This article is repost of a the Open Rights Group newsletter. Please look at this, it's really quite short but I am quite shocked at just how far the government plans to go, prior restraint, ministerial decrees on acceptable content, encryption breaking surveillance, and more. Please use the read more button to see what the Govt is up to and how you might help in stopping the worst of its proposals. 
On WOTCs permissive licences
Earlier this year, Wizards of the Coast, the owners of Dungeons & Dragons, bought D&D Beyond, the premiere and largest web store for the rules of D&D and they are now trialling a new version of the rules called One D&D; they are also planning to release a virtual table top solution and have a new movie in production. Also recently at a Hasbro earnings call, one of their executives stated that D&D was now a lifestyle brand and was under-monetised. This has created a sense of fear amongst 3rd party creators that WOTC will revise their intellectual property sharing agreements to the detriment of themselves and non-Dungeon Master players who have been identified as under spenders. Depending on where you look, this has created a lot of noise; I think there’s a lot of fear being generated, and it interests me to consider the issues in the context of the software industry practice. I think that software industry grew the open source models and the interaction by games vendors such as Wizards with software continues to inform good & bad practice, There's more overleaf ...
Adversarial Justice, maybe not all its cracked up to be.
I am working my way slowly through “Stories of the Law“, by the Secret Barrister and came across this,
Such as whether adversarial criminal justice is all it is cracked up to be. Whether to much – truth, dignity – is sacrificed on its alter. Whether a system that does not have as its stated aim the pursuit of truth, but instead rewards the best game player in a winner-takes- ll contest, can really be said to deliver justice in a sense understood by anyone outside of legal circles. And whether, if we have abandoned – or never even prized – truth as a guiding principle of our trials, we’re doing the gross injury to Enlightenment principles with the result that all of us – defendant , victim and society – are wronged.
The Secret Barrister
I wrote this too soon. In the following paragraph, SB, makes the argument that inquisitorial systems have one fundamental weakness
Such cases demonstrate the fallacy of assuming the state is able to neutrally seek truth as opposed to aligning on its own theory and embarking on ex post facto buttressing of that narrative. And this is a criticism often levelled inquisitorial systems by those who work within: not withstanding their oxymoronic designation as ‘neutral’ prosecutors, the prosecutor and the police may bow to natural inclinations to take a partisan position against the suspect and construct a case against him.
The flaw runs deeper than the motivations of individual investigators, however: inquisitorialism is compromised by the inherent susceptibility of the state machinery to political influence not at the level of high conspiracy, but the subtle pressures the government bring to bear on the administration of criminal justice. The ubiquitous ministerial intuition that cost savings can be made without public outcry by shearing the justice budget, cutting a few corners here and there, has been demonstrated at length. You do not need to be modelling a tin foil hat to recognise the politicians incrementally dispense with systemic safeguards, increasing the incidence of wrongful convictions, to bank transitory credit for being ‘tough on crime’; often as a reflex to media campaigns to improve conviction rates for particular offences.
The Secret Barrister
Featured image : Richter benutzt dunkelbraun-goldenen Hammer vor weißem Hintergrund CC 2.0 Marco Vetch 2018 BY …
Top European Military, I don’t think so.
Boris Johnson alleges that the UK is the strongest military power in Europe, or Western Europe anyway. It’s not true, France spends more and has more of most things and more people. Just another lie.
This was made using nationmaster,com, France has more of everything except Attack Helicopters and Submarines which are likely to the result of different doctrines. I selected the categories as the most suitable to tell the story, which is about capability i,e, I have not dropped anything to skew the result. I am surprised that the French have four aircraft carriers …
Steps towards a closer relationship with the EU.
I have just viewed the video, pointed at by this post on Brexit Watch.
He talks about the obvious, and the splits in Labour’s current leadership. He talks about the hardening of Labour’s views on a US vs EU trade deal, the transition from Thornbury to Symons-Thomas. He mentions the poll lead and its historic size although notes we lost in 2015, partly because the neo-liberals in the party sabotaged Miliband’s attempts to differentiate ourselves. In response to the question what do we do short of a single market, he states we need to be in it, even if we disguise the fact. Lots of facts on how trade is down the toilet and that the best levelling up policy would be to regain, non-tariff barrier free access to the single market. This would help manufacturing which remains the single largest source of R&D expense and permit a levelling up agenda, and an anti-climate change investment. He mentions that rejoining the single market would massively ease the problems of the Northern Ireland Protocol.
Luke calls for Labour, presumably after it comes to Government, to renegotiate the TCA to synchronise regulation and citizenship, and make revised settlement on security & crime. The TCA has strict level playing field clauses and so there is little benefit to the ‘sovereignty’ of Brexit; he alleges that Labour’s leadership will not accept anything called free movement, despite the fact that we have a common travel area with Eire; and so he proposes to negotiate a liberal visa scheme, revising the income qualification and removing employer sponsorship; we need an immigration policy that recognises we need young workers as well as bring some skills to come here. . I am not sure that Starmer will go that far or that fast, with Reeves and Nandy in key roles in the Cabinet, although Lammy holds the Foreign Office, it seems we are back not so much to constructive ambiguity, more an attempt to constructive silence.
These are my version of today’s demands on the Labour Leadership although I believe that we will have to rejoin the single market to solve the Northern Ireland problem, but neither Labour nor the country are quite ready for that. It’s our task to change that. …
Merry Xmas, once again
It’s that time of year, I hope you all have a good day, …
England’s founders
Andrew Adonis, on Twitter, has challenged us to name three people as founders of England. I thought that’s a good game. Who would I choose?
I’m writing about the founders & refounders of nations and their unique imprint - Mandela, Washington, Adenauer, Lee Kuan Yew, de Gaulle, Makarios ... This is obviously problematic for England! Who would you say are the top 3 founders of modern England?
— Andrew Adonis (@Andrew_Adonis) December 23, 2021
What is England? I think it needs to be seen as defined by its Parliament, its capitalist economy and its social wage, the remaining jewel of which is the NHS. So I nominate the Immortal 7, Sir Robert Peel, and Aneurin Bevan.
The Immortal Seven are seven members of the House of Lords who invited William of Orange to England to ensure a protestant succession. Modern historians may argue about the extent this established Parliament as the supreme authority but it is generally considered the act that ended the English Civil Wars and started us down the road to our current constitution.
Sir Robert Peel not only founded the Tory Party but the Joint Stock Companies Act was also passed under his stewardship, I toyed with Marx as an observer of Capitalism and Brunel as the innovator/entrepreneur, except he wasn’t, but capitalism is about capital mobility and capital markets and so that Act which enabled these two things to happen.
Our benefit system is in tatters, Beveridge and Keynes will be turning in their graves, but the NHS remains, and it seems we have to associate Bevan with it. Bevan is of course Welsh.
At least one commentator on the twitter thread makes the point that analysing history through the lives of single people is not wise.
Left by the wayside are Henry VIII, Oliver Cromwell & Horatio Nelson …
An arithmetic concept
I am considering again, the role of Presidents of presidential republcs. Democracy means that the voice of the governed is heard, and is ideally final, that programmes are accountable to the people and the rights of the minority respected. Presidents, Leaders. or General Secretaries with weak mandates have the power and inclination to ignore the majority of their demos. Trump’s presidency among others proves that the argument, “that’s how it works” leads to crisis. Democracy is more than an arithmetic concept. …
Tanks
I went to the Tank Museum yesterday and took some pictures.
It was interesting to visit the the week following the fall of Kabul; it makes at least one of the exhibits look a bit vainglorious. It also reminds me that I didn’t finish my story of the future of the Royal Armoured Corps from Boris’ defence review. It all makes me wonder about whether NATO can survive, and yet again, whether in areas of defence policy we see another dimension of the stupidity of Brexit.
There’s more to learn; on one slide they observe how the Army is always preparing for the last war. Reinforcing that I note that Tanks were invented during WWI in a Navy project, that like so many stories, the adoption in this case of the Tank was adopted by odd balls and that their was significant opposition bypowerul conservative (not Tory) factions in the Army, to the extent that during WW2 the Army fired Major General Hobart, and had to bring him back. Hobart, was not born into a military family and was assigned to the Royal Engineers; he became the Deputy Director of Staff Duties (Armoured Fighting Vehicles), he later became Director of Military Training and was the founder of the 7th Armoured Division, the Desert Rats. There are many more examples of the slow adoption by the Army of the necessary tactics and technology, perhaps I’ll look them up and write something, if its not been done (I am sure it has).
As one walks in, the first exhibit talks about the design trilemma, of armour, firepower and mobility, a theme they revisit in commenting on a number of exhibits but if one recognises that the best tanks of the WWII were the US designed Sherman and Soviet T34, it becomes clear that cost, and manufacturing simplicity were also key. While tank on tank the allied tanks were inferior to their opponents, the allied forces had more than enough because they were simpler to make by design and the allied manufacturing capability was so much greater. …
The Northern Ireland Protocol
I was originally going to write something which I hope might be profound or provoking, but in the end, this just noted more of the Govt's myopia. Northern Ireland Protocol was agreed to avoid border infrastructure on the island of Ireland. The UK Govt agreed ... Boris and the DUP blew up May's previous solution to the problem , which was to belong to the Customs Union while working out something better. I look at the 'command' paper, which is an attempt to renegotiate the Northern Ireland Protocol, part of the Withdrawal Agreement which left Northern Ireland in the EU’s customs area for the purposes of intra-Ireland trade. It looks at the EU's response. ...