‘Lipstick on a pig’: EC’s proposed corporate court system slammed by campaigners
RT | September 16, 2015
Campaigners sharply condemned a European Commission (EC) proposal to create a new corporate court system to replace its highly controversial Investor State Dispute Settlement (ISDS) mechanism on Wednesday.
The ISDS system is central to an EU-US trade agreement being negotiated behind closed doors, which could allow corporations to sue governments if they act against their interests.
Known as The Transatlantic Trade and Investment Partnership (TTIP), the trade deal has been shunned by almost 3 million European citizens. Some 97 percent of respondents to an EC consultation flatly rejected the trade deal’s ISDS dimension.
The EC put forward a proposal for an alternative court system on Wednesday – a move it said would make the ISDS mechanism more transparent and allow states to appeal against multinationals’ legal challenges. But campaigners say the suggested changes are merely cosmetic, and would still allow corporations to sue governments in secret court settings.
Another EU-Canada trade deal known as the Comprehensive Economic and Trade Agreement (CETA), which is currently awaiting ratification, contains an old version of the ISDS mechanism. It has also received widespread opposition from campaigners worldwide.
Global Justice Now director Nick Dearden said the EC’s proposed new court system is effectively “a PR exercise.”
“The European Commission says that this new proposal is based on ‘substantial input’ from its public consultation, but 97 percent of the thousands of responses it received in this consultation were clearly opposed to ISDS in any form,” he said on Wednesday.
“This alternative proposal is essentially a PR exercise to get around the enormous controversy and opposition that has been generated by ISDS.”
Dearden said the proposed corporate court system will still give corporations unnerving new powers.
“The Commission can try to put lipstick on a pig, but this new proposal doesn’t change the fundamental problem of giving corporations frightening new powers at the expense of our national democracies,” he said.
“Although a little more transparency is no bad thing, the real issue at hand here is that of corporate power.
“This change shows the European Commission is feeling the pressure of nearly 3 million people opposing TTIP and CETA, the two looming deals featuring ISDS,” Dearden added. He noted, however, that the EC has failed to halt the ratification of CETA.
Redacted documents detailing covert meetings between the EC and powerful tobacco lobbyists recently compounded fears TTIP would allow tobacco giants to sue governments that attempt to legislate in the public interest.
The documents, which confirmed the EC had met with lobbyists paid to peddle the interests of Big Tobacco, were published in late August.
This glaring lack of transparency sparked widespread fear among TTIP’s critics that the trade deal would empower tobacco giants to sue governments that seek to regulate the tobacco industry more stringently.
Powerful tobacco firms have previously used comparable trade deals to sue the governments of other states, who sought to crack down on its advertising.
US tobacco giant Phillip Morris previously took legal action against the Australian government after it introduced mandatory plain cigarette packaging. The firm is also embroiled in a $25-million lawsuit against Uruguay’s government in a bid to stop it from enlarging health warnings on cigarette packaging.
Takedown Senders Must Consider Fair Use, Ninth Circuit Rules
By Parker Higgins and Daniel Nazer | EFF | September 15, 2015
A federal appeals court sided with EFF yesterday on several of the major questions at issue in the long-running Lenz v. Universal copyright case. Lenz – sometimes referred to as the “Dancing Baby” case because it centers on a 29-second home video of a toddler dancing with a song by the musician Prince in the background – has long been recognized as a test of the rights enjoyed by users, and the obligations facing people who want to take down online speech.
The big takeaway of yesterday’s opinion is, yes, that copyright holders must consider fair use before sending a takedown notice. But just as important is the basis of that conclusion: again today we have a federal court making it clear that fair use is not just a carve-out of the copyright system but a right on the same level of those described in the rest of the statute.
For example, the court states explicitly that “Fair use is not just excused by the law, it is wholly authorized by the law.” However well attested that principle is in the statute and in case law, it is still sometimes considered controversial. Hopefully this decision puts that debate to rest: whether the copyright holder grants permission or not, a fair use is an authorized use.
The court goes on to specify an important consequence of that fact: since fair use is authorized by the law, people enjoying their right to fair use are not infringing copyright. That’s important because Universal had argued that fair use has to be considered an “affirmative defense” of otherwise unlawful conduct. The panel of judges dismantled that idea:
Universal’s interpretation is incorrect as it conflates two different concepts: an affirmative defense that is labeled as such due to the procedural posture of the case, and an affirmative defense that excuses impermissible conduct. Supreme Court precedent squarely supports the conclusion that fair use does not fall into the latter camp: “[A]nyone who . . . makes a fair use of the work is not an infringer of the copyright with respect to such use.” Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417, 433 (1984).
Given that 17 U.S.C. § 107 expressly authorizes fair use, labeling it as an affirmative defense that excuses conduct is a misnomer[.]
One reason this affirmation of fair use is so crucial is that it comes at a time when fair users should be enjoying new opportunities from unprecedented media tools and distribution options, but instead face similarly groundbreaking challenges and pushback from copyright holders. An interview with the video remix artist Elisa Kriesinger published just yesterday brings some of those points into focus: “Every few weeks, you are constantly having to defend your work … You thought you were clear two weeks ago, and now you’ve got to defend it again because someone else is saying that they own a portion of your work.”
In that interview, Kriesinger refers also to problems caused of algorithmic copyright enforcement, like YouTube’s Content ID system. The court addressed these systems in its opinion (as dicta, which means it’s expressly non-binding). Specifically, it cites a brief from the Organization for Transformative Works and Public Knowledge, which in turn refer to a joint statement of Fair Use Principles for User Generated Video Content that EFF first endorsed in 2007.
Some quick background on those principles: they were written as a response to a set of guidelines that did not consider fair use, put forward by a consortium of studios. It’s a testament to how far the national conversation around fair use has evolved, that a court should cite to a set of principles for protecting that essential right—and that, in a statement released after yesterday’s decision, MPAA should commend it.
For fair users, yesterday’s decision has another heartening element—the court has appropriately defined the damages available to targets of takedown abuse as broader than “actual monetary loss.” In practical terms, many people who are using their fair use rights online can’t easily demonstrate precise monetary costs of an improper takedown, but it can take a toll in terms of time and energy getting it restored and holding the senders accountable. It’s good to see a court recognize that idea. Accepting that a broad range of harm can and should make it easier for service providers and the public to hold accountable those that would abuse the DMCA.
Yesterday’s decision is not all good news, unfortunately. Applying an older Ninth Circuit decision called Rossi v MPAA, the court suggested that, although copyright owners must consider fair use, they only need to form a subjective good faith belief that the work is not authorized by law, even if this belief is objectively unreasonable on either the law or facts at issue. Those that would use the law to silence online speech should, at the very least, be required to act reasonably. Otherwise the law perversely rewards those who fail to properly educate themselves about fair use before sending a takedown.
It took eight years of litigation to get to this point. That’s right: it took eight years to establish that record labels like Universal must consider whether your speech is legal before they try to get it taken off the Internet. We are glad to finally have this result and we hope that this ruling will lead to less takedown abuse in the future.
Israel nuclear whistleblower Vanunu placed under house arrest over TV interview
RT | September 10, 2015
Whistleblower Mordechai Vanunu, who served 18 years for exposing details concerning Israel’s clandestine nuclear program in 1986, has been put under house arrest for giving an interview to local media, thus allegedly violating terms of his release.
The Magistrate’s Court in Jerusalem on Thursday confined the nuclear whistleblower to a seven-day house arrest, prohibiting him from using the internet or talking to the press, following a police investigation launched the previous day.
Local media report that the investigation was initiated by Shin Bet (the Israel Security Agency), which has been monitoring Vanunu’s activities since his release in 2004.
The arrest was prompted by an interview the whistleblower gave to the local Channel 2 TV station last week. The news channel said the interview’s content had been cleared for broadcast by the military censor. It added that police also asked for the unedited footage of the interview, suspecting that Vanunu had discussed sensitive information.
Channel 2 refused to hand it over, however, citing the media’s right to protect its sources. This principle is an “important element in the system of rights and freedoms on which a democratic government is based,” the station’s lawyer asserted, as quoted by the Haaretz newspaper.
Vanunu’s defense attorney, Yemima Abramovich, said that the interview was not a breach of his parole, as Vanunu had only been prohibited from talking to foreign journalists.
“He is allowed to talk to Israeli journalists,” she said, as quoted by Ynetnews, stressing that “the interview was approved by the military censor.”
“I’ve been Mordechai Vanunu’s lawyer for many years,” she added. “He is out of prison, but isn’t really free. It’s impossible for him to live a normal life.”
A senior Israeli security official told DPA news agency that, according to his release agreement, Vanunu was forbidden from sharing any classified information he had obtained as an employee at the Negev Nuclear Research Center near Dimona, “even if he already published that information in the past.”
In the parts of the interview that were aired last Friday, Vanunu spoke about his personal life and motives for leaking information about the existence of Israel’s nuclear activities, which the country neither denies, nor admits. However, he didn’t go into detail about what he leaked to the British press in 1986.
It was a desire to “inform the citizens of the Middle East, the world, and the state of Israel” that had prompted him to act, Vanunu told Channel 2, saying he was horrified at the “danger” posed by the Israel’s nuclear weapons program while working there.
The African-born Israeli worked as a technician at the Negev Nuclear Research Center until 1985. He leaked the information, including photographs, about Israeli’s nuclear activities to The Sunday Times in 1986.
Israel’s spy agency, Mossad, infamously organized a complex 1986 operation to abduct Vanunu and smuggle him back to Israel. It involved a female agent in disguise seducing the whistleblower and luring him into Rome. Once there, he was injected with a paralyzing drug and transported to an Israeli reconnaissance vessel docked under the guise of a merchant ship.
After serving an 18 year prison sentence, he was released on parole under the terms of which he is prohibited from leaving the state of Israel and having contact with foreigners, including the press. He was imprisoned again for three months in 2010 on the grounds that he had contacted foreign agents.
Grant F. Smith from the Institute for Research of Middle Eastern policy told RT that Vanunu is the key witness to Israeli’s nuclear program, which the state has kept secret.
“Vanunu did something nobody else was ever able to do,” he said. “He was able to take photos inside of Dimona to the London Sunday Times, and even more surprising – they published them. He has been considered to be the key witness to the fact that there is a nuclear weapons program research and development going on [in Israel]. He was also there right at the point where, according to Department of Defense Documents released recently, they were beginning hydrogen bomb research.”
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Investigators Dismiss Mexican Government’s Official Story on Missing Students
A protester at a rally against the disappearance of 43 students in the southwestern Mexican state of Guerrero holds a sign that reads: ‘We Are Ayotzinapa. We Demand Justice.’
Credit: Montecruz Foto/CC-BY-SA-2.0
IPS – September 7, 2015
A group of independent investigators has roundly dismissed the Mexican government’s claims that the 43 students who went missing in the southwestern city of Iguala last fall were burned to ashes in a garbage dump, reigniting an international outcry against the disappearance and heaping pressure on the government to provide answers to families of the victims.
The 500-page report released this past weekend by an expert group appointed by the Inter-American Commission of Human Rights (IACHR) refutes key aspects of the government’s official story, concluding in no uncertain terms that there is “no evidence” to support the Attorney General’s findings that the college students were executed and burned by a drug gang.
“This report provides an utterly damning indictment of Mexico’s handling of the worst human rights atrocity in recent memory,” José Miguel Vivanco, Americas Director at Human Rights Watch (HRW), said in a Sep. 6 statement.
“Even with the world watching and with substantial resources at hand, the authorities proved unable or unwilling to conduct a serious investigation,” he added.
HRW is calling on the government to urgently address its own flawed investigation, which was declared ‘closed’ this past January, and bring those responsible to justice.
The students, all members of the Ayotzinapa Rural Teachers’ College in Mexico’s southern Guerrero state, disappeared on Sep. 26, 2014.
Amid massive protests across the country and around the world, the government concluded that the students had commandeered several buses and traveled in them to a protest in Iguala. Following clashes with local police, the students were allegedly detained and then handed over to a criminal gang, who presumably executed them before burning their bodies in a municipal dump.
But the IACHR investigators say those “conclusions hinge on allegedly coerced witness testimony that is contradicted by physical evidence,” HRW said Sunday.
Negligence, mishandling of evidence and long delays marked the government’s official investigation, the expert panel found, adding that federal prosecutors failed to review footage from security cameras or interview key eyewitnesses.
HRW points out that “crucial pieces of evidence, such as blood and hair” were vulnerable to contamination and manipulation during the investigation, and “in July 2015, more than nine months into the investigation, the group discovered that multiple articles of clothing belonging to the victims had been collected but never examined.”
Perhaps the most damning revelation involves the government’s claim that the drug gang responsible for the students’ deaths built a pyre and fed it over a 16-hour period with scrap material like wood and tires, as well as small amounts of fuel.
Quoting the IACHR study, the Guardian reported Sunday: “It would have required 30,000 kg of wood or 13,330 kg of rubber tyres and burned for 60 hours in order to consume the bodies. [The report] adds that feeding the pyre would have been impossible, and that a conflagration of those dimensions would have left obvious evidence in the surrounding area, which an inspection of the site failed to find.”
Other major flaws in the government’s official version of events include so-called ‘confessions’ extracted from suspects under conditions likely amounting to torture and authorities’ failure to inspect the offices of members of municipal police identified by eyewitnesses.
The expert panel spent six months on the investigation, reviewing existing government evidence, conducting in-depth inspections of the crime scene and interviewing surviving witnesses and family members of the deceased.
Earlier this year, the United Nations Committee on Enforced Disappearance highlighted shortcomings in the government’s investigation of the Ayotzinapa case, and called on the government to do more to tackle impunity.
HRW estimates that there are currently 300 open investigations relating to enforced disappearances in Iguala alone, and over 25,000 people reported as ‘missing’ nationwide.
“As of April 2014, no one had been convicted of an enforced disappearance committed after 2006, according to official statistics,” the rights group concluded.
Report ends.
Holocaust Hoax: Science Repudiates Mass Cremation Stories
Israeli settlers pepper spraying Palestinians in Hebron attacks
Ma’an – September 5, 2015
HEBRON – Israeli settlers from the illegal settlement of Beit Hadasa in Hebron on Saturday attacked a young Palestinian man with pepper spray, witnesses said.
A Ma’an reporter identified the Palestinian man as Ayman al-Fakhori, and said that he had been transferred to Hebron hospital for medical treatment.
An activist group, Youth Against Settlement in Hebron, released video footage of the incident that appears to show the Palestinian scuffling with masked men and one Israeli soldier.
The masked men, identified by the activist group as settlers, then beat the Palestinian, before one of them sprays pepper spray directly into his face.
The masked men then run from the scene along with the Israeli soldier.
Earlier on Saturday, the official Palestinian Authority news agency Wafa reported another incident of a Palestinian being attacked and pepper-sprayed by Israeli settlers in Hebron.
Wafa identified the Palestinian as Jadawi Hani Abu Haykal, 21.
Abu Hakyal’s family reportedly told Wafa that he was attacked near the illegal Israeli settlement of Tel Rumeida and that his body was left severely bruised.
He was reportedly taken to hospital following the incident.
Settler attacks are a routine occurrence in Hebron, where 700 settlers live in 80 homes in the city center, surrounded by nearly 200,000 Palestinians.
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From the Archives
Politicians lie
By Mazin Qumsiyeh | Popular Resistance | August 18, 2013
There is no way to say this truth nicely: Politicians lie. That includes Japanese, American, Egyptian, Israeli, and Palestinian politicians! Is there something more common sense than that? Yet, so many citizens around the world believe their own politicians or wistfully acknowledge lies but think it is part of the job needed to run things. They believe even when politicians contradict themselves blatantly. This phenomenon is rather remarkable. It is a dissonance and disconnect from reality that many seem oblivious to. It is very dangerous because it can lead to accepting rationales for going to war. These can be deadly wars that lead to millions of lives lost as happened in what was called World War 1 and WW2. Even when incredible and declassified evidence abound, politicians continue to lie and old mythologies refuse to die. Here are just a few of the countless lies told to us over the past few decades… continue
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Aletho News- From Unipolar Universalism to Multipolar Civilizational Distinctiveness
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- Global Tipping Points Lead the World Into a State of Entropy
- The day-after at the White House: USA and Xi Jinping
- The Geopolitical Balance in the Red Sea: The UAE Being Displaced by New Players
- If Americans Knew
- Deconstructing Netanyahu’s pants-on-fire UN rant – Daily Update
- Trump betrayed voters with his campaign lies and prioritized a foreign country once he took office
- Netanyahu calls Israel’s war in Gaza ‘opposite of genocide’ in UN speech to near-empty hall
- Settler Kidnappings: Torture, Sexual Abuse and Terrorisation of Palestinian Abductees as Israel Deepens Annexation of West Bank
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- Netanyahu says, “It’s the opposite of genocide”; UN says Gaza economy is world’s ‘most severe crisis on record’ – Daily Update
- Israel’s US-Backed Assault on Gaza Has Created the ‘World’s Most Severe Economic Crisis on Record’: UN
- ‘Protecting U.S. Citizens’… From Israel
- ‘This is where I live now, the back of a truck’: a day in the life of a grandmother in Gaza
- In UN Speech, Iran’s President Displays Pictures of Children Killed by US, Brings Attention to Israel’s Nuclear Arsenal
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- New Study: Earth And Venus Surface Warmth Largely Explained By Convection And Lapse Rate, Not CO2 Or Radiation
- 2025 Nature Paper Claiming Worsening Global Drought Gets RETRACTED …Heavily Flawed
- New Study: ‘Global Drought Shows No Detectable Recent Acceleration Under Climate Warming’
- Economic Masterminds: German Socialists Suggest Taxing Productivity Gains Stemming From Using AI
- The South China Sea Has Not Been Cooperating With The Climate Change Narrative
- Energy Crisis: Germany Enters Heating Season With Historically Low Gas Reserve Fill Levels
- New Study: The Antarctic Ice Sheet Gained Mass From 2020-2024 Due To Staggering Snow And Ice Accumulation
- Study: Ocean Heating Rates From Thousands Of Years Ago ‘Dwarf’ Modern Ocean Heating Rates
- Climate Extremists Target, Attack Large-Scale Power Grid Infrastructure In Germany!
- New Study: Antarctic Ice Melt Has Contributed Less Than 1 Centimeter To Sea Level Rise In The Last 30 Years
