A giant juke box

A giant juke box

This (European) Commission and Parliament must be the worst ever. Previous Parliaments have stopped ACTA & TTIP, previous Commissions have sanctioned Microsoft and Intel but it seems that this regime is going to commit two huge mistakes in regulating the new techno-economy.

The European Council has made the proposed Copyright Directive even worse! The link tax and the upload filters are still in place but the protections for authors and researchers have been weakened. The duties on social media sites with respect to licensing material are onerous to the extent of impossibility but then the law was always designed to transfer money from the datenkraken to legacy publishing businesses and turn the internet into a commercial jukebox. It’s so poor that despite,

As the entertainment industry representatives have said repeatedly during this fight, they are after nothing less than a fundamental reshaping of the Internet, where our ability to use networks for employment, family, civics, politics, education, collaboration, romance, and all the other purposes we put them to are subordinated to the use of the Internet as a glorified jukebox and video-on-demand service — where killing every EU competitor to U.S. Big Tech is an acceptable price to pay if it means transferring a few points to Big Content’s balance sheet. corydoctorow @eff

even the music companies now no longer want this law as it is.

The other piece of legislation is the Public Sector Information (PSI) Directive in which the Government’s have weaked the principle that public money buys public domain. For more see Glyn Moody on Tech Dirt, EU’s New ‘Open By Default’ Rules For Data Generated By Public Funding Subverted At The Last Minute.

Julia Reda, the Euro Pirate Party MEP writes on how to stop the Copyright Directive and points that the final votes in the Parliament will take place in the run-up to the Parliamentary elections. Not sure if the UK is taking part in them, or if there will be a selection for the candidates in the Labour Party, there wasn’t in 2012, they forgot, but I shall be writing to the Labour MEPs asking them to vote to support freedom of speech and a free internet.

You might want to too! …

Trade & Brexit

Trade & Brexit

A friend posted a link to Larry Elliot’s article, “Ignore the free-trade evangelists. Brexit can create a fairer economy“, suggesting its critique of international trade implied some sunny upland in a post Brexit world. The article is sub titled “Free market economics created a world fit for multinationals. But we need less frictionless trade and more local control”., using a global context argument and yet diminishing the regulatory power which we share with the rest of the EU. The EU have sanctioned Microsoft, Intel, Apple & Google. The EU killed the ACTA & TTIP trade agreements. (Although not CETA, the Canadian version of TTIP). That is local control.

In no post-Brexit world, where we will take years to join the WTO and make new agreements with the 92 countries whose agreements we will have voided, will there be a vibrant British or Sterling economy, Elliot, and his fans are with Prof Minford in permitting if not encouraging the so-called legacy manufacturing industry to off-shore.

We should note that our Balance of Payments has been in deficit for, well forever really but is current running at £100bn p.a. about the same size as the crisis debt/deficit level that the Tories, supported by both the LibDems and rump New Labour used to justify austerity.

The UK will be poorer, and this misery will not be shared evenly and people will get angry. Anyone, with their hand dirty will be blamed. …

Emergencies

Emergencies

More on emergency motions, mainly about the Labour Party’s rules, but may apply to other Labour movement organisations.

An emergency motion can be accepted after the convening notice for a meeting has been published. This means that attendees or potential attendees will not know that a motion is planned, especially if the relevant officers do not formally or informally publicise receipt of a proposed emergency motion. In both AMM and Branch & Delegate (B&D), an emergency motion can be proposed by one member. Emergency motions permit the weakening of the notice rules.

To be deemed an emergency there is a two part test; basically is it late for good reason, and can it wait?

To be deemed an emergency, it must prove that it is relevant to an event that occurred after the convening notice was published otherwise the proposer should/must have given the membership notice of their motion via the Secretary. i.e. the proposer needs to justify why no notice could be given. This is worse in a B&D GC;  an emergency motion can be proposed by a delegate without reference to their nominating organisation and other delegates cannot get mandates for the emergency motion, particularly if no notice has been given.

None of the above addresses the second part of the test which is to qualify as an emergency, the motion must be such that being delayed to a meeting at which notice can be given and mandates issued would nullify the impact of the motion.

This is why organisations need a test as to the bona fide nature of the “emergency” requiring the passage of a motion.

ooOOOoo

It should be noted that the very low threshold required to place an emergency motion on the order paper can lead to abuse. Because emergency motions are taken before motions that have been submitted in good time, a small minority can hijack the agenda of meetings by persistently submitting emergency motions. This denies those that have behaved well the opportunity to see their motions and ideas debated. (My local GC has motions that have been waiting for nearly two years, and it took months to discuss abolishing the Mayor and even longer to vote to oppose blacklist and for the council to embargo companies that use them.

A final thought, since motions of no-confidence, be it in an MP or a CLP EC have no effect in the rules, can they ever be considered emergencies? They will always fail the 2nd test. …

May to Corbyn: ping pong

I got my blog on Corbyn’s letter to May out just in time, she replied yesterday as I was writing it. Opinion be divided as to what she says, the Guardian commented and published a copy of the letter which I have mirrored on this site and below/overleaf.

The Guardian documents her refusal to countenance a customs union and everything else falls from there on in. She is seen by the BBC as encouraging further talks on the backstop i.e. let’s go back to my plan which parliament has already rejected and waste some more time.

The open letters and the lack of agreement makes it seem like two seals fighting, by which I mean the amount of noise.

I am however surprised at her warm words around the Common European Arrest Warrant, she must know that its corollory is the CJEU & the Charter of Fundamental Rights. … …

Nothing to see here

This came through earlier in the month, despite the Tory Party being fined, it seems that Craig McKinley, the Tory candidate for Thanet South, in 2015 is not guilty of electoral fraud, it was all down to his local campaign official. I didn’t think that was how the law worked; I didn’t think it was possible to find an Agent guilty and a candidate innocent but hey ho, we live and learn. Of course, they can’t order the election to take place again because it already has. The Secret Barrister wrote about the decision not to prosecute, the Tory’s candidates and agents over their “Battlebus” expenditure, he or she states, the CPS chose not to prosecute because evidence of corruption was likely to be too hard to prove, but,

…  In relation to the lesser offence of failing to deliver a true return, the CPS concluded, perhaps charitably, that for for the same reason it was not in the public interest to charge any of the agents or candidates with that offence.

They made an exception for the Thanet South election where they decided to prosecute. …  …

What is to be done, with Lewisham Council?

Finally I have submitted my thoughts on Lewishams’ Democracy Review. Lewisham Democracy Review by Dave Levy V1_1. My initial thoughts were published in this article on this blog. Three things,

  1. I am shocked at the true legal position, we elect a dictator, with no recall, & no term limits. Executive Mayor’s are not just a first-amongst-equals “Leaders” with a different mandate, it’s an alien form of government, lifted from the US & France and designed to reduce the accountability of the decisions from voters and their political parties. I am equally shocked at the extent to which the Mayor’s power’s are delegated to full time staff.
  2. I have recommended that they abolish the Mayoral system, and in the expectation that this will be rejected,
  3. I recommend a series of reforms to improve the accountability and transparency of the Mayor, Council and senior officials including a recall mechanism, term limits and much improved monitoring of personnel, decisions and programmes.

The deadline is Sunday.

A URL for the document is http://bit.ly/2DA5aho, a SURL for this article is https://wp.me/p9J8FV-1IN …

More on the Copyright Directive

I need to thank the Register for publishing this article, “Looming EU copyright rules – tackling Google news article scraping, installing upload filters – under fire from all sides“. It’s written from their seemingly normal editorial line of, how shall we put it, “Copyleft Scepticism”. I am usually on the other side of this debate, but the language in this article is less offensive than usual. Actually it reminded me of a couple of issues which to me have dropped below the horizon, partly because whenever new tech. competes with old media the people who get lost and forgotten are citizens and users. In this article, below/overleaf I write about some of the less obvious side effects of the Link Tax, the cost of Licensing content for small users, question why we permit copyright protection for news, the corollary of weak fair use laws,  the corollary of the economics of upload filters, and the impact of the growing unpopularity of Google. I published my diatribe on the bad economics and moral vacancy of the copyright business in on this blog in a post entitled, “A failure to serve Fans”. This article is meant to be a bit more targeted and a bit off-piste. … …

History today

Last night, the House of Commons voted to reject the Theresa May’s EU withdrawal agreement by a historic margin. The press reaction is summarised in the Guardian.

Labour have tabled a motion of No-Confidence in the Government, which the Tory/DUP are likely to win but if it weren’t for the Fixed Term Parliament Act, May would be gone. I may still happen, but the so-called “Men in Grey Suits” seem to be scarce and taking to ground however, I think that she’ll resign as Prime Minister.

The debate on Brexit now moves to No Deal, New Deal or Revoke Article 50 notice. The first is unacceptable and catastrophic, the second requires a new Prime Minister and time i.e. an extension of the Article 50 time period and the latter needs to be genuine. It may be past the time for a referendum. …

The ground is shifting

This is doing the rounds, “In a hole and still digging: the left and Brexit“, it’s quite long and I summarise it as follows,

The extra Parliamentary Left, unlike in the 70’s is now not strong enough to be relevant; Brexit is a right wing project and the Left cannot sustain the space to make Lexit any different from the right’s project. The long look at the psephology proves that Leave’s ideology is not hegemonic amongst the proletariat/working class and that the Leave vote is not part of the downtrodden masses waiting for the lightening bolt of revolutionary consciousness to strike. Opposition to Brexit is growing, and by sticking with the Lexit position, Lexiters isolate themselves from this growing population. A no deal, or May’s Deal, Brexit will be shit, all who eased its path are going to be blamed including the leadership of the Labour Party if that’s where it is seen to stay.

 …