the conversation alluded to in that email, there are no records there and the meetings I had were with other people around me. So in the end we'll try go and get to the bottom of it, but we don't have any record of it."

He said in all the meetings he had with Mr Tsujihara there were other people present.

Asked if he had asked the Warners' executives about it, he said he was only made aware of it a few minutes earlier. "So, yeah, we'll go and ask them. But look, I'd never heard of the guy. I hadn't been briefed on the guy.

"Look, I can't recall any conversation with him, I don't believe it to be correct but we'll go and check it out."

He again denied he was involved in the plan to have Mr Dotcom extradited.

Mr Key has previously said he had no knowledge of Dotcom before January 19, 2012, the day before the tycoon was arrested by NZ Police acting on behalf of the FBI.

The Herald has confirmed that the content of the email is the same information Dotcom is fronting this evening at the public meeting.

It is not from the cache of documents brought to New Zealand by journalist Glenn Greenwald, who is also speaking at the event to allege Mr Key misled the public over mass surveillance by spy agencies.

The date of the alleged email places it right in the midst of negotiations over The Hobbit, which saw the government change the law and grant concessions to keep the making of the trilogy in New Zealand.

Prime Minister John Key and Sir Peter Jackson on the set of The Hobbit. Photo / Alan Gibson
It is also smack in the middle of key dates relating to the granting of Dotcom's residency - a decision opposed by intelligence officials who screen immigrants but passed by Immigration officials amid talk of "political pressure".
Dotcom has claimed he was a bargaining chip used in the deal with Warner Bros.
The alleged email reads: "We had a really good meeting with the Prime Minister. He's a fan and we're getting what we came for. Your groundwork in New Zealand is paying off. I see strong support for our anti-piracy effort.
"John Key told me in private that they are granting Dotcom residency despite pushback from officials about his criminal past. His AG will do everything in his power to assist us with our case. VIP treatment and then a one-way ticket to Virginia.
"This is a game changer. The DOJ is against the Hong Kong option. No confidence in the Chinese. Great job."


___
The alleged email that's said to be part of Doctom's big reveal
The recipient of the alleged email was said to be the MPAA's Asia-Pacific president Michael Ellis, who has previously figured in the conspiracy Dotcom has claimed led to him being entrapped in New Zealand.
The email largely backs up the theory Dotcom has pushed for almost three years after being arrested in 2012 on behalf of the FBI on charges of criminal copyright violation.
Dotcom had claimed earlier this year that Tsujihara had him followed in Hong Kong.
Kevin Tsujihara of Warner Bros had me followed, photographed and surveilled in Hong Kong.

Mr Key has previously dismissed claims of a conspiracy and said he had no knowledge of Dotcom before January 19 2012, the day before the tycoon was arrested by NZ Police acting on behalf of the FBI.
It is dated the day after Mr Tsujihara met with Mr Key to discuss The Hobbit and dated the day before the decision to grant Dotcom residency on October 28.
The decision to make Dotcom a resident - allowing him to move to New Zealand - came after resistance from the Prime Minister's Security Intelligence Service.
The SIS screened Dotcom as part of the residency process and discovered the FBI was in the process of investigating the tycoon.
Emails obtained by the Herald under the Official Information Act showed the objections were over-ruled, with the spies doing the screening believing Immigration staff were under "political pressure".
Dotcom has previously claimed Mr Ellis, a former Hong Kong police superintendent with extradition expertise, had a role in the case against him. Records show Mr Ellis met with Justice Minister Simon Power on copyright issues prior to the 2011 election. He was also present at a meeting between US president Joe Biden with Hollywood executives and the MPAA's president Chris Dodd in July 2011. The MPAA ridiculed the suggestion, saying the meeting with Biden was to discuss getting films into China.

Thursday, 14 November 2013

BREAKING: Wilileaks' TPP scoop

Yes, they did! Here it is. God bless Nicky Hager. He is Ndew Zealand's No.1 investigative journalist.

NZ WikiLeaks scoop: NZ, US in trade battle
Secret details show NZ opposed US on issues such as copyright and medicines.


Nicky Hager
The intellectual property issue is important to Hollywood studios such as Warner Bros, which is behind The Hobbit.


14 November, 2013



Secret details of the United States-Pacific trade agreement have been leaked showing New Zealand in serious dispute with US negotiators on many issues.

These include internet freedom, access to affordable medicines, protection of New Zealand industrial innovation and ownership of native plants and animals.
After 3 years of intense negotiation and with political calls for an agreement by Christmas, New Zealand and the US are still far apart in key areas.
The UK-based WikiLeaks organisation has obtained the crucial "intellectual property" chapter of the Trans-Pacific Partnership agreement and released it exclusively to the Herald and Mexican, Chilean, US and Australian media.

The leaked chapter, marked "TPP Confidential", was produced and circulated to chief negotiators at the end of negotiations in Brunei in August. Insiders say there has been little progress in two meetings since then.
The 95-page draft includes some of the agreement's most contentious issues, such as copyright, patent and pharmaceutical rules.
It contains more than 250 references to New Zealand supporting or opposing particular clauses. In about 60 cases, New Zealand supports the US position. But in most cases the US and New Zealand are opposed to each other's proposals, usually with several other countries agreeing with New Zealand.
Intellectual property is especially important to Hollywood and US pharmaceutical, biotechnology and entertainment corporations, which have a strong influence over the Obama Administration's trade policy. Their influence is seen throughout the draft document.
A large section reveals the battle between the US pharmaceutical lobby and countries such as New Zealand that want to continue to buy cheaper generic medicines. The US negotiators have inserted several pages of measures to help maintain and extend the dominant position of big pharmaceutical companies. Only the US supported these proposals while Australia, Peru, Vietnam, New Zealand, Chile, Malaysia, Singapore and Brunei opposed them in full.
New Zealand is the lead nation for a series of alternative proposals to "adopt and maintain measures to encourage the timely entry of pharmaceutical products to the market". Canada, Singapore, Chile, Malaysia and Vietnam join New Zealand in proposing rules that would avoid blocks to generic medicines.
Since this text was written US Trade Representative Michael Froman has publicly proposed giving developing countries a phase-in period if they accept the US-promoted pharmaceutical rules, but this would give no relief to New Zealand.
Other areas of dispute are provisions that would require internet service providers to enforce copyright of behalf of foreign corporations, including closing down their customers' accounts; overseas royalty payments on all books, music and movies for 20 years longer than at present; restricting cheaper parallel importing; imposing penalties for breaking "digital locks" such as regional zones on lawful DVDs; allowing plants and animals to be patented; and allowing "diagnostic, therapeutic and surgical methods for the treatment of humans or animals" to be patented.
There is also dispute over agricultural chemicals.
A target of Christmas for concluding the agreement was set by President Barack Obama last year and was reconfirmed at the TPP leaders' meeting in Bali in October.
However the wide differences evident between the US and New Zealand mean someone would have to back down on national interest provisions - or the US back down - for there to be any prospect of the agreement being concluded. More than 100 issues are unresolved.
A coalition of groups, ranging from Internet New Zealand to Trade Me and the Library Association, have opposed the agreement. The Fairdeal Coalition's spokeswoman Susan Chalmers said the New Zealand negotiators have been sticking up for the country and called on the Government to support them.
"If New Zealand caves on the intellectual property chapter," she said, "it will face inevitable economic, cultural and social losses that in the long-term will likely outweigh any gains from improved agricultural access."
An earlier WikiLeaks release of US embassy cables showed former New Zealand chief TPP negotiator Mark Sinclair privately telling visiting US State Department Deputy Assistant Frankie Reed in February 2010 that there were "a number of areas sensitive to New Zealand" in the TPP talks and pharmaceuticals were "bound to be a contentious issue".
The deal
The Trans-Pacific Partnership is a trade deal under negotiation between 12 
countries: New Zealand, US, Singapore, Chile, Brunei, Australia, Vietnam, 
Peru, Malaysia, Canada, Mexico and Japan.
What's next
November 19-24: TPP negotiators gather in Salt Lake City to try to resolve issues.
December 7-9: Trade ministers meet in Singapore.
Christmas: Target date for concluding agreement.

Saturday, 19 January 2013

Kim Dotcom opens Mega - and challenges TPTB


To explain further, Mega’s terms say that nobody can access your stuff without your personal decryption key. And they don’t have it. Only you do. The company does, however, stipulate in the privacy policy that they might cooperate with law enforcement. But big deal; what are they going to turn over? When Twitter and Facebook cooperate with the authorities, they have access to your data. All Mega has is an encrypted file.
-- Max Keiser
Hands On With Kim Dotcom’s New Mega: This Service Could Dismantle Copyright Forever



18 January, 2013

Kim Dotcom's Mega officially launches tomorrow, but we're already in. From the membership plans we showed you this morning, the service might look like it's just another online storage locker like Dropbox or Google Drive. But it's way more than that. Mega is a weapon aimed straight at copyright rights holders. It's maybe the most private, invincible file-sharing service of all time.


When you first sign in, you see (instead of a big red button coyly promising to change the world) a simple drag-and-drop upload tool. A Mega upload tool.

Hands On With Kim Dotcom's New Mega: This Service Could Dismantle Copyright ForeverFrom there, you're immediately prompted to agree to terms and conditions. Our resident lawyertold us they're not very well written, but in essence, they absolve Mega for any liability whatsoever for and naughty things you might do with the service. Smart Move, Kim.
Hands On With Kim Dotcom's New Mega: This Service Could Dismantle Copyright ForeverAfter agreeing, you arrive at your Cloud Drive—the file manager where all of your everything lives. When you select one of your files or folders to upload you realize how fast this thing is. I went ahead and uploaded Metallica's Kill Em All in just a few minutes.
From there, with a single right-click, I can generate a download link for the album. And then I can send it to whoever I want. It's Megaupload with a file manager.
Hands On With Kim Dotcom's New Mega: This Service Could Dismantle Copyright ForeverSo what's to stop Mega from going down just the way Megaupload did? Mega's privacy, which is a no-foolin' stroke of genius. See, all of your files are encrypted locally before they're uploaded, so Mega has no idea what anything is. It could be family photos or work documents, or an entire discography of your favorite band. Poof: online and easy to share. And importantly, Mega doesn't have the decryption key necessary to get in. See? It's a masterstroke of copyright subversion.
Hands On With Kim Dotcom's New Mega: This Service Could Dismantle Copyright ForeverTo explain further, Mega's terms say that nobody can access your stuff without your personal decryption key. And they don't have it. Only you do. The company does, however, stipulate in the privacy policy that they might cooperate with law enforcement. But big deal; what are they going to turn over? When Twitter and Facebook cooperate with the authorities, they have access to your data. All Mega has is an encrypted file.
Hands On With Kim Dotcom's New Mega: This Service Could Dismantle Copyright ForeverSo why is this a copyright killer? Well, actually, it's way way more than a copyright killer; it enables the most private data exchanges of any online service available to the public. Prying eyes will have a hard time getting to them.
That's important because the private exchange of your data has always been a huge problem with online services. Take Google for example: Big G sometimes complies with requests to hand over your data—the data you thought was private. Google does it because it can be compelled to do so, and because it has access. Conversely, if authorities wanted to compel Kim Dotcom and company to hand over your data, they wouldn't be able to do it. And getting other information out of Mega—like the technical details about how its keys work—is legally problematic, to say the least.
Hands On With Kim Dotcom's New Mega: This Service Could Dismantle Copyright ForeverSo now two very big questions remain, and we can't answer them from simply demoing the site. The first, is how secure is Mega? Can hackers break in? Can the FBI?
The second question, is what are Kim Dotcom's future plans for this service? He's provided a vague roadmap for what lies ahead, but we can't be sure. We're looking forward to hearing what Kim Dotcom has to say at the launch press conference at 2:30AM EST Sunday morning. We'll be there, red-eyed and struggling to write coherently.



All hail Kim Dot God
---Max Keiser


Kim Dotcom: the internet cult hero spoiling for a fight with US authorities
German-born former hacker says his eyes have been opened to US tactics after his Megaupload site was shut down last year


Toby Manhire

18 January, 2013

In massive, swaggering capital letters, "Mega" stretches across the grassy slope in front of Dotcom Mansion. A huddle of electricians and carpenters are removing the wooden stencils and wiring in the fluorescent tubes. They are up to G. All around the vast grounds of Kim Dotcom's luxury home just north of Auckland, New Zealand, gardeners and technicians are busy, like Oompa-Loompas at the Chocolate Factory, setting up for the big night, overlooked by life-size inflatable giraffes and hippos.

On Sunday, almost a year after the internet entrepreneur and several of his associates were arrested in a spectacular dawn raid on the mansion, about 200 invited guests will gather at the opulent estate for the launch of Mega. The new cyberlocker service is a simplified, super-encrypted successor to Megaupload, the file-sharing site that once reputedly accounted for 4% of all internet traffic, and which US prosecutors had taken offline moments before the helicopters descended in New Zealand a year ago.

After spending almost a month in prison in early 2012, Dotcom and his co-accused were awarded bail – the first of a series of court victories that have left the prosecution case looking increasingly wobbly. With any hearing for extradition to the US to face criminal copyright charges having been pushed back, it is hard not to see the extravagant unveiling of the new site as a two-finger gesture aimed at US authorities.

"I don't see it like that," says Dotcom, sitting at the head of a 20-metre-long table out the back of the house, flanked by two of his lawyers and his co-accused colleague Finn Batao – all glued to iPads and laptops. The German-born tycoon is clearly more than willing to be cast as the courageous leader of a crusade against the dinosaurs of Hollywood and the politicians who enable their obsolete ways of doing business.

"We want to show the world that we are innovators. We want to show the world that cloud storage has a right to exist. And, of course, when you launch something like this, you can expect some controversy. The content industry is going to react really emotionally about this. The US government will probably try and destroy the new business … you've got to stand up against that, and fight that, and I'm doing that … I will not allow them to chill me."

The series of setbacks to the prosecution case has prompted speculation that the extradition hearing itself may never be heard – a scenario that Dotcom, who turns 39 next week, says he would regret. "We want to expose what has happened here. We have a lot of information that shows the political interference. We feel that what happened here was manufactured to destroy Megaupload, and we want to show that."

The case against Dotcom and his allies rests on proving that they were profiting, knowingly and willingly, from the illegal sharing of copyright-protected material – in effect, that the exchange of pirated goods was part of the Megaupload business model. "That's complete bullshit. Excuse my language, but that's just crap," says Dotcom.

"Megaupload was created initially as a service that allows you to send large files because email attachments had limitations … and that's still the case today. The popularity and initial growth was all around that. This was never set up with the intent to be some kind of piracy haven. If the US government says that we are a mega-conspiracy, a mafia that has created this kind of thing to be a criminal network of pirates, they're completely wrong … for them it was about shutting it down and dealing with it later on the fly. They are hacking the legal system."

And Dotcom knows a hacker. During what he has called his "young and stupid" years in Germany he was convicted for computer hacking, and later took a plea deal and a probation sentence over insider trading charges, though he maintains he was "actually saving a company and over 120 jobs". The conviction was subsequently wiped from his record under German clean-slate legislation.

Back then, Dotcom "thought of myself as more American than Americans", he says. "I always had this attitude of can-do, and if you're successful you can show it, which is a very un-German thing, you know. And now, in hindsight, looking at this, the US has lost a lot of its flair for me. It's becoming such an aggressive state."

After a year in which the Megaupload dispute has become one of the most prominent and colourful talking points in the debate over "internet freedom", Dotcom himself has, he says, had his eyes opened. "When you live in your happy bubble and you have everything you desire and you live a great life, you don't think about all the nasty shit that is happening. I have a much better understanding now of how the US government operates and how much spying is actually going on, how much privacy intrusion is the reality today … we are very close to George Orwell's vision becoming a reality."

In Dotcom's telling of the story, his travails began when the Motion Picture Association of America hired the veteran former senator Chris Dodd, who used his sway over his longtime ally the vice-president, Joe Biden, to encourage a move on Megaupload. "If you connect all the dots, and you see who the operators are behind all of this, you understand the political scope," he says.

"They had a political agenda, plus they had an upcoming election, and they needed an alternative for Sopa," says Dotcom, in a reference to the ill-fated and draconian Stop Online Piracy Act.

"It would probably have looked very bleak for [Obama] to go to Hollywood and ask them to help him get re-elected when he couldn't make Sopa happen for them. So Megaupload became a plan B."

Meanwhile, says Dotcom, an aggressive and outdated approach in Hollywood blinkers them from the potential to build a new business model around the internet. "There's so much money to be made, and those fools don't get it. They just don't get it."

While reluctant to talk in detail about the case of Aaron Swartz, the Reddit co-founder who killed himself last week after what some have claimed was disproportionate behaviour by prosecutors over a hacking case, there are "similarities in the way we have been prosecuted", says Dotcom. "Over-reaching abuse of power, no due process, just completely insane."

And he sees a similar pattern in the treatment of WikiLeaks. "I think Julian Assange's fear, that the Swedish government is co-operating with the US government and that there might be an attempt to extradite him from Sweden, is very real. So I sympathise with him. I see also similarities and abuses that are happening in the case against WikiLeaks that were happening to us."

The technologist formerly known as Kim Schmitz – and Kimble, and Kim Tim Jim Vestor, and His Royal Highness King Kimble the First – has attained a strange cult hero status in his adopted home, New Zealand. He arrived in 2009 after six years in Hong Kong, to provide his family – he and his wife Mona have five children – with a greener environment than that offered by the "concrete jungle".

The saga has also turned into a domestic political sinkhole. A rightwing government-supporting MP has seen his political career compromised, probably fatally, by revelations of undisclosed donations from Dotcom to an earlier mayoral campaign. Later, and more gravely, the prime minister was forced to apologise after accepting Dotcom had been illegally spied on.

With the Americans on the "warpath", says Dotcom, there seems little chance of the dispute ending amicably. But, he insists, swatting a fly away from his forehead, he remains open to talks.

"I'm not evil, you know? I'm a good guy. Everyone who knows me likes me … they should really come to the table, come to their senses and work this out. Because I'm not going to cave in. I'm going to fight this thing. And there's no way in hell that they have any chance to win this. I don't see it. I don't see it because I know I'm innocent, and the lawyers know I'm innocent, and we have right on our side."


To watch video GO HERE