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. ...

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.

Inside the Labour Party, Corbyn’s coalition is broken and is not going to be put back together. The political strategy, vision for Labour and culture of that part of the old left majority now coalescing around #starmerout, and articulating, still, that Starmer lost the election due to his part in pushing the Remainer position, their pandering on the issue of immigration and their disgusting organisational practices creates a pretty insurmountable barrier. It’s a rose-tinted view of the last four years which is neutralised by the facts and arguments in this article, Starmerscepticism: An Unsentimental Approach.

Keir Starmer, like Jeremy Corbyn was elected leader because the membership thought he was the most left wing candidate that could win. Looking at the results of the Leadership election, we can see that the Left lost over 175,000 votes since 2016. This means that 10,000s of people voted for Corbyn in 2015/6 and for Starmer in 2020. Another metric showing the Left’s loss of grip is that only five MP’s lost their reselection battles, and some won them handsomely. Corbyn’s internal voters were no longer following Momentum nor its sectarian and careerist passengers nor the Unite leadership.

A new left majority is not going to be reconstructed without talking and listening to those who voted for Starmer. Many of them will have done so because of his 10 pledges, which promises a significant policy continuity with the Corbyn leadership.

Telling people they’re idiots or just even wrong is not a good start point for convincing them but then there are those who are not interested in building a new majority; it’s the being right that counts for them.

Dave Levy i.e. me

Building a new majority with power has been made harder by the decision to use STV as the electoral system for the CLP division of the NEC. The sectarian nature of this decision is shown by the fact that it is the only division to which this is applied; most egregiously it has not been applied to the Councillor division. It has been done to weaken the power of the Momentum led left, in the hope that Progress/Labour First will benefit from this manoeuvre; they are running a slate under the banner of “Labour to Win” which includes a couple of re-treads who have a poor record in defending member’s rights, unless in the case of Johanna Baxter, that member is Iain McNicol.

What do we do next? Support and/or motivate the CLPD in returning to its primary cause, campaigning for Party democracy and support the Grassroots Voice 6, which is the only broad slate. After the election, we’ll see just how powerful the groups are and how attractive an independent appeal can be made, particularly by Crispin Flintoff.

 While I find much to be attracted to in the Open Labour platform, their political practice, by their divorcing of accountability to the platform by choosing their candidates by all member’s ballots, reinforced by those they chose or confirming support for powerful incumbents in the case of Alice Perry makes building coalitions through supporting their slate difficult. Ann Black & Alice Perry should be unacceptable to those on the left and those who want a Party built on respect for the membership. Ann Black, in particular, has a long track record of voting to exclude and discipline members of the most trivial of reasons and her period as Chair of the Disputes Committee culminated in the 2015/2016 purges. Black also voted for all of McNicol’s gerrymandering proposals for the 2016 Leadership election including the exclusion of 125,000 members. She was joined in both these activities by Johanna Baxter. (I am unclear of Perry’s voting record on these issues but she has voted to sanction or refer to the NCC over 1000 members.)

GV6-slate

I shall thus vote for the Grass Roots Voice slate of six candidates, which remains an alliance and is supported by a broad range of Left caucuses, including Momentum, CLPD, Grass Roots Black Left , Don’t Leave Organise, Jewish Voice for Labour, LRC and Red Labour.

I shall be looking for ways to talk to members of Open Labour who support the 2019 manifesto, want to stand up for human rights and want a disciplinary system complaint with the principles of natural justice applied to all members irrespective of their faction and/or alleged offence. We can only build a united party if we turn our backs on political victimisation, and the tactics of bullying, slander and corruption and implement a member led party where all members are valued and their rights respected.

ooOOOoo

It’s important to express your preference as accurately and completely as possible, i.e to state as many preferences as possible, although your vote will count for very little after a couple of transfers. The last person to be elected, the 9th, is interesting, but if you have voted for a complete six candidate slate (that is winning seats), it is highly likely that two of those slates will be contending for the 9th seat and so your vote will not transfer to another slate/candidate. Despite this, I will pick up Crispin Flintoff, who organises “Stand Up for Labour” and is campaigning for fairer CLP funding and Mark Macdonald who is a lawyer and wrote the opinion/advice that Corbyn had to be on the 2016 leadership ballot paper.

I do not have votes in the Disabled or Youth divisions.

This has taken too long to write and post; arguments about the nature of the post-Corbyn left as been reignited by Newsnight last night where among other things, Dianne Abbott points out the remarkable silence of Starmer on Brexit since he was elected. Much of the conversation about this is not healthy for the Labour Party but those who voted for Starmer need to begin to ask if he is as committed to the 10 Pledges as they want. …

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.

 …

The UK & War Crimes

The UK & War Crimes

The Socialist Campaign Group broke Labour's whip on the 2nd reading of the Overseas Operations (Service Personnel and Veterans) Bill 2019-21; the instruction was to abstain. The highlight reason for voting against the bill is that it decriminalises or more accurately makes it more difficult for prosecutions for criminal events undertaken by members of the armed forces while on active service overseas including allegations of torture, although not sexual assaults. Notoriously, three members of Labour's front bench were dismissed from these positions for voting against it. It would seem pretty black and white, but the decision is complicated by the 2nd Reading/3rd Reading issue, although with a Tory majority of 80, hoping for amendments in Committee is a long shot, but perhaps not in the Lords. This is further complicated by disagreements over the impact of text of the Bill and the intersection of International Humanitarian Law and International Human Rights Law. This article looks as the Bill, the International Laws it seeks to amend, the problems it seeks to solve, and the decision to insert the AG into any prosecution decisions. ...

Saving Jobs

Yesterday Rishi Sunak announced the next stage of support for the economy to see us through a coronavirus winter and mitigate some of the job destruction inherent within Brexit. It seems to be a short term working subsidy. It is described in the Guardian in an article entitled, “Covid scheme: UK government to cover 22% of worker pay for six months”. It requires employers to pay workers 55% wages for 33% hours. Below/overleaf, I also look at Richard Seymour and Rebecca Long Bailey's comments. ... ...

Schadenfreude

Schadenfreude

I should have more sympathy, but Unite’s United Left,, have just conducted an e-ballot, to determine who should be the UL’s candidate for General Secretary when Len McClusky stands down, which will have to be in the next two years. McClusky and his close supporters prefer Howard Beckett, currently Director of Legal and Politics, and he is being opposed by Steve Turner, the Union’s most senior industrial organiser, and currently Assistant General Secretary. E-Ballots are hard to run, particularly over the internet. Beckett lost be three votes and is claiming that the ballot should be re-run; I, of course, am laughing my arse off, as so many of Beckett’s supporters and he himself, felt that over Brexit, the I and the rest of the British people should be denied a ‘final say’ by having a re-run of the referendum, 🤣 …

The digital economy, surplus value and monopoly

The digital economy, surplus value and monopoly

More thoughts from a seminar. It was organised by one of the North London CLPs and was advertised as a look at the Digital Economy. So what did I learn and what did I think?

On asking how transformational is the Digital Economy, I am reminded that CV 19 has shown who are essential workers and raises the question as to why they are so poorly paid and that the Digital Economy is not yet ubiquitous. Distribution is not yet virtual and will never be, although with AI driven trucks and airborne drones, a lot of jobs can still be eliminated but I am reminded of Carlota Perez’s comments that the railways created demand for more horse drawn freight miles. The other work apart from the obvious health service workers that cannot be virtualised is cleaning and security.

One thing that was not said is that the platform companies and their software benefit from massive economies of scale, and the critical scaling factor is the number of market participants i.e. the consumers and suppliers; for Air BnB, room providers and renters, for Uber, drivers and riders. While some market place creators have applied massive imagination and science to the problems of IT scalability to support their global marketplaces, the IT plant is not at the heart of the value of these market places although we need to recognize that we’ll have to pay for cycles and the power they consume.

Copyright and closed source makes the software monopolistic which is then applied to the relationship with Labour, and in the case of both Air BnB & Uber non software capital is outsourced to the supplier! The value of the company is based on this market activity, not the value of capital employed and not the so-called cost of the software; the software expropriates the surplus value from the suppliers and the size of these markets acts as a further barrier to entry for competitors.

Copyright since it inhibits copying of the software, also underwrites the share value. This is important as we consider if these monopolies should be placed under common ownership. We need to recognize that copyright enables rental income on an infinitely available resource i.e. the software.

These problems are not new, it’s about how combine labour and the world’s natural resources to produce new stuff, the market is meant to optimise this and the platform companies break these economic rules, but fortunately we know how to regulate monopolies.

There is a need for some new thinking about the value of software and how markets might ensure optimal resource allocation but today the basic facts are that software copyrights enable the expropriation of surplus value and establish a rental income yielding super-profits, super-profits funded by the consumers.

The relationship between these marketplace platform companies[1] and their suppliers is exploitative, copyright laws add to the barriers to entry. Their practices are contrary to decent behaviour and the monopolistic nature of the enterprise, together with the subversion of the capital markets undermines their economic justification.

That’s the problem for socialists


[1] Banks are platform companies. …

Fatal Weaknesses

Fatal Weaknesses

This is part II of my commentary on the Labour Leak, it looks at the missteps and failures to control the bureaucracy from 2015 to 2019 and looks at the structural faults, the need for a robust segregation of duties, how Labour has changed its rules to make expulsion of alleged antisemites or troublemaker’s easier and how McNicol’s eventual departure allowed both damage to be continued and a cover-up to become deeply embedded within the Party.