The difficulty of looking inward

Reactions to the horrifying bombing and shootings in Norway have demonstrated yet again how hard it is for us to acknowledge that our own societies might have their own dark side. This is nothing new: we all have the tendency to play up threats from without (Osama bin Laden) and play down threats from within (Timothy McVeigh).

Most obvious has been the kneejerk tendency to claim this was an act of Islamic terrorism. I first read about the attacks on my Facebook feed, where the New York TimesNicholas Kristof, without any evidence, wrote, “Looks like Al Qaeda.” The Atlantic’s James Fallows, Ta-Nehisi Coates and Steve Clemons also rightly take The Washington Post and writer Jennifer Rubin to task for writing the same thing in much more detail. Kristof, Rubin and the Post have yet to retract/apologize for what they wrote, although Kristof has since acknowledged on Facebook that the alleged murderer was actually a right-wing extremist.

That’s all par for the course. I think we all have a tendency to jump to conclusions. Rather, the more fascinating thing about people’s reactions is how the facts of the case – the suspect is a Norwegian (white!), Christian, right-wing extremist whose beliefs are more in line with Mark Steyn than bin Laden  – are incorporated into the widespread belief that Islamic terrorists pose an existential threat to the West.

Case 1: James Fallows, who shares an email from a “Norwegian friend whom my wife and I have known since he came to the U.S. for graduate school in the 1970s.” This friend, whose letter is run without comment, suggests that “we are seeing is a mutation of Al Quaeda / Jihadist tactics, to domestic political action and the surprise is that it happened in peaceful Norway. (Yes, there was McVeigh and Oklahoma city, but it feels different, and maybe it is different just because it happened before 9/11).”

There’s a lot in here, though the letter is interesting more for what it tells us about how the writer perceives the world than what it says about the actual event.

Start with the assertion that we’re seeing a “mutation of Al Qaeda / Jihadist tactics to domestic political action.” Can we really call the bombing of government buildings and the mass murder civilians to make a political point “Jihadist tactics”? That countless groups throughout history have used such tactics to further domestic political aims suggest that he’s just plain wrong about the novelty of such attacks, in Europe if not in Norway.

Paul Wells links us to Dan Gardner, who reminds us that non-Islamic terror groups are much more active in Europe than Al Qaeda and its sympathizers.

The overwhelming majority of the [failed, foiled or successful terrorist] attacks [in Europe in 2009] – 237 of 294 – were carried out by separatist groups, such as the Basque ETA. A further 40 terrorists schemes were pinned on leftist and/or anarchist terrorists. Rightists were responsible for four attacks. Single-issue groups were behind two attacks, while responsibility for a further 10 was not clear.

Bombing government buildings and murdering civilians to make a political point, or the desire to do so, is a commonplace among extremist groups, including domestic groups. Full stop.

Which brings us to why, for this person, this attack “feels different” from “McVeigh and [the] Oklahoma City” bombing. It can’t be the facts of the case: McVeigh bombed a building and killed a lot of people, too. He, too, was a Christian, right-wing homegrown extremist. My guess is it feels different because of our very human tendency to attribute evil acts to outsiders.

His comments put me in mind of a Canadian friend, living in Japan, whose apartment was robbed. (Luckily, he had hidden his money in a copy of Marx’s Das Kapital, which the thieves for some reason left behind.) As I remember the story, the police were sure that foreigners were to blame: they were shocked when some Japanese kids confessed to the robbery.

To non-Japanese it’s neither surprising nor a sweeping indictment of their society that some Japanese kids were to blame for the break-in. No society is free of criminals, just as no society is free of violent racists. I’ve never been there, but I would be shocked if Norway were any different. Suggesting that this alleged murderer is “an individual host for the Al Qaeda gene” is akin to claiming he had been infected by some foreign virus, contaminating the otherwise-pure body politic of Norway.

I don’t know how helpful this line of thinking is, considering that domestic political violence is nothing new (Canada has experienced its share of “homegrown” terrorist bombings, from the 1970 October Crisis in Quebec and the 1985 Air India bombings to the more recent bombings of oil pipelines in Alberta). It may be easier – and in these nationalistic times, more popular – to condemn evil foreign influences, imagined or otherwise, than to confront “homegrown” problems. But the ability to do so is a sign of national strength, not weakness.

(And I haven’t even gotten into his suggestion that this might not have happened if there had been an ultra-right-wing party there to moderate the alleged attacker’s views, since the party would moderate its views in search of votes. Exactly how does that work in a system prone to coalition governments?)

My thoughts go out to Norway, and the families of the victims of this atrocity.

Posted in Norweigan terrorist attack | Comments Off on The difficulty of looking inward

The "b" is for bargain!

A small housekeeping note: I successfully defended my dissertation on May 26. It was accepted without revisions. Post-defence dinner at Town was excellent, as always. My wife, who’s been in Australia since February working on her PhD, bought us a tasty bottle of Prosecco, which was enjoyed by all.

I will be posting a copy of the dissertation shortly. I might even write about the defence experience (very positive) at some point, but don’t hold me to that. Thanks to everyone who supported me in my work over the past six years.

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The Mexican vote against ACTA: A pretty big deal

I don’t know what the Mexican Congress’ formal call for the Mexican Executive not to sign the Anti Counterfeiting Trade Agreement means for the future of ACTA in Mexico (Techdirt story here). However, it does seem to mark a sea change in Mexico’s treatment of copyright in general. As I discuss in my dissertation, in 2003 a nearly unanimous Congress extended the term of copyright to a world-leading life of the author plus one hundred years with only a cursory debate. Going from reflexively approving a huge strengthening in copyright law to calling for the rejection of the latest attempt to strengthen said law: that’s a pretty big change.

What’s going on? Based on my dissertation field work, two things, I think. First, the telecoms are pretty strong politically and economically in Mexico, and I’m pretty sure their goal is to minimize ACTA’s burden on their bottom line (ACTA being driven by the content industries and all). As I’ve noted elsewhere, even though telecoms were largely excluded from what were secret content-industry-driven negotiations, they are too powerful not to have a say when it comes time to actually implement ACTA into domestic law.

Second, and most interesting, the traditional rhetorical argument for stronger copyright in Mexico – that it’s needed to support the national culture – is running up against an equally powerful narrative: the need for economic development. Mexico’s current National Development Plan emphasizes the need for improved broadband penetration. Along those lines, COFETEL, Mexico’s telecoms regulator, the rough equivalent to the CRTC here in Canada, argued back in November that ACTA could worsen the digital divide. Its view was supported by the Senator Carlos Sotelo of the left-leaning Party of the Democratic Revolution (PRD). He said that Mexico needs a balanced copyright law that guarantees a universal right of broadband access.

As well, Senator María Beatriz Zavala Peniche of the centre-right National Action Party (PAN) emphasized that copyright law should support individuals’ rights to the dissemination of knowledge and the sharing of culture.

So what we have here are a powerful economic interest group (the telecoms) and a potent counter-narrative (economic development). Anyone interested in copyright reform should be paying very close attention to Mexico. It will be very interesting to see the extent to which this copyright-versus-development narrative takes hold, both in Mexico and abroad.

Posted in ACTA, Mexican copyright | Comments Off on The Mexican vote against ACTA: A pretty big deal

No free pony for you

There are few things I love more in life than the music of Cracker and Camper van Beethoven. During a stint as the Arts editor at my undergrad student paper, I once drove our editor-in-chief half mad by commandeering the office stereo and playing Cracker’s masterpiece Kerosene Hat nonstop for an entire month. (I also managed to get Cracker named the paper’s official band, over the E-i-C’s strenuous objections. Democracy’s wonderful when you’re good at vote counting and taking your opposition by surprise. Good times.)

So I couldn’t help but link to Camper’s announcement for their shows this weekend in California (they’re also hosting a weekend festival in Virginia June 17 and 18) weekend shows. Especially since, as I’m sure you’ll agree, it fits so well with much of what I cover here in the Orangespace.

Oh, and do pick up Cracker/CVB frontman’s David Lowery’s solo album. It’s terrific.

Free Pony Giveaway. This weekend’s shows
You realize I’m joking right? No free pony giveaway. I mean we were really ready to do it. Give away a free pony to everyone that came to this weekend’s shows. But apparently there are problems with doing something like that. ASPCA and ASCAP both had a problem with pony giveaways. I mean I understand that the ASPCA having a problem with the free pony giveaway. But ASCAP?
Apparently The American Society of Composers and Publishers wants us to pay a performance royalty of 2 cents for every whinny that each “free” pony emits over it’s estimated lifetime of 27 years. They have that calculated at approximately 571,590 whinnies per pony over it’s lifetime. This comes to $11,431.80 for each pony. Given the fact that we are expecting over 250,000 people at each show this weekend this would come to a grand total of $8,573,850,000 (perhaps a little lower as people who attend more than one show might refuse a second or third free pony).

Some of you may be wondering exactly how did ASCAP come to control the rights to a pony’s whinny? It’s a long and interesting story. Apparently most pony’s whinnies are more than 8 notes long. This means they can be copyrighted and “published” as a melody. It turns out that in the early 1990s when Michael Jackson bought the rights to The Beatles catalogue he also had a team of UCLA musicologists catalogue, notate and publish every known horse whinny including the rare greenlandic horse’s “Ed McMahon” whinny. As this was a work “for hire” Michael Jackson’s estate now controls the rights to every public performance of a horse whinny. Michael Jackson’s estate then assigned these rights to ASCAP to administer.

Although your gift horse’s whinny in your own home might seem like a private performance it is not! Because the horse was gifted to you at a public concert all subsequent whinnying is considered the “fruit” of the original public performance. This has been challenged twice in the US supreme court and each time the Supreme court upheld it in an 8-1 ruling. Justice Ginsburg dissented both times. (see The Osmonds vs Sony/ATV 1996 and Mattel vs Sony/ATV 2004).

**final note. That nearly soundless a-a-a-a-a-ack-ack ack that your cat makes while looking at birds through a window is also controlled by the Michael Jackson estate. Our attorneys have advised us not give away free kittens either.

Posted in ASCAP, Cracker, CVB | Comments Off on No free pony for you

The copyright hammer

It might just be me, but I’ve noticed an increase (from about zero) in articles and reports on the way that copyright restricts people’s access to information and cultural works, with sometimes negative consequences. This morning, I stumbled across a series of articles in the U.S. Chronicle of Higher Education, titled “The Copyright Rebellion.” They tackle the crucial issue of how copyright law actually interferes with teachers’ ability to teach and students’ ability to learn by making it unaffordable for professors to place copyrighted works on their curricula, or for music students to play works by composers who have been dead for decades.

Highly recommended, and a good reminder that the purpose of copyright is to promote both creation and dissemination. While it deals with U.S. copyright law, and Canadian copyright law is somewhat different (fair use in the U.S., fair dealing in Canada, for example), the general principles do apply in both cases. Whether copyright actually does promote creation is an open issue for which the evidence isn’t all that favourable, as I’ve noted before. But there’s no question that it restricts dissemination, as these articles amply demonstrate.

Supreme Court Takes Up Scholars’ Rights

Out of Fear, Colleges Lock Books and Images Away From Scholars

Pushing Back Against Legal Threats by Putting Fair Use Forward (also has a list of links to articles on copyright and fair use for academics and librarians)

What You Don’t Know About Copyright, but Should (U.S. focus)

Posted in copyright, U.S. copyright | Comments Off on The copyright hammer