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balanced and fair: Geist on copyright reform







balanced and fair: Geist on copyright
reform

balanced and fair: Geist on copyright
reform
06/16/2004 03:46 AM

Michael Geist's latest column in the Tornoto Star maps a sane process to realizing balance in IP. Help spread the sanity.




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balanced and fair: Geist on copyright reform

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Fair and Balanced?


Fair and Balanced? 10/28/2003 11:07 PM

Bill Gates recently got together with Steve Mills from IBM and demonstrated some web services interoperability between our two companies' products.  It has taken awhile to get to this point, from the initial hype to the point where some of these key scenarios work without smoke and mirrors; so it is nice to see a "status report" like this.

The first response I saw came in the form of this shrill attack piece run on CNET.  The author seems stuck in the last century, when people still bought the big lie about "write once run anywhere".  He fails to explain how "runs only on Java" is significantly different from "runs only on Windows", and completely misses the point that most enterprises have to support both types of systems (and many more) and therefore place a high priority on interop.

The attack piece brought back fond memories of the days when Bob Metcalfe and Jai Singh (now managing editor at CNET) were together at the helm of Infoworld.  Then I saw another analysis in CNET, covering the same interop event, but surprisingly balanced, at least in comparison to the first piece.  Finally, I found yet another analysis on CNET, again covering the same event; and this one is positively glowingly accurate!

What to make of it?  A single presentation by Bill Gates inspires three different pieces in CNET which cover the whole spectrum of opinion.  Can't complain about that.

~

Tragically, politics shuts down John Poindexter's data mining program.  It seems that only Safeway is allowed to collect that sort of information about U.S. citizens.


Fair and Balanced


Fair and Balanced 05/04/2004 09:16 PM
Read this Editorial titled Leader: iTunes ain't what it used to be from Silicon.com. If you're like me you'll see many glaring errors. Let's start...

Fox New: Is "Fair and Balanced"
"ridiculous"?


Fox New: Is "Fair and Balanced"
"ridiculous"?
07/18/2004 06:39 PM
"Is 'Fair and Balanced' ridiculous?" So opened the FOX News Watch segment examining Robert Greenwald's film, OutFOXed. And astonishingly, the uncontradicted view of FOX News Watch was "yes"! As Neal Gabler put it, "To say that this network promotes the Republican view ... is like saying that the Pope is Catholic. It's self-evident ... pretty much undeniable." But, he asks, as if he hadn't actually seen the film, "So what?" So what? Well first, start with the question that opened the segment: Fox says it is "Fair and Balanced." If it is "self-evident" that it is not, then I guess we agree then that it is "ridiculous" to say that it is. And second, "obviously" media critics get this about Fox. Anyone who critically watches Fox gets this about Fox. But as one questioner at the San Francisco opening put it, for those who aren't media critics, and for those who don't actually watch Fox, just how "ridiculous" Fox's claim is is something significant. My bet is that a cross-section of FOX viewers would be surprised just how false Fox's claims actually are. The discussion opened with Jim Pinkerton of Newsday calling the film "dull and didactic." He then asserted that the film says that media networks are "either worse than the Mafia that ran Cuba in the 1950s or worse than the Soviet Union." When I heard him say that, I understood why he saw the film as "dull and didactic": if this is his view, he didn't really watch the film. The opening allusion to the Mafia comes from Robert McChesney, where he compares how the Mafia carved up Cuba with how the government carves up media ownership -- nothing to do with the media being "worse than the Mafia." The allusion to the Soviet Union, also McChesney's, again had nothing to do with Pinkerton's claim. McChesney's claim was simply that propaganda is most effective when the audience is unaware -- unlike in the Soviet Union. The other simple fabrication of Pinkerton was that the film comprised "two or three disgruntled employees." That's true if by "two or three" you mean seven (four listed here; three requested anonymity). But the more fundamental fabrication is the suggestion that the film's claims are based on nothing more than the word of "two or three disgruntled employees." The film has five independent sources for its "self-evident," as Grabler puts it, conclusion: (1) former Foxies, (2) Fox memos (unmentioned by anyone on the show), (3) independent studies of Fox viewers, (4) media commentators, and (5) clips from Fox shows. Cal Thomas -- who was one of the people in the film -- found the film flawed because it "ignored the many Democrats I've had on my show." Again, not true. The movie never asserts that there are no Democrats, or liberals on the show. It just asserts -- not denied by Thomas -- that the "balance" is "unbalanced." Indeed, in one of the best parts of the film, Greenwald reports a media group that studied months of Brit Hume's "Special Report" and found over 80% of the guests on that premier show were Republican -- and that most of the Democrats were centrists. Not balanced, and not a fair picture of the facts reported. Thomas goes on (with his wonderful announcer voice -- I love listening to him) to say something extraordinary however. Here's the quote:
"I think the reason that this network looks so Republican ... is by contrast on [sic] what the others do. If you went and did -- as the Media Research Center has done -- clips of what is said on the broadcast networks ... you would find an enormous tilt to the left. So by contrast it looks conservative."
I think we need more Media Research Centers on both the Left and Right and -- imagine this -- even without a political agenda! But I've not seen that they've put together "clips" as Greenwald has. And again, the film is comparing what Fox News actually is to what Fox News says it is. Jane Hall (Who? She's an assistant professor in the School of Communication at American University) complained the film was flawed because it left "out any evidence to the contrary." There were plenty of liberals on Fox she said -- for example, she said, she was a liberal. She also mentioned Jeff Cohen, cofounder of FAIR, was on Fox News Watch "for five years." Jeff Cohen? Actually, the movie not only doesn't ignore Jeff Cohen. He is one of the most critical interviewees. And again, the film doesn't say there are no liberals on Fox. The show instead reports Clara Frenk reporting that the "quality" of the liberals was far less than the quality of the conservatives -- in the sense that the liberals were either "unknown" or "weak." Hall also repeated the total non-thought that has been framed around this film -- that somehow the film is weak because it didn't get Roger Ailes to respond. The film in fact has Roger Ailes stating Fox News was to be a fair and balanced news program. It also has Roger Ailes stating Fox News failed its viewers on election night by allowing George Bush's cousin, on the basis of extremely weak data, to call the election for Bush. But even if it didn't twice include Roger Ailes in the film, the idea that before you release a film critical of someone you must include their comment is inane. I've had many critical reviews of my work published, some very intelligent, some others not. Never has anyone asked me for my comment on their review before they publish it. Indeed, to do so would be unethical. But my favorite part of the whole show is the contrast between segment one and segment two. The review of Outfoxed was in segment two. Segment one was about -- I swear -- "Media bias." For a full segment, Fox News Watch focused on a single statement by Newsweek's Evan Thomas. As Media Research Center quotes him,
The media want Kerry to win. They’re going to portray Kerry and Edwards as being young and dynamic and optimistic, and this glow is going to be worth maybe 15 points."
This single quote by a single editor at a single magazine apparently proves, according to the show, that liberal "media bias" exists. Yet a film gathering (1) former Foxies, (2) Fox memos, (3) independent studies of Fox viewers, (4) media commentators, and (5) clips from Fox shows is, by contrast, "not that fairly put together," said Eric Burns, the show's host. I guess they would know. They're the trademark holder for the words "Fair and Balanced" (at least until the challenge to that trademark gets resolved).

"Fair and balanced" polls


"Fair and balanced" polls 06/25/2004 01:34 PM

A Fair and Balanced Review of the Mac
Mini


A Fair and Balanced Review of the Mac
Mini
02/05/2005 09:16 PM

Mac Mini: The Emperor's New Computer: Attention: Before you rip the living hell out of this guy, please remember that he went to DeVry. And he has an MCSE.

The Mini boots up into a stripped-down operating system which Apple calls OS X, similar to the stripped-down WindowsCE OS found on many handhelds. The mini OS is going to be a significant hurdle for many buyers who are used to Windows or have favorite Windows software packages they need to use. Think of it more as a first computer for your daughter or niece than as a machine to get any serious work done and you’ll get the point of the Mini and its target market. It might also be the perfect computer for grandmothers or autistic children, for example.


Fair and balanced, at least 27 percent
of the time!


Fair and balanced, at least 27 percent
of the time!
03/14/2005 06:14 PM
A new study crowns Fox News Channel the king of biased reporting.

Now your cell phone can be fair and
balanced, too


Now your cell phone can be fair and
balanced, too
07/23/2004 04:52 PM

Outfoxed: How Murdoch's network gets so
fair and balanced


Outfoxed: How Murdoch's network gets so
fair and balanced
07/12/2004 07:22 PM

ABC's 60 Minutes is absolutely not fair
and balanced


ABC's 60 Minutes is absolutely not fair
and balanced
11/03/2003 09:33 PM
I spend a lot of Time watching Fox news and stay away from the heavily liberal biased ABC, NBC, CBS...

Making American Forces Radio fair and
balanced


Making American Forces Radio fair and
balanced
06/24/2004 08:07 AM
As Rush Limbaugh cries foul, the Senate moves toward loosening the right-wing propagandist's stranglehold on the military's airwaves.

Dingell Joins Republicans to Protest
CBS's Mini-Series "The Reagans": Demands
"Fair and Balanced" Portrayal of 40th
President


Dingell Joins Republicans to Protest
CBS's Mini-Series "The Reagans": Demands
"Fair and Balanced" Portrayal of 40th
President
11/02/2003 03:12 AM
Congressman John Dingell .. and much more .. his letter .. letter

house.gov/dingell/10-29-03.html
track this site | 5 links


Will copyright reform chill use of Web?


Will copyright reform chill use of Web? 06/01/2004 06:07 AM
CanadaIT.com Jun 1 2004 9:35AM GMT

Copyright Reform to Free Orphans?


Copyright Reform to Free Orphans? 04/12/2005 05:25 AM
The authors of many great films, photos and music are long dead, but their works can't be seen or heard for fear of copyright violations. Now at last, the Copyright Office is researching how to return 'orphan works' to the public domain. By Katie Dean.

Copyright reform conference in Vienna
this June


Copyright reform conference in Vienna
this June
05/14/2004 07:41 PM
Free Bitflows is another upcoming free software/copyright reform conference (along the lines of the Berlin conference I blogged this morning) that's taking place in Vienna this June. Link (Thanks, Janko!)

321 Studios Advocates Fair Uses in
Digital Copyright Law


321 Studios Advocates Fair Uses in
Digital Copyright Law
11/12/2003 01:08 PM
Electronic Frontier Foundations Nov 12 2003 6:30AM ET

Therapy breakthrough makes the case for
Save the Orphans copyright reform


Therapy breakthrough makes the case for
Save the Orphans copyright reform
04/09/2004 04:10 PM
UPDATE: Props to Network World for linking to my story. To NWW readers: Read on for a sad postscript. My latest feature for NurseWeek concerns an innovative program that immerses cancer patients into "virtual worlds" while receiving chemotherapy, to lessen...

Ottawa moves to restrict music sharing
with proposed copyright reform


Ottawa moves to restrict music sharing
with proposed copyright reform
03/26/2005 01:01 PM
Canadian Press Mar 26 2005 5:03PM GMT

Copyright Cartel Versus Fair Use, Part
MMMCCXVII


Copyright Cartel Versus Fair Use, Part
MMMCCXVII
05/11/2004 09:12 AM

  • Fox News: Recordable DVDs New Target of Hollywood. One former lawmaker said he didn't realize that the DMCA would restrict digital-content copying to the extent that it has. "I, like most members of Congress, had no idea that what would be deemed to be fair use for books, CDs, and TV programs is not the case for DVDs — and nobody intended that the people that would enable you to make a single copy of a DVD should be held criminally liable and go to jail and that's insane," Bob Livingston (search), former U.S. Republican representative from Louisiana and House Appropriations Committee chairman, told Foxnews.com.
  • Insane, but it's the law Livingston and his colleagues passed. Now a few brave members of Congress, led by Virginia's Rick Boucher, are trying to redress the wrong they did in the 1998 Digital Millennium Copyright Act. They've introduced something called the Digital Media Consumers' Rights Act (description of bill), a bill that has no chance of passing at the moment but is worthwhile nonetheless. The fact of the bill (PDF of full text), and a hearing on Wednesday, provides evidence that the long-needed pushback against the cartel is beginning to get some traction. But they're up against an entertainment industry that has just about bought and paid for the Draconian laws now in place. The cartel is drumming up support for its inflexible position, and you need to make your own views known. The EFF has som e good suggestions. (If you email or fax a letter, I strongly urge you to write it in your own words, rather than just copying the EFF's language, because Congress is now well attuned to discount rafts of identical letters. Individual letters get much more attention than the cut-and-paste stuff.) It's good to see former lawmakers like Livingston talking about how they were snookered by the cartel, meanwhile. It won't make enough of a difference to modify the terrible DMCA in any big way, not yet. but it helps.


    Caught by the Act: Digital Copyright Law
    Ensnaring Businesses, Individuals Over
    Fair Use


    Caught by the Act: Digital Copyright Law
    Ensnaring Businesses, Individuals Over
    Fair Use
    11/12/2003 01:08 PM
    Washington Post Nov 12 2003 7:24AM ET

    Canadian Copyright Board allows
    downloads, copyright levies


    Canadian Copyright Board allows
    downloads, copyright levies
    12/14/2003 12:27 PM

    The Copyright Board of Canada issued a ruling on " private copying ", largely via peer-to-peer computing, with several components. First, downloading is acceptable, but uploading is not (presumably to target hyperpirates). Second, new mechanisms for levies were described, freezing current ones, allowing new charges.

    the Copyright Board said uploading or distributing copyrighted works online appeared to be prohibited under current Canadian law. However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version, the board said.


    Balanced Passion


    Balanced Passion 01/16/2004 11:33 AM
    What is more important in business today: Spirit or sobriety?

    The Balanced Scorecard


    The Balanced Scorecard 06/17/2005 03:20 PM
    CIO Jun 11 2005 7:42AM GMT

    Efficiency must be balanced with
    security


    Efficiency must be balanced with
    security
    05/27/2004 09:35 PM
    Computer Weekly May 28 2004 1:07AM GMT

    Bush gets checked and balanced


    Bush gets checked and balanced 06/29/2004 08:43 AM
    The Supreme Court rules against indefinitely locking up detainees -- and deals a mortal blow to the president's vision of his own limitless power.

    Super Science Fair Projects: Complete
    Guide to Science Fair Projects, Topics
    and Experiments


    Super Science Fair Projects: Complete
    Guide to Science Fair Projects, Topics
    and Experiments
    05/24/2004 06:24 AM
    Super Science Fair Projects: Complete Guide to Science Fair Projects, Topics and Experiments
    http://www.super-sc ience-fair-projects.com/

    Today your teacher announced that your school is going to have a science fair and students are responsible for exhibiting their projects. What do you feel? Enthusiastic? Despondent? Dreadful? Fearful? Excited?" This statement opens the Super Science Fair Projects site. Actually, whether student or parent, science fair projects, while great ways to get students actively involved in learning the scientific method and problem solving, can be tough assignments. This site may help you with one of the hardest parts: coming up with an idea. The site does a great job of walking the visitor through the steps needed to plan and implement a project, from Choosing a Topic, the Scientific Method, and writing the Project Report. There are even tips on displaying your project, rehearsing, winning over judges, and what to expect the day of the fair. This is definitely a great tool to tap into when planning a science fair project.[From The NSDL Scout Report for Math, Engineering, and Technology, Copyright Internet Scout Project 1994-2003. http://scout.wisc.edu/]

    Precariously balanced atop Öolong


    Precariously balanced atop Öolong 03/14/2005 06:29 PM
    Peop le of the pancake: "I see within us all (myself included) the replacement of complex inner density with a new kind of self—evolving under the pressure of information overload and the technology of the 'instantly available'. A new self that needs to contain less and less of an inner repertory of dense cultural inheritance—as we all become 'pancake people'—spread wide and thin as we connect with that vast network of information accessed by the mere touch of a button." Writing on the Edge, Richard Foreman and George Dyson speculate on a 'thin-client' view of the self where most cultural processing occurs not only somewhere else, but by something else! [reality checks provided by Kevin Kelly, Jaron Lanier, Steven Johnson, Marvin Minsky and Douglas Rushkoff, among others :]

    Linus swiped Linux from SCO, says
    balanced study


    Linus swiped Linux from SCO, says
    balanced study
    05/17/2004 03:07 PM

    Internet can be a means to finding
    balanced life


    Internet can be a means to finding
    balanced life
    04/17/2004 03:39 AM
    Seattle Times Apr 17 2004 8:22AM GMT

    Poll: Balanced Budget Beats Tax Cuts
    (AP)


    Poll: Balanced Budget Beats Tax Cuts
    (AP)
    04/13/2004 07:36 PM
    AP - About six in 10, 61 percent, chose balancing the budget while 36 percent chose tax cuts when they were asked which was more important, according to a poll conducted for the AP by Ipsos Public Affairs.

    How to Perform a Balanced Evaluation or
    Comparison Using a Matrix


    How to Perform a Balanced Evaluation or
    Comparison Using a Matrix
    01/09/2004 09:52 PM

    Poll: Most People Prefer Balanced Budget
    (AP)


    Poll: Most People Prefer Balanced Budget
    (AP)
    04/13/2004 02:27 PM
    AP - About six in ten, 61 percent, chose balancing the budget while 36 percent chose tax cuts when they were asked which was more important, according to a poll conducted for the AP by Ipsos Public Affairs.

    Apple: fair play or failure to play
    fair?


    Apple: fair play or failure to play
    fair?
    08/07/2004 01:18 AM
    Is Apple playing fair or not? On the one hand, it's their device, their music store, and their software.

    Alien puppet Linus swiped Linux from
    SCO, says balanced study


    Alien puppet Linus swiped Linux from
    SCO, says balanced study
    05/17/2004 07:24 AM
    Well, almost...

    Are You A Balanced Individual? Can You
    Handle Life's Topsy-Turvy Leanings?


    Are You A Balanced Individual? Can You
    Handle Life's Topsy-Turvy Leanings?
    12/04/2003 07:13 AM
    Marble Mayhem .. Too hard

    spikything.plus.com/games/marblemayhem
    track this site | 4 links


    IBM Unveils Business Intelligence
    Strategy for Balanced Performance in an
    Analytic Environment


    IBM Unveils Business Intelligence
    Strategy for Balanced Performance in an
    Analytic Environment
    04/06/2005 03:48 PM
    Claudia Imhoff recently spoke with IBM's Karen Parrish in an exclusive interview. [PRWEB Apr 6, 2005]

    "the petition to make the Federal Trade
    Commission and Congress must act to
    prevent Fox News from using the
    deceptive and misleading trademark 'Fair
    and Balanced.'" "


    "the petition to make the Federal Trade
    Commission and Congress must act to
    prevent Fox News from using the
    deceptive and misleading trademark 'Fair
    and Balanced.'" "
    07/21/2004 02:44 AM

    How to reform the FCC


    How to reform the FCC 06/21/2004 07:26 AM
    Economist Randolph May says the time is ripe to move the FCC to the executive branch, where there will be more political accountability for its actions.

    reform-0.1


    reform-0.1 09/13/2004 04:55 PM

    The Register wants reform


    The Register wants reform 06/24/2005 07:26 PM
    According to Cathy Kirkman of Wilson, Sonsini, Goodrich and Rosati, the Register of Coyprights has decided to propose abolishing the compulsory right granted by section 115 of the Copyright Act. This is the provision that gives recording artists the right to record "covers," so long as they pay a specified fee. Remember this quote from a 1967 House Judiciary Report, considering a modification to the law as it existed then:
    [T]he record producers argued vigorously that the compulsory license system must be retained. They asserted that the record industry is a half-billion-dollar business of great economic importance in the United States and throughout the world; records today are the principal means of disseminating music, and this creates special problems, since performers need unhampered access to musical material on nondiscriminatory terms. Historically, the record producers pointed out, there were no recording rights before 1909 and the 1909 statute adopted the compulsory license as a deliberate anti-monopoly condition on the grant of these rights. They argue that the result has been an outpouring of recorded music, with the public being given lower prices, improved quality, and a greater choice.
    Copyright Law Revision, Committee on the Judiciary, 90th Cong. 1st, Sess., Rep. No. 83 66 (March 8, 1967). Apparently the Registrer believes performers no longer "need unhampered access to musical material on nondiscriminatory terms." What progress.
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