On DMCA takedown of youtube-dl

On DMCA takedown of youtube-dl

The EEF thought fit to comment on an RIAA DCMA takedown using §1201 of the DCMA aimed at a program called youtube-dl hosted on Github; I forwarded it via Facebook with a cryptic, acronym laden comment, and not surprisingly, some of my correspondents suggested I could have been more helpful and understandable. So I wrote an article on Linkedin, although much of it can be gained from the EFF article, however, this version includes a bit on oppressive economics of copyright maximalism, and a comment noting that Github have reposted the repo and revised their process to ensue their policies of supporting developers is fully considered when considering takedown notices. ...

Citizen voting power in the US

The last article got me thinking about the US electoral college and so I decided to describe the relative power of its citizens using a ratio. Here’s the chart, and it’s coloured in so you can get an idea of who it benefits, if anyone. I was surprised that Texas is the most disenfranchised …

The EC votes are equal to the number of Congress representatives + two to represent the Senators. Each state must have one Congress representative. The apportionment of the Congress representatives was done nearly 10 years ago and things have changed. Wikipedia has a page on this and I used their table to build my chart, although if I had looked harder, they have one similar.

There are three causes of this inequality

  1. Each state gets a vote for each Senator irrespective of the number of voters in the state
  2. There is a floor of three votes/state which explains the difference in influence between the states with three EC votes
  3. Some states have grown in population, and others shrunk; the allocations are 10 years old.
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Not just the mandate

…, it’s the powers and the term guarantee

The US Presidential Election, how exciting! Others will discuss the politics and political fallout, but I want to look at something else. Many will look at the failings of the electoral college and thus the glaringly obvious anti-democratic inertia of the Senate but like our consideration of Labour movement General Secretaries the problem is the powers not the mandate although in the USA, the mandate i.e. the electoral college, where each state gets one vote per congress representative, and one vote per senator thus preferring the views of people who live in states with a lower population, is problem.

The US Presidential elections have been settled via the electoral college usually on the basis of matching the popular vote, but the popular vote has rarely been decisive. This twitter thread looks at the last few and they rarely better our Brexit margin of 52-48 per-cent. The size of disenfranchised minorities is too large, the power of the winning coalition too broad and the nature of the decisions is such that expressing a change of mind becomes impossible. This is not right nor is it democratic.

In my article, “but democracy!”, I wrote,

Presidential systems based on the US model have [dual mandates] built in, as does the French system and on a smaller scale our system of Executive Mayors.  It should be necessary for a President to build a wide-ranging coalition to win, which should be a protection against the degeneration of Democracy, but history would suggest this is not the case. Where a society is split on critical social & economic issues, or religious or national identity issues, the “winner takes all” nature of Presidential systems and Plebiscites is a centripetal force on the unity of the polity. (This is powerfully identified in Juan Linz’s paper, Democracy: Presidential or Parliamentary, Does it make a difference?) I say,

Only a Parliament can represent the breadth of interests in a complex society, only a Parliament can negotiate popular compromises based on 2nd choices and changing priorities.

Dave Levy – but democracy!

But in both the UK & USA fundamental reform albeit of differing nature is required.

In the USA, the problem is the powers of the Presidency not the mandate, it’s the powers and strangely the term limit, but also the disproportionate power of the US Senate is becoming inappropriate as the growing majority now live in cities. …

On the EHRC report

The EHRC have  issued their report into Antisemitism in the Labour Party, they say that Labour needs to rebuild trust & confidence in the antisemitism complaints handling process, reform and provide education & training, most importantly to complaints handling staff, and monitor and evaluate the changes. Everyone has committed to doing this and the proposals are not controversial. They also found that unlawful acts under the Equalities Act had occurred and therefore served an unlawful act notice on the Party. The Labour Party is now legally obliged to draft an action plan by Thursday 10 December 2020 to tackle the unlawful act findings that were made in the report. The action plan should be based on the EHRC recommendations to avoid such acts from happening again. With good will, this should be possible, but with the remaining actions taken that day, we have to question if the Labour Party actually wants to move on. The rest of this blog article looks at the report and selects some quotes, it concludes, with the statenebt that, "The Labour Party will not fix the problem of anti-semitism or other appalling behaviour whether it be based on a protected characteristic or just straight forward bullying and cheating, until it recognises the corruption of the disciplinary process caused by factionalism. This diversion i.e. the suspension of Corbyn will make the task of making the Party a welcoming place for all who wish to join much harder. I have signed the petition that he should be reinstated, and the CLPD have published a solidarity motion to put to CLPs and Union Branches."

Chile vinceremos

Chile vinceremos

Congratulations to the people of Chile; Chile vinceremos? They have voted in a referendum to rewrite their Pinochet era constitution, reported here by Al Jazerra. Is this also a hope for many others? A new social constitution written by citizens.

Cristina Cifuentes, a Santiago-based political analyst, called Sunday’s results.

[a] big blow for the conservative parties … a new constitution was necessary to provide equitable access to healthcare, education and pensions systems.

Cristina Cifuentes
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A new Labour Left

A new Labour Left

I have been ill over the summer; I wish I had written this earlier as the wheel tracks of the political debate in the Labour Party are probably too deep for these thoughts to take hold, or maybe not, some of the articles bookmarked here suggest some deeper thinking is going on. This blog article examines the inter left dialogue and what might be done to promote a greater left unity. It notes the number of people who voted for Starmer and Corbyn, it’s a lot, and suggests that these people are key to the future platform pursued by the Labour Party. We need a majority that will build a fair and principled discipline system and a democratic policy development process that allows out membership to lead the party. This blog article , see overleaf, explores these issues in more detail

Labour, human rights and the #spycops bill

Labour, human rights and the #spycops bill

I am pretty disappointed with Labour’s decision to abstain on the 3rd Reading of the Covert Human Intelligence Sources Bill. It’s truly disgraceful and allowing the State’s secret policy to operate with impunity jeopardises important human rights such as the right to a fair trial and the right to organise (freedom of association) not to mention the rights to privacy although the investigatory powers act of 2016 put these on the bonfire. Most of its opponents focus on murder, torture and rape, but the destruction of the rule of law and its application to the police is an on-ramp to these crimes, the principle of an accountable police and prosecutor is the key.

However, Labour is not good on these issues, more recently the PLP led by Burnham & Starmer colluded with the IPA 2016, supported the retention of ‘economic’ security as a lawful purpose of the intelligence service’s activities and when I proposed the supremacy of human rights law as a conference policy, it got 2 votes on the NPF web site and my CLP has always sent other, yet important, motions to conference while CLPD’s support was ineffective as they pursued their doomed attempt to rewrite the Leadership election rules. I posted my moving speech to this blog. I am not sure if this is because many people consider the NPF to be a waste of time, or that support for human rights law is weak in the Labour Party, because you can’t eat or burn human rights.

Please vote up my NPF proposal, if its still open and if you can, the software is, to use a technical phrase, a bit shit. Also you might like to share my motion via social media.

ooOOOoo

Hansard have reworked the way in which they report votes, here is their record of the 3rd reading vote, the page opens on the not recorded page.

The Legislation tracker is here, the Lords Committee stage starts in 24th Nov and the Report stage & 3rd reading are not yet planned. If the Lords amend the Bill then it will return to the Commons for what is called the “Consideration of Amendments” where usually the Commons tell the Lords to “go away” (4,3). …

Abstention is not opposition.

Where’s Starmer? I didn’t think that “responsible opposition to the Tories” meant serial abstention. It’s not opposition! Labour has abstained on the Overseas Operations Bill and the Covert Human Intelligence Sources Bill; they also abstained on a LibDem resolution in the Lords to block evictions as the lockdown provisions expired. I should also add that Starmer’s “No ifs, no buts, get them back to school” is likely to haunt him and us. At least he should have added, when you’ve made it safe. The PLP have been absent on Brexit too. Abstention is not opposition.

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